Mangino Sentencing: a Crime-less Conviction

Mangino Sentencing: a Crime-less Conviction; Christine Heberle; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2007-09-15. [Note: Re-titled 2007-09-16 without changing post slug.]

I have heard cases, seen charges, sat in on trials, but today I think I have seen one of the most egregious of them all. Dr William Mangino was sentenced today, 2007-09-14, in Newcastle PA.

A few people were there to speak on his behalf including my husband, Dr. Paul Heberle, Dr. Alex DeLuca, Attorney Michaelson (who also took the stand to give testimony about his decades long friendship and working relationship with Dr. Mangio), and Dr. Mangino himself.

The goal was to convince the judge that Dr. Mangino needed to be allowed to remain out on bond while he makes his appeals. We failed.

First let me say for those unfamiliar with the case that this is truly a crime-less conviction. He was charged with the typical state charges of prescribing outside the bounds of a responsible segment of the medical community. Now I know that is not what the statute says, but it is how the prosecution phrases it. The prosecutions expert witness (Dr. Evanko) said that Dr. Mangino’s prescribing was not excessive, and the charts reviewed were of chronic pain patients who needed care. In Dr. Evanko’s opinion it was only Dr. Mangino’s charting that put him on the wrong side of that elusive “responsible segment.”

Hmmm! This is the prosecution saying this. Interesting.

Dr. Forest Tenant also agreed that Dr. Mangino was not prescribing frivolously, that his dosages were on the lower side, and that he physically examined each patient.

So where is the crime? As Alex, Paul, Michaelson, Attorney Leslie, and myself listened to the prosecuting attorney and the defending attorney interact they each were clearly stating, and the transcript will show this: “Yes the jury convicted and there are major issues there (with the jurists who were coerced to find him guilty) and other major appeal able issues.” But no one spoke about any evidence that a crime was committed.

Nonetheless the judge denied Dr. Mangino’ s freedom and sentenced him with 8 1/2 to 20 years. They also fined him some $10,000 in “restitution” going to the only victim, apparently, identified by the government in the commission of this heinous offense. The “victim” in this case? A Medicaid HMO called Gateway Insurance. Gateway was awarded triple the damages for prescriptions filled unnecessarily. Another Hmmm! Where is the crime?

This case is obscene and the verdict and sentence absolutely insane.

I truly believe the defense team failed Dr. Mangino Not necessarily on cross exam, but on there defense strategy. They only had one witness testify (their expert) and then they closed. [See: Mangino II - Conviction] I believe this was a major error. I am not trying to bash his attorneys, both great guys who worked pro bono. I am not trying to bash Mary B. either who also helped for free. But the decision to stop because they knew their client was innocent and they knew the defense did not prove guilt to any degree gave them a false sense of security. I think that once they had that first day of Dr. Tennant’s defense expert testimony under their belt they should have kept hitting with facts and proof beyond any doubt that this man was innocent, but they didn’t.

Attorneys still believe that the burden of proof is on the prosecution, but as we have seen time and time again the defendant is presumed guilty. Wrong as this is, it appears to be the fact.

This is rock bottom. If you are a physician and you prescribe (not just C-II), but really anything controlled, you are doomed.

The walls of justice have truly crumbled.

– Christine

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