Updated at 10:05 p.m., Thursday, June 7, 2007
Charges against doctor based on 'perception,' attorney says
By Rod Ohira
Advertiser Staff Writer
Attorney Michael Green said Dr. Harold C. Spear III did not violate Title 21, United States code, sections 841 (a) (1) and (b) (1) (C), because "there is no criminal statute that defines what constitutes legitimate medical purpose."
There is no definition that says Spear could not prescribe drugs after conducting examinations by telephone, Green said.
"The criminal complaint (against Spear) doesn't say what facts constitute the crime," Green said. "It's a perception. (Federal prosecutors) are saying he's doing it for the money ... but (Dr. Spear) has been trying to manage pain for his patient for over 20 years."
Spear is free on a $50,000 signature bond but to gain his release the doctor gave up his license to prescribe drugs, Green said. Spear's next court appearance is June 25 but Green expects his client will be indicted before then.
Green said the trial verdict will basically boil down to the testimony of experts presented by both sides and whom the jury believes. At stake is a maximum 20-year prison sentence.
