Pubdate: Thu, 15 Jul 2004 Source: Macon Telegraph (GA) Copyright: 2004 The Macon Telegraph Publishing Company Contact: http://www.macontelegraph.com/ Details: http://www.mapinc.org/media/667 Author: Becky Purser, Telegraph Staff Writer Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone) Bookmark: http://www.mapinc.org/find?232 (Chronic Pain) ATTORNEY SAYS PERRY DOCTOR CHARGED WITH MURDER IS INNOCENT WARNER ROBINS - A Perry doctor indicted for murder in the deaths of six people is innocent and will prevail in court, his attorney said Wednesday. Dr. Spurgeon Green was indicted Tuesday by a Houston County grand jury on the murder charges, including the death of a Jesup man. He also faces a murder charge in Wayne County for that death but the case may be consolidated with Houston County's. "This indictment is another of many that are occurring nationwide involving doctors who specialize in treating chronic pain," said O. Hale Almand Jr., a Macon attorney representing Green. "Dr. Green's treatment of his patients is consistent with acceptable medical practices as will be clearly demonstrated at his trial on the indictment," Almand said. Green is accused of prescribing varied pain medications to the six people without a legitimate medical purpose, resulting in their deaths. More than a dozen different drugs were spelled out in the indictment, including OxyContin, Xanax and diazepam. Almand said that the prescription of pain medications for chronic pain sufferers is widely misunderstood. "It's unfortunate that (Green) has to go through this but thankfully, under our system of justice, he will have his day in court and establish his innocence," said Almand. The names of the people who died were included in the indictment. They were James Eugene Carr, Elmer Lee Teal Jr., Belinda Kay Maya, Melissa Marl Allen, Thomas Edward Bacigalupo and David Barbari. No other information, including age or where they were from, was included in the indictment, and Houston County District Attorney Kelly Burke did not release any other information about them Wednesday. The death of Barbari in April 2003 led to the first murder indictment, issued in Wayne County. Burke said Wednesday he hoped that the DA's offices in both counties would be able to reach an agreement on which jurisdiction would prosecute the Barbari case. But if brought before a judge to settle the issue, Burke said he would argue that the unlawful prescribing of the medications - the underlying felony for the charges of felony murder - took place in Houston County. Felony murder is when someone dies in the commission of another felony crime. Green had not surrendered himself late Wednesday to Houston County authorities under the indictment for the new charges. Almand said he will work out a time with Burke in which Green will surrender. Almand said he would seek bond for Green, while Burke said he would oppose it. Green has been free on a $250,000 bond since charges against him were filed last year in Wayne County. His state license to practice medicine was revoked three days after his arrest last August on the Wayne County charge. Sgt. Wayne Franklin, the lead Houston County sheriff's investigator on the case, could not be reached for comment Wednesday. Franklin's investigation spanned three years. - --- MAP posted-by: Richard Lake