Investigators Search Home, Office Of Doctor In Court For Medical Marijuana Case

[bobandtorey]

The case of a Loveland doctor accused of writing a bad medical-marijuana recommendation to an undercover detective took some unusual turns recently.

The home and office of Dr. Dallas Williams, 75, were searched while he appeared at a routine court appearance, and his attorney was turned against him two weeks before a jury trial was scheduled to begin July 23.

Williams was arrested in March 2012 following a visit from a North Metro Drug Task Force detective who posed as a patient. After complaining of stiffness from an old sports injury, he was given the required doctor’s recommendation to obtain a medical-marijuana license. He has pleaded not guilty to a felony count of attempting to influence a public servant. If convicted, he could get to two to six years in prison.

While Williams was at a court appearance related to the charge, Larimer County Sheriff’s Office investigators served warrants at the doctor’s home and business. The search was related to type-written notes that had been added to medical charts that were re-submitted by defense attorney Rob Corry after he took the case from previous attorneys. Prosecutors with the Larimer said the results could warrant further charges related to tampering with evidence.

Investigators took typewriting equipment and patient records unrelated to the case, as well as attorney-client-privileged communications related directly to the case, Corry wrote in a filing in the case.

To explain the typewritten medical-chart additions, a filing by Corry states that it’s common for doctors to dictate into an audio recorder immediately after an appointment and later update the file with transcriptions.

“The chart itself indicates a note to this effect,” according to Corry.

It’s unclear in the court files what specifically was added to the medical charts.

In the filing, Corry called the seizure of records a “retaliation for Dr. Williams (asserting) his innocence” and an “outrageous” effort to damage his medical practice and standing with patients.

 

 

Regarding the surprise search during the court hearing, Scott Robinson, Denver defense lawyer and 9News legal analyst, said it’s “odd” but well within the bounds of the law.

“That the officers are searching the workplace and home of an individual who is right there in court, it certainly saves their search from coming under his prying eyes,” Robinson said.

The warrants were served at Williams Cosmetic Surgery Center on 1952 Blue Mesa Court in Loveland as well as Williams’ home on the 2100 block of Country Club Parkway in Milliken. As of Tuesday, there had been no additional criminal charges added against Williams in 8th Judicial Court District.

Prosecutors also said they plan to call Corry as a witness “in chief in support of the existing charge against” Williams, according to his court file. Because of the conflict of interest this creates, Williams is now represented by Denver lawyer John Martin.

Robinson said it’s “highly unusual” for an attorney to be called as a witness against a client after representing the person in the same case.

“It’s very uncomfortable,” Robinson said. “It’s going to be a very difficult line to walk for Rob Corry and a generally unpleasant experience for him.”

Williams’ license to practice medicine remains active, according to the Colorado Department of Regulatory Agencies. In 2008, he received a letter of reprimand after improperly authorizing someone who wasn’t a doctor to practice laser hair removal and other cosmetic services, according to the DORA website.

The charges were filed before Colorado legalized adult possession of marijuana, but Robinson said that’s not the issue here.

“He’s not accused of smoking marijuana. He’s accused of taking part in a conspiracy to defraud the law,” Robinson said. “So that’s a big deal.”

Williams is now scheduled for a five-day jury trial starting Dec. 2.

Corry did not respond to requests for comment on this article. A gag order was imposed following media coverage early in the case.

 

http://www.coloradoan.com/article/20130813/NEWS01/308130036/Investigators-search-home-office-doctor-court-medical-marijuana-case?nclick_check=1

[greenleaf]

Seems like there is no way this would stick.  However, in a world of governmental immunity, anything bad for the citizen is possible.