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Hurwitz Trial Update
Wednesday, December 8, 2004

by Frank Fisher, M.D. for the Pain Relief Network; 12/8/2004. Originally posted: 12/8/2004;
[www.doctordeluca.com/Library/WOD/HurwitzUpdate041208.htm]. Revised: 12/14/2004.

Friends,

This is the last sentence of Karen Tandy¹s 12/7/2004 Editorial in USA Today:
 

"Doctors acting in good faith and in accordance with established medical
norms should remain confident in their ability to prescribe appropriate pain
medications." [DEA isn't 'out to get' Doctors; Tandy; 2004]

Some of you may be distressed to learn that at the urging of the US Attorney the court will not be including a good faith instruction, when it charges the jury in the Hurwitz trial with how to deliberate in this important case. The federal law itself, in question here, also includes no such language.

This will fill you in on the government’s antics during yesterday’s courtroom proceedings:

The US Attorney, while conceding that Dr. Hurwitz had many legitimate patients, attempted to demonize him as the criminal mastermind of a drug dealing empire that stretched all across the southeastern United States, spreading misery and death as far as London, Kentucky. Mr. Rossi also accused Dr. Hurwitz as having taken delight in getting away with the killing of a number of his patients over the years, by outsmarting the DEA. Mr. Rossi concluded by pleading with the jury to remove this threat from society. 

Defense attorney Mr. Hallinan's closing statement was a magnificent performance. He described how a sophisticated gang of predators took advantage of a well-intentioned pain doctor, and how the government enlisted them to help take Hurwitz down. The jury sat riveted at the edge of their seats. Mr. Hallinan owned the courtroom for almost an hour. This was one for the ages. I am still blown away by the force of it.

The jury will be charged tomorrow, and begin their deliberations.


-- Frank (Frank Fisher, M.D.)

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