Pubdate: Fri, 24 Feb 2006
Source: Times-Reporter (OH)
Copyright: 2006 The Times-Reporter
Contact:  http://www.timesreporter.com
Details: http://www.mapinc.org/media/1188
Author: Renee Brown
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

FEDS TO TAKE PAIN CLINIC CASE: U.S. DISTRICT ATTORNEY TO HANDLE
PROSECUTION

The criminal indictments filed as a result of the 2003 investigation
into the former Professional Pain Management of Ohio are on the verge
of being dismissed for a second time.

But this time it's at the request of Tuscarawas County prosecutors,
who have been notified that federal prosecutors have decided to look
into the matter.

A succinct request for dismissal was filed by Assistant Prosecutor
David C. Hipp in each of the nine cases Thursday. A hearing on the
requests is expected to be scheduled before Tuscarawas County Common
Pleas Court Judge Edward O'Farrell.

"The Tuscarawas County prosecutor's office has requested dismissal of
the indictments filed against Professional Pain Management of Ohio,
Dusini Drugs Inc., Strasburg Pharmacy, Dr. Edward DeHaas, Dr. William
Napoli, Scott Vinci, Connie Campbell, Michael Dennis and Amy Froman,"
Hipp said Thursday in a press release.

"The motions for dismissal result from the decision of the U.S.
Attorney for the Northern District of Ohio to issue notices to these
same defendants for prosecution for violations of federal law related
to the conduct which is the subject of the Tuscarawas County
indictments. The scope of the federal laws involved may be greater
than the Ohio offenses charged in the indictments."

The decision comes less than two weeks after the cases were scheduled
for jury trials before O'Farrell between early June and late
September. The decision also makes moot an order issued by O'Farrell
to transcribe all grand jury proceedings in each case for review.

Hipp said investigators and his office have received assistance from
various federal agencies while attempting to prosecute the cases.

"Federal prosecution eliminates one of the more serious difficulties
with local prosecution, the securing of witnesses from out of state,
primarily eastern Kentucky, for testimony in Ohio courts," he said.

Hipp also noted that should there be a conviction or an acquittal of
any of the defendants on federal drug charges, the county could not
prosecute them for the same conduct.

Last year, the first set of indictments filed against the group was
dismissed by O'Farrell at the request of defense attorneys.

The businesses -- the clinic, Dusini Drugs Inc. at 315 E. High Ave.,
New Philadelphia, and SCP Inc., doing business as Strasburg Pharmacy,
at 1120 N. Wooster Ave., Strasburg -- are charged with engaging in a
pattern of corrupt activity.

DeHaas, 65, and Napoli, 49, both of Canton, are charged with drug
trafficking and engaging in a pattern of corrupt activity.

The pharmacists, Vinci, 39, of New Philadelphia; Campbell, 45, of
Mineral City; Dennis, 35, of Massillon; and Froman, 42, of Strasburg,
are charged with drug trafficking.

It is unclear whether the 23 counts of illegal processing of drug
documents filed against Napoli will stand. Napoli is accused of taking
prescription forms from the pain clinic and forging them in order to
obtain hydrocodone for himself in Stark County between Oct. 19, 2003,
and Sept. 3, 2004.

DeHaas and Napoli are accused of prescribing large quantities of
hydrocodone, an addictive painkiller, and the pharmacists are accused
of filling those prescriptions. Investigators suspect the pills later
were being sold illegally on the street.

The indictments stem from a 10-month investigation into the clinic,
which was located on Rt. 39 near I-77 at New Philadelphia. The clinic
opened in February 2003 and was closed during a raid Dec. 16, 2003,
the same date a search warrant was executed and 2,700 patient files
were seized. More than 85 percent of the clinic's patients were
Kentucky residents. 
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MAP posted-by: Tom