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The Honolulu Advertiser
Posted on: Tuesday, April 3, 2007

Doctor pleads not guilty to prescription-drug deaths

By Ken Kobayashi
Advertiser Courts Writer

A Honolulu doctor will go on trial in November instead of this week because of new charges accusing him of illegally prescribing drugs that resulted in the deaths of two men.

Dr. Barry Odegaard pleaded not guilty to the charges through his attorney during a brief hearing yesterday morning before U.S. Magistrate Kevin Chang, who scheduled the trial for the week of Nov. 6.

Odegaard had been indicted last year on charges of issuing illegal prescriptions of oxycodone and Medicaid fraud following an investigation by Drug Enforcement Administration agents posing as patients.

The trial this week was to be on those charges, but a superseding indictment returned by the federal grand jury last week added the death-related counts.

Odegaard, who is free on bond, referred questions to his lawyer, Birney Bervar, who had earlier said federal prosecutors obtained the new indictment last week, years after the deaths and just before his client's trial to "scare" him into pleading guilty. Bervar said his client will vigorously contest the charges.

"He's saddened for the families (of the two men)," Bervar said yesterday after the hearing. "It's unfortunate these two men died. My client was trying to help them. He was trying to treat them. He was trying to make them better."

Bervar said the evidence will show his client is not responsible for the deaths of James Ledgerwood Jr. and Frank Dan.

Relatives of the two men also attended the hearing and later expressed relief that the new charges were filed.

Ledgerwood's widow, Julie Ledgerwood, said she was pleased with the new charges.

Dan's father, Richard, praised the U.S. attorney's office.

"I sit with 20 tons of weight on my shoulders every day from this grief. I feel like 10 tons have been lifted off," he said "God bless the United States of America for this."

Odegaard is accused of prescribing drugs outside the scope of his medical practice and for no legitimate medical purpose. He is charged with prescribing the painkiller oxycodone to Ledgerwood, a 38-year-old Hawai'i Kai man and a pastor who died in May 2003, three days after he got the prescription.

The doctor also is charged with prescribing methadone to Frank Dan, a 21-year-old University of Hawai'i-Manoa student who died the day after he got his prescription in July 2004.

The federal charges are believed to be the first here accusing doctors of prescribing drugs that result in deaths. Each carries a sentence of 20 years to life in prison.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.