Initial Analysis of Hurwitz Retrial Verdict

Initial Analysis of Hurwitz Retrial Verdict; Mary Baluss, Esq.; The Project for Pain and Chemical Dependency listServ; National Foundation for the Treatment of Pain; 2007-04-27; 7:04 PM. Obviously we wished he’d walked but when the jury finally came back just before 5pm, I believe it gave us reason to celebrate:

Not Guilty / Guilty on the following charges:

• Not guilty Re: Rennie Burras, the fisherman from NO who died. The serious bodily harm charge was dismissed but a conspiracy count remained.
• All other conspiracy charges, dismissed.
• Not guilty on six of eight counts relating to Kevin Fuller, one of the serious ring leaders.
• Guilty on only one of the three counts related to Fuller’s common law wife, Cindy Horn.
• All counts (3) relating to Brent McCarter dismissed. A scumbag if ever there was.
• One of two counts relating to William Mullins. [?? ..alex...]
• Not guilty on either of the counts relating to Mary Nye, the woman whose “overdose” was this time clearly opened to reasonable doubt since her basic diagnois was hypokalemia. (Serious bodily harm charge already dismissed.)
• Not guilty relating to the prescription for Mullin’s wife Tammy, mother of the damned “addicted baby”.
• Not guilty Re: Kathy Shortridge who fell all over herself trying to testify against Billy.
• Not guilty Re: dealer/doctor shopper Peter Tyscowski.
• Not guilty Re: Patrick Snowden, whose mother’s testimony was full of venom and regarding whom the government trotted in two other witnesses who had seen him in “overdose” (actually withdrawal from Valium after an insurance problem led him to run out.).
• Dismissed regarding Robert Woodson, the most egregious dealer and star player on the government’s “who’s wearing the wire” show. (Four large counts).

Major guilty verdicts came as to Timmy Urbani, who as a government agent confessed to Billy that he “had sold” some pills to Rita Carlin (five counts). Guilty also as to Rita Carlin herself (three counts). Obviously the jury did not accept Billy’s explanation that he thought that the reference was to an earlier period and that his subsequent dose was a tapering approach. Also as to Timmy’s wife Mary. (The sad thing from Billy’s perspective is that he would have fired Timmy but felt that he would also have to fire Mary, whom he believed to be in very serious pain.) For Kevin Fuller, the jury apparently decided that enough was enough, it convicted as to two counts that came latest in his care, did not decide (dismissed) the earlier prescriptions.

After the verdicts the jury was excused briefly and the judge heard from attorneys on whether she should dismiss the remaining counts or bring the jury back. The government wanted to get actual verdicts on the big dealers not decided (McCarter, Part of Fuller, Woodson, and one of the T. Urbani counts) because they were “big dealers”. The judge said, for her very sharply, that’s not a reason. She told Rossi that a huge amount of time and money had gone into the trial, followed by seven days of serious deliberation by jurors who were feeling financial hardship. Nope. Rossi suggested reversible and we’d only have to do the trial again. She rejoined, “do your best” if I’m reversed and you really want to do this again, be my guest. She also clarified that she was dismissing the charges, not declaring a mistrial.(He only gets another shot if she’s reversed.) I promise you, Rossi looked near to tears.

The import of the not guilty verdicts, aside from the obvious, is the “weight”. The not-guilty/dismissed verdicts involved significantly more pills than those on which there were convictions–Billy really was tapering these low-lifes.

Sentencing July 13. We still have work to do and it’s time for y’all to be heard. In the next few weeks, write to the judge. Let her know how respected Billy is, how hard the two years have been and how helpless he is to do any further harm since his state medical license is suspended.

Further gloating. As it came to be time for the verdict the government’s side filled up with those who wanted to see the victory. Mark Lyttle, one of the prosecutors last time around. McNulty, now Justice Department’s #3 guy who climbed on the backs of Northern Virginia docs to get there.

And so it goes. Let’s take a deep breath, keep on working and watch this space. Don’t forget to write and thank the lawyers. They know they’ve done well, but it never hurts to hear it again. And from me, many thanks to those who provided so much help during the trial. It was used. — MB

Mary Baluss, Esq. The Pain Law Initiative

And THANK YOU! to Mary Baluss for taking the time and making the effort to keep us all coherently and accurately up to date. Great work, Mary. –..alex…

[ADDENDUM - 2007-04-28; 12:37AM] Mary posted Comments #3 and #4 on TierneyLab providing more of the feeling tone in the Courtroom, and more detail on the Judge denying Rossi’s requests, and on his (almost tearful) reaction:

“At this point, the judge stepped down and Rossi turned back to the court room. His face wanted to cry. The courtroom was full of the prosecutors from the first case. Even Paul McNulty, now beleaguered #3 at DOJ was there. There was no rejoicing in Mudville. Not total defeat, but not the expected or at least hoped for end.”

[END]