ALEXANDRIA, Va.(AP)
A pain-management doctor who prescribed large amounts of opiates
and drew patients from across the country to his northern Virginia
clinic has been convicted on 16 counts of drug trafficking by a
federal jury.
The jury acquitted William E. Hurwitz on 17 other counts on
Friday, and a judge dismissed 17 others, including the most serious
charge _ drug trafficking resulting in death.
It was the second time in three years that a federal jury
convicted Hurwitz of drug trafficking. His 2004 conviction _ and
25-year prison sentence _ was tossed out by a federal appeals
court, which ruled that a judge improperly barred the jury from
considering whether Hurwitz was acting in good faith.
Hurwitz faces up to 20 years on each count when he is sentenced
on July 13.
Prosecutors argued that Hurwitz was no better than a common drug
dealer who ignored obvious signs that his patients were dealers or
addicts.
"Drug traffickers come in all shapes and sizes _ this one
just happened to wear a white coat and be a doctor," U.S.
Attorney Chuck Rosenberg said in a statement issued after the
verdict.
Numerous patients had prescriptions for hundreds of pills a day,
and one had a prescription for 1,600 pills a day. Several of his
former patients testified against him, and prosecutors played tapes
of conversations in which Hurwitz seemed to know that his patients
were selling their prescriptions.
Defense lawyers argued that Hurwitz was one of a handful of
doctors in the country who was willing to risk persecution by
authorities and prescribe the doses necessary to alleviate patients
from crippling pain. Several of his former patients and their
family members testified on his behalf.
Hurwitz, whose high-profile advocacy of high-dose opioid
treatment once landed him on "60 Minutes," has been
scrutinized by authorities for decades, and has had his medical
license suspended twice, in 1991 and 1996.
Between 1998 and 2002, Hurwitz drew more than 400 patients from
39 states to his clinic in McLean. Prosecutors said the waiting
room was frequently occupied by stoned or sleeping patients with
track marks on their arms.
The case against Hurwitz was part of a long-running federal,
state and local investigation dubbed "Operation Cotton
Candy" that netted more than 130 convictions in Virginia and
elsewhere for drug trafficking and prescription fraud of Oxycontin
and other drugs.
Numerous physician and patient advocacy groups supported
Hurwitz, and said his case should be dealt with by state medical
boards rather than criminal courts. Hurwitz received extensive pro
bono legal assistance at his second trial.
Calls to Hurwitz's lead attorney, Richard Sauber, placed
late Friday were not immediately returned.
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.