Aug 25, 2008
By: Becky Purser
The Telegraph - macon.com (GA)

Jurors appeared Wednesday to be close to reaching a verdict in the trial of suspended Perry physician Spurgeon Green Jr., accused of wrongfully prescribing medications that led to the deaths of more than a dozen patients. Also on trial in federal court in Macon with Green are physician’s assistant Dorothy Mack and pharmacist Jack Joseph. The three are accused of distributing medications “not for legitimate medical purpose and outside the usual course of professional practice” from January 2000 to July 2003. The jury, which reported to the court Wednesday that a consensus had been reached on all but seven charges, chose to start fresh this morning rather than render a partial verdict. The original 118-count indictment has been narrowed to 89 counts. Eighty-eight counts are drug-related and now before the jury. The final count on forfeiture of property belonging to Green and derived from the alleged illegal drug distribution is expected to be ruled on by the judge if Green is found guilty. It is not known on which of the charges the jurors were in agreement. U.S. District Judge C. Ashley Royal gave jurors the option Wednesday of returning a partial verdict on the 81 counts – indicating that he would then declare a mistrial on the remaining seven counts – or jurors could continue deliberations. The jury foreman had indicated to the court that it would be fruitless to continue deliberations on the seven counts. But when given the option of a partial verdict from the bench and later given the judge’s written instructions, jurors were asked to discuss the option behind closed doors. Jurors then sent a note to the judge saying they wanted to attempt to reach agreement on the remaining counts and asked if they could resume this morning. Beforehand, anticipation of a partial verdict built in the courtroom Wednesday afternoon, with Mack calling her husband and mother to the courtroom. Joseph also called his wife, who arrived with three of their children and was joined by a former employee of Joseph’s when he operated Jack’s Discount Pharmacy near Green’s office. The two Houston County sheriff’s investigators who conducted the undercover investigation of Green also were present, as was as a federal Drug Enforcement Agency representative who testified during the trial. The courtroom filled with courtroom personnel and other spectators when news circulated through the building that the jury might render a verdict. Green is accused of wrongfully distributing medications that led to seven patient deaths, Joseph is accused of distributing drugs that led to four of those deaths and Mack is accused of distributing drugs that led to three patient deaths. Green is also charged with distributing drugs that led to serious bodily injury to six other patients, who died. Mack was implicated in two of the serious bodily injury charges. Fourteen patients under Green’s care died during a period of one year and four months, the government charged. The final patient death was related to the general conspiracy and not included in the death or serious bodily injury charges, the prosecution said. To contact staff writer Becky Purser, call 923-3109, extension 243.

http://www.macon.com/210/story/516439.html