Feds drop 161 counts against Port Clinton doc, defense attorney argues against
TOLEDO, Ohio (WTVG) - A Federal judge granted a request by prosecutors Wednesday to drop more than half of the 252 drug charges a Port Clinton doctor is facing for allegedly prescribing opiates to patients improperly.
Dr. William Bauer was indicted in August of 2019, accused of distributing controlled substances and health care fraud.
In the court filing, prosecutors claimed the charges they were dropping were irrelevant or unnecessary. However, they asked the judge to dismiss them without prejudice, meaning the charges could be brought against Dr. Bauer in the future.
But Dr. Bauer’s attorney questioned the move as a tactic for a second trial.
“By seeking to dismiss 161 of the currently pending charges without prejudice, the Government seeks to hold those charges in reserve to be used against Defendant for a second assault, after it loses the first,” defense attorney John GIbbon said in his response to amendment. “It comes only after Defendant was required to furnish detailed summaries of the testimony of its expert witnesses laying bare the wild and unfounded conclusions of the Government’s own expert, whose puerile and unscientific opinions provided the sole basis for the Grand Jury’s indictment.”
The defense asked the judge to either dismiss the charges with prejudice, or go to court with all charges intact. The judge approved the prosecution’s request instead.
Prior to his indictment, Dr. Bauer reached out to 13abc to discuss what he felt were heavy-handed restrictions on pain medication that end up causing more suffering in patients that are experiencing real pain.
The trial is scheduled to begin July 6.
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