News (Media Awareness Project) - US VA: Doctor Charged In Oxycontin Case Held On $200,000 Bond |
Title: | US VA: Doctor Charged In Oxycontin Case Held On $200,000 Bond |
Published On: | 2002-02-03 |
Source: | Roanoke Times (VA) |
Fetched On: | 2008-01-24 22:07:25 |
DOCTOR CHARGED IN OXYCONTIN CASE HELD ON $200,000 BOND
Knox's Comments During The Bond Hearing Focused On Whether Other Doctors
Would Be Willing To Take On The Cases Of His 800 Patients.
A Roanoke pain specialist who is one of the first doctors to be charged
federally for the death or serious injury of a patient for whom he
prescribed OxyContin and other narcotics is being held on $200,000 bond.
U.S. Magistrate Judge Glen Conrad said he would release Dr. Cecil Byron
Knox once he made bail and allow him to make arrangements for his patients'
care.
But Conrad prohibited Knox, his office manager, registered nurse Beverly
Gale Boone, and a former employee, Tiffany T. Durham, from writing any more
prescriptions or having further contact with patients other than referring
them to new doctors until the case is resolved.
Conrad's decision essentially shuts down Knox's practice, Southwest
Virginia Physical Medicine and Rehabilitation, on Second Street Southwest.
Knox has nearly 800 patients, many of whom suffer from chronic pain, said
his attorney, Deborah Caldwell-Bono. Their care is now in question.
Caldwell-Bono said after the hearing that the prosecution could allege that
only 10 of Knox's patients had died while under his care during the 13
years he has treated patients with chronic pain problems.
While Conrad did not grant Assistant U.S. Attorney Rusty Fitzgerald's
motion to have Knox and Boone detained because of the severity of the
crimes they have been charged with, Conrad said that he thought the
prosecution had a strong case.
"I may have overestimated what has happened, but it's pretty darn
suspicious," Conrad said. He also expressed concern that Knox continued to
write the prescriptions even though he knew he was being investigated.
U.S. Attorney John Brownlee would not say whether any of the 10 charges
involving serious bodily injury or death to Knox's patients actually
involved the death of a patient.
Both Knox and Boone plan to plead not guilty, their attorneys said.
This case differs from previous cases involving doctors allegedly
overprescribing OxyContin and other narcotics because instead of just
indicting a doctor, federal authorities have essentially targeted Knox's
whole practice and arrested nearly all his staff members.
Knox, in his only comments during the hearing, talked about the well-being
of his patients.
"I'm concerned that I may need to render acute medical care during this
period," Knox said.
"To shovel them off on someone I pick is not always going to be
appropriate," he added.
Tony Anderson, who also represents Knox, said finding a doctor to replace
Knox was not going to be easy. "A lot of doctors are scared half to death"
to take on Knox's cases, he said.
Conrad set Knox's bond at $200,000, and he was still in custody Saturday.
Boone was released on $50,000 bond. Conrad also ruled that Knox, 52, and
Boone, 43, could have seven to 10 days to arrange for their patients to be
referred to other doctors.
Fitzgerald also presented evidence that hinted at the enmity the defendants
may feel toward the federal authorities investigating them. When federal
agents arrested the defendants at the office Friday, they found an urn with
ashes inside. The urn was inscribed with the names of two of the federal
agents, Robert Wardlow and Gregg Wood, and with unflattering
characterizations about them.
Agents also found a voodoo doll bearing Fitzgerald's likeness hung upside
down in a plastic bag with a syringe stuck into it, Fitzgerald said.
Anderson declined to comment on the voodoo doll or the urn.
Knox, Boone, and Durham, 28, an emergency medical technician who worked on
the practice's prescription hotline, were charged Friday with conspiracy to
distribute OxyContin and other medications for no legitimate medical
purpose. Each was also charged with 10 counts of illegally distributing the
same medications, which federal authorities said led to the death or
serious bodily injury of 10 patients.
Both Knox and Boone live in Roanoke; Durham is from Blue Ridge.
OxyContin is a powerful painkiller manufactured by Connecticut
pharmaceutical company Purdue Pharma. More than 60 fatal overdoses in
Western Virginia have been linked to the active ingredient in OxyContin.
Knox, Boone and Durham have also been charged with conspiracy to commit
health care fraud, fraud against the United States, obstruction of a health
care investigation, and receiving kickbacks for patient referrals. Knox,
Boone and the practice have also been charged with three counts of health
care fraud.
Knox and Boone face life in prison and fines of more than $27 million.
Durham also faces life in prison and a fine of $26.5 million. The practice
could also have to pay $1.5 million. If any of the defendants are convicted
of causing death or serious bodily injury by illegally prescribing drugs,
each would face a mandatory prison term of 20 years.
Federal authorities are also seeking the forfeiture of $1 million; land in
Roanoke County, Roanoke and Idaho; the medical practice; and several bank
accounts.
A patient of Knox's, reached after the hearing, provided a different
perspective on the doctor.
Tim Lee, who has an inoperable back injury, said that after consulting 20
doctors, Knox was the only one who diagnosed him correctly.
"He saved my life," Lee said. "The pain had gotten so bad to where I
contemplated suicide." Lee said Knox prescribed morphine, Percocet, Xanax
and Soma for him when other doctors would not prescribe him enough medicine
to quell his pain.
Two other defendants who operated out of the same building as Southwest
Virginia Physical Medicine and Rehabilitation were also charged.
Alternative medicine specialist Kathleen G. O'Gee, 53, of Pulaski and
counselor Willard Newbill James Jr., 56, of Roanoke also face health care
fraud charges as part of the indictment. Both they and Durham were released
on bond.
Roanoke attorney David Damico, who represents James, pointed out that his
client was not charged with any crime related to drug conspiracy. He added
that James planned to plead not guilty to the health care fraud charge.
James and O'Gee each face a maximum prison term of 15 years and a fine of
$500,000.
The defendants' arraignment is scheduled for Feb. 21.
Knox's Comments During The Bond Hearing Focused On Whether Other Doctors
Would Be Willing To Take On The Cases Of His 800 Patients.
A Roanoke pain specialist who is one of the first doctors to be charged
federally for the death or serious injury of a patient for whom he
prescribed OxyContin and other narcotics is being held on $200,000 bond.
U.S. Magistrate Judge Glen Conrad said he would release Dr. Cecil Byron
Knox once he made bail and allow him to make arrangements for his patients'
care.
But Conrad prohibited Knox, his office manager, registered nurse Beverly
Gale Boone, and a former employee, Tiffany T. Durham, from writing any more
prescriptions or having further contact with patients other than referring
them to new doctors until the case is resolved.
Conrad's decision essentially shuts down Knox's practice, Southwest
Virginia Physical Medicine and Rehabilitation, on Second Street Southwest.
Knox has nearly 800 patients, many of whom suffer from chronic pain, said
his attorney, Deborah Caldwell-Bono. Their care is now in question.
Caldwell-Bono said after the hearing that the prosecution could allege that
only 10 of Knox's patients had died while under his care during the 13
years he has treated patients with chronic pain problems.
While Conrad did not grant Assistant U.S. Attorney Rusty Fitzgerald's
motion to have Knox and Boone detained because of the severity of the
crimes they have been charged with, Conrad said that he thought the
prosecution had a strong case.
"I may have overestimated what has happened, but it's pretty darn
suspicious," Conrad said. He also expressed concern that Knox continued to
write the prescriptions even though he knew he was being investigated.
U.S. Attorney John Brownlee would not say whether any of the 10 charges
involving serious bodily injury or death to Knox's patients actually
involved the death of a patient.
Both Knox and Boone plan to plead not guilty, their attorneys said.
This case differs from previous cases involving doctors allegedly
overprescribing OxyContin and other narcotics because instead of just
indicting a doctor, federal authorities have essentially targeted Knox's
whole practice and arrested nearly all his staff members.
Knox, in his only comments during the hearing, talked about the well-being
of his patients.
"I'm concerned that I may need to render acute medical care during this
period," Knox said.
"To shovel them off on someone I pick is not always going to be
appropriate," he added.
Tony Anderson, who also represents Knox, said finding a doctor to replace
Knox was not going to be easy. "A lot of doctors are scared half to death"
to take on Knox's cases, he said.
Conrad set Knox's bond at $200,000, and he was still in custody Saturday.
Boone was released on $50,000 bond. Conrad also ruled that Knox, 52, and
Boone, 43, could have seven to 10 days to arrange for their patients to be
referred to other doctors.
Fitzgerald also presented evidence that hinted at the enmity the defendants
may feel toward the federal authorities investigating them. When federal
agents arrested the defendants at the office Friday, they found an urn with
ashes inside. The urn was inscribed with the names of two of the federal
agents, Robert Wardlow and Gregg Wood, and with unflattering
characterizations about them.
Agents also found a voodoo doll bearing Fitzgerald's likeness hung upside
down in a plastic bag with a syringe stuck into it, Fitzgerald said.
Anderson declined to comment on the voodoo doll or the urn.
Knox, Boone, and Durham, 28, an emergency medical technician who worked on
the practice's prescription hotline, were charged Friday with conspiracy to
distribute OxyContin and other medications for no legitimate medical
purpose. Each was also charged with 10 counts of illegally distributing the
same medications, which federal authorities said led to the death or
serious bodily injury of 10 patients.
Both Knox and Boone live in Roanoke; Durham is from Blue Ridge.
OxyContin is a powerful painkiller manufactured by Connecticut
pharmaceutical company Purdue Pharma. More than 60 fatal overdoses in
Western Virginia have been linked to the active ingredient in OxyContin.
Knox, Boone and Durham have also been charged with conspiracy to commit
health care fraud, fraud against the United States, obstruction of a health
care investigation, and receiving kickbacks for patient referrals. Knox,
Boone and the practice have also been charged with three counts of health
care fraud.
Knox and Boone face life in prison and fines of more than $27 million.
Durham also faces life in prison and a fine of $26.5 million. The practice
could also have to pay $1.5 million. If any of the defendants are convicted
of causing death or serious bodily injury by illegally prescribing drugs,
each would face a mandatory prison term of 20 years.
Federal authorities are also seeking the forfeiture of $1 million; land in
Roanoke County, Roanoke and Idaho; the medical practice; and several bank
accounts.
A patient of Knox's, reached after the hearing, provided a different
perspective on the doctor.
Tim Lee, who has an inoperable back injury, said that after consulting 20
doctors, Knox was the only one who diagnosed him correctly.
"He saved my life," Lee said. "The pain had gotten so bad to where I
contemplated suicide." Lee said Knox prescribed morphine, Percocet, Xanax
and Soma for him when other doctors would not prescribe him enough medicine
to quell his pain.
Two other defendants who operated out of the same building as Southwest
Virginia Physical Medicine and Rehabilitation were also charged.
Alternative medicine specialist Kathleen G. O'Gee, 53, of Pulaski and
counselor Willard Newbill James Jr., 56, of Roanoke also face health care
fraud charges as part of the indictment. Both they and Durham were released
on bond.
Roanoke attorney David Damico, who represents James, pointed out that his
client was not charged with any crime related to drug conspiracy. He added
that James planned to plead not guilty to the health care fraud charge.
James and O'Gee each face a maximum prison term of 15 years and a fine of
$500,000.
The defendants' arraignment is scheduled for Feb. 21.
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