Pubdate: Wed, 08 Feb 2006
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2006 Sun-Sentinel Company
Contact:  http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Derek Simmonsen
Referenced: http://www.mapinc.org/drugnews/v02/n592/a11.html
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

JURY SELECTION STARTS IN LUYAO TRIAL

PORT ST. LUCIE -- In December 2001, detectives concerned over 
painkiller prescriptions first served a search warrant at the Port 
St. Lucie office of Dr. Asuncion Luyao.

Five years later, the question of whether Luyao, 64, ran a legitimate 
medical practice or a criminal one has yet to be decided. Jurors in 
her first trial took a week -- likely a county record -- debating the 
charges against her without reaching a consensus, resulting in a mistrial.

Today, jury selection will begin in her retrial and a new group of 
people will have the opportunity to decide her fate. Attorneys on 
both sides declined to comment prior to trial, citing a gag order in 
the case, but the first trial presents a blueprint for some of the 
issues that will likely resurface the second time around. The retrial 
is expected to last three to four weeks.

The case

Dr. Asuncion Luyao faces six counts of manslaughter, six counts of 
trafficking in oxycodone and a single count of racketeering. 
Prosecutors say her medical practice was a criminal enterprise that 
flaunted the law and resulted in six patient overdose deaths in 20 months.

The trafficking charges come from an undercover agent who allegedly 
received painkillers without a physical exam, past medical records or 
diagnostic studies. Prosecutors also argue the racketeering charge, 
often used in Mafia cases, applies in the Luyao case because her 
medical office allegedly was a "criminal enterprise," where Medicare 
was billed for prescriptions in "bad faith" and she allegedly 
trafficked in non-legitimate prescriptions.

Luyao's defense counters she was a caring, but overworked, doctor who 
was manipulated by addicts desperate for drugs. In her first trial, 
the defense presented testimony from a medical examiner who thought 
natural causes were responsible for some of the patient deaths and 
pointed out that suicide could not be ruled out in two of the cases.

Many of the deceased patients also abused their medication or mixed 
it with other drugs against Luyao's instructions, the defense says, 
arguing her actions might not have been the best medical practice, 
but they were not criminal.

Luyao's first trial

Charges: 13 counts (racketeering, manslaughter and trafficking in oxycodone)

Trial length: 18 days

Jury deliberations: 5 days

Prosecution witnesses: 55

Defense witnesses: 3

Exhibits: More than 200

Chronology

Dec. 6, 2001 -- A search warrant is served at Dr. Asuncion Luyao's 
office after a six-month investigation reveals a "tremendous" amount 
of painkiller prescriptions being written.

March 26, 2002 -- Luyao is arrested on drug trafficking, racketeering 
and Medicaid fraud charges. The state Department of Health suspends 
her medical license, citing complaints that drugs she prescribed 
contributed to patient deaths.

April 4, 2002 -- Supporters pack a courtroom in support of Luyao 
during a bond-reduction hearing. Her bond is lowered, but remains 
above $1 million.

May 3, 2002 -- The Fourth District Court of Appeal rules Luyao's bond 
is too high and a judge drops the amount. Later that month she is 
freed on bond after 49 days in jail.

June 24, 2002 -- Luyao is arrested again on four counts of 
manslaughter in connection with the deaths of patients and freed again on bond.

July 24, 2002 -- Luyao settles a civil suit filed by the family of a 
deceased patient for $231,250. It is the second civil suit settled 
out of court.

Feb. 12, 2003 -- Two more charges of manslaughter are added against the doctor.

Sept. 20, 2004 -- Luyao's scheduled trial is delayed because of the hurricanes.

May 9, 2005 -- Jury selection begins in her first trial.

May 27, 2005 -- Deliberations begin after jurors heard testimony from 
more than 50 witnesses.

June 3, 2005 -- Mistrial declared after jurors can't agree on a 
verdict on any of the charges.

Feb. 7, 2006 -- Jury selection begins in the retrial.
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