Pubdate: Fri, 17 Dec 2004
Source: Richmond Times-Dispatch (VA)
Copyright: 2004 Richmond Newspapers Inc.
Contact:  http://www.timesdispatch.com/
Details: http://www.mapinc.org/media/365
Author: Paul Bradley
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

PAIN DOCTOR'S TRIAL COMES TO A CLOSE

Jury Informs Judge That It Is Deadlocked On Final Three Counts

ALEXANDRIA - The trial of a prominent Northern Virginia doctor
convicted of fueling a black market in potent prescriptions drugs
ended yesterday when the jury was unable to reach a verdict on the
final three counts against him.

Dr. William E. Hurwitz, 59, was convicted Wednesday of 50 counts
contained in a 62-count drug-trafficking indictment against him and
faces a probable life prison term. He was acquitted of nine counts.

After deliberating for about an hour yesterday, the jury informed U.S.
District Judge Leonard D. Wexler that it was hopelessly deadlocked on
the three remaining counts.

Those counts were lodged in connection with Hurwitz's treatment of
patient Rennie Buras Sr., a Louisiana man who died in October 1999
after consuming drugs prescribed by the doctor. Wexler declared a
mistrial on those charges, bringing the trial to a close.

Defense lawyers had claimed that Buras was seriously ill when he was
treated by Hurwitz and died of causes other than a drug overdose.

Hurwitz, who was taken into custody after Wednesday's verdict, will be
sentenced early next year. Three of the convictions, under federal
sentencing guidelines, carry mandatory prison terms of 20 years to
life, prosecutors said.

However, a pending U.S. Supreme Court decision on the
constitutionality of the guidelines could have a bearing on the sentence.

The charges against Hurwitz stemmed from a two-year federal
investigation into doctors, pharmacists and patients who allegedly
marketed in potent prescription drugs - primarily OxyContin, a widely
abused and highly addictive painkiller. Abuse of the drug has reached
epidemic proportions in Southwest Virginia, Tennessee and Kentucky,
prosecutors said.

Testifying in his own defense, Hurwitz acknowledged prescribing
massive doses of painkillers to some patients, but said he did so for
sound medical reasons.

Wexler said defense lawyers have until Feb. 1 to file a notice of
appeal. The defense said it expects to do so.

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Dr. William E. Hurwitz, 59, was convicted Wednesday of 50 counts
contained in a 62-count drug-trafficking indictment against him and
faces a probable life prison term. He was acquitted of nine counts.

After deliberating for about an hour yesterday, the jury informed U.S.
District Judge Leonard D. Wexler that it was hopelessly deadlocked on
the three remaining counts.

Those counts were lodged in connection with Hurwitz's treatment of
patient Rennie Buras Sr., a Louisiana man who died in October 1999
after consuming drugs prescribed by the doctor. Wexler declared a
mistrial on those charges, bringing the trial to a close.

Defense lawyers had claimed that Buras was seriously ill when he was
treated by Hurwitz and died of causes other than a drug overdose.

Hurwitz, who was taken into custody after Wednesday's verdict, will be
sentenced early next year. Three of the convictions, under federal
sentencing guidelines, carry mandatory prison terms of 20 years to
life, prosecutors said.

However, a pending U.S. Supreme Court decision on the
constitutionality of the guidelines could have a bearing on the sentence.

The charges against Hurwitz stemmed from a two-year federal
investigation into doctors, pharmacists and patients who allegedly
marketed in potent prescription drugs - primarily OxyContin, a widely
abused and highly addictive painkiller. Abuse of the drug has reached
epidemic proportions in Southwest Virginia, Tennessee and Kentucky,
prosecutors said.

Testifying in his own defense, Hurwitz acknowledged prescribing
massive doses of painkillers to some patients, but said he did so for
sound medical reasons.

Wexler said defense lawyers have until Feb. 1 to file a notice of
appeal. The defense said it expects to do so.
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