Friday 07, Jan 2011
Steroid case against Floridan pharmacy dismissed
A state judge has dismissed a criminal case against the operators of a pharmacy in Florida, in a sharp rebuke of the Albany County district attorney, at the center of a national steroid scandal that implicated major sports figures.
The judge, Stephen Herrick of Albany County Court, noted in dismissing the case that the company (Signature Pharmacy) operators, were pursuing a civil lawsuit against the district attorney, P. David Soares, in which they accused him and his office of committing federal civil rights violations stemming from the criminal case.
From Nytimes.com:
Judge Herrick said that in light of the civil lawsuit brought by the pharmacy’s operators, Mr. Soares and his office had a professional and financial stake in the outcome of the criminal case against the operators.
“In the present matter, the court has found a conflict of interest sufficient to warrant dismissal of the indictment,” the judge wrote in the six-page decision. “Likewise, the court finds that this demonstrated conflict of interest warrants the disqualification of the Albany County district attorney’s office from further prosecution of this matter.”
The district attorney’s office condemned the judge’s decision, saying it established a dangerous precedent that undermined the legal system.
“Judge Herrick’s decision is a get-out-of-jail-free card for every criminal defendant in New York State,” said Heather Orth, a spokeswoman for Mr. Soares. “His message to defendants is, ‘If your D.A. is being too tough on you, sue him, and you can get a new one.’ ”
Mr. Soares’s statewide profile has grown as a result of his investigations of top New York public officials, most recently on the question of whether to prosecute Gov. David A. Paterson on perjury charges.
It is worth noting here that Mr. Soares had said that Signature Pharmacy was at the center of a nationwide ring of shady Web sites and unethical doctors who had made steroids and other controlled substances easy to obtain over the Internet.
Tags: controlled substances, steroid scandal, steroids
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