Dr. Jesse Haggard was permitted to keep his chosen legal representation in the Applied Pharmacy steroid case after the federal government failed in their attempts to have his attorneys removed from the case. United States Magistrate Judge Sonja Bivins rejected the prosecutors attempt to disqualify David York and Christ Coumanis after the attorneys exposed government deception in court documents. Prosecutors failed to prove that David York participated “personally and substantially” in the Applied Pharmacy investigation as a former U.S. Attorney between 2001 and 2006; government prosecutors decided against producing the documents they said supported their motion to disqualify at a court hearing on the matter.
The federal government is unhappy with Dr. Jesse Haggard’s selection of defense counsel in the Applied Pharmacy steroid case. The United States Attorney Office filed a motion with the court to disqualify David York and Chris Coumanis of Coumanis & York based on an alleged potential conflict of interest.
David York brings considerable trial experience to the legal defense of Dr. Jesse Haggard. York was the U.S. Attorney for the Southern District of Alabama for five years; he returned to private practice in 2006.
York was also the former boss for Assistant U.S. Attorney Donna Dobbins, the government’s lead attorney in the Applied Pharmacy Services case. The government argues that the unhappiness with Haggard’s legal team is not the consequence of a personal political rivalry but an issue of ethics.
Dr. Jesse Haggard is quickly becoming a martyr to the cause of medical steroids. There is no better example of the excesses of the modern day steroid witch-hunt than the federal government’s prosecution of the Arizona naturopathic physician.
Dr. Haggard is being prosecuted by the federal government for allegedly prescribing anabolic steroids “outside the usual course of professional practice” and “not for legitimate medical purposes”. Yet Dr. Haggard not only met the standard of care but often established the medical standard of care with off-label prescribing of anabolic steroids supported by scientific and clinical evidence.
In a recent communication, Dr. Haggard warned healthcare practitioners that evidence-based prescribing of anabolic steroids can not be advised in the present-day climate of steroid hysteria. Haggard advocates steroid law reform as the solution that will allow medical practitioners to prescribe anabolic steroids more freely, and without restraint, in appropriate medical conditions Read more
United States Magistrate Judge David Baker refused to release Dr. Jesse Haggard at a detention hearing at the U.S. Courthouse in Orlando. Dr. Haggard has been detained without bail as a flight risk pending his transfer to Mobile, Alabama sometime in the next 10-14 days. Federal prosecutors argued that Haggard knew he was under federal investigation at the time he moved to Costa Rica and that Haggard knew he should have surrendered based on postings on his personal blog and legal documents he signed before he left. Magistrate Judge Baker was not influenced by defense arguments that Haggard voluntarily surrendered and therefore was not a flight risk.
The blockbuster revelation during court proceedings on Wednesday was that local news media to actively assisted the federal government in their investigation of Dr. Jesse Haggard and Revolution Medical Center. A source with knowledge of the court proceedings indicated that the government worked with television crews in Phoenix to conduct an undercover investigation to gather evidence against Haggard.
The television news station was not identified. Suggestions that the federal government has paid news organizations to conduct their steroid witch-hunt are highly disturbing.
Dr. Jesse Haggard will appear today before United States Magistrate Judge David Baker in U.S. District Court for the Middle District of Florida in his first court appearance since voluntarily surrendering to federal authorities on Friday. Haggard will be represented by federal public defender Clarence W. Counts, Jr.
Dr. Haggard had been living in Costa Rica for over a year preparing a scientific defense to support the therapeutic use of anabolic steroids during the course of his medical practice. The naturopathic physician moved to Costa Rica with his family to escape the hysteria perpetuated by the local media. Haggard was harrassed and practically stalked by ABC15 “investigative journalist” Josh Bernstein in a sensationalistic tabloid-style witch-hunt. Haggard wrote and published the book “Demystifying Steroids“, a patient and practictioner guide to anabolic steroid therapy, while in Costa Rica.
Although Haggard has been called a fugitive by federal prosecutors, this may not be entirely accurate. Haggard had travelled and resided in Costa Rica for approximately eight months prior to being indicted on federal steroid charges. Furthermore, Dr. Haggard or Timothy Holt (Haggard’s legal representation at the time) were never served or shown a warrant for his arrest. Apparently, the government only shared the warrant with ABC15’s Josh Bernstein.
Dr. Jesse Haggard, the former clinical director of Revolution Medical Centers, will voluntarily surrender to federal agents in Florida on Friday, October 2, 2009. Haggard will be taken into custody at the Orlando International Airport and transported to Alabama where he faces steroid distribution charges.
Dr. Haggard was indicted as part of the Applied Pharmacy Services criminal investigation announced in January 2009. The government has accused Haggard of prescribing anabolic steroids “outside the usual course of professional practice” and “not for legitimate medical purposes”. However, unlike other doctors similarly prosecuted, Haggard had an indisputable doctor-patient relationship with all of his patients that included comprehensive laboratory testing; Haggard never prescribed anabolic steroids over the internet or to any patients not evaluated during an in-person medical examination.
Dr. Jesse Haggard, former clinical director of Revolution Medical Centers, has become a federal fugitive after being indicted by prosecutors in the Applied Pharmacy Services steroid investigation. Dr. Haggard unapologetically condemned the United States government’s witch-hunt against him and defended the therapeutic use of anabolic steroids during the course of his medical practice in his recently published book “Demystifying Steroids“. Dr. Jesse Haggard told a local news station that he wrote the book as “a way to ensure my message to the public was not distorted.”
Timothy Holt, the attorney for Dr. Haggard, accused the United States Attorney’s Office in Mobile of political grandstanding while defending his client’s prescribing of anabolic steroids for legitimate medical purposes Read more
A long-anticipated federal indictment against Applied Pharmacy Services (APS) on charges of conspiracy and distribution of anabolic steroids was unsealed by the United States Attorney’s Office for the Southern District of Alabama in Mobile. The massive 198-count federal indictment identifies twelve individuals as part of the Applied Pharmacy Services steroid distribution network including pharmacy owners and pharmacists, and doctors and businessmen who profited from customer referrals to APS. Six co-conspirators in the APS steroid distribution network were previously indicted in separate cases (”Pharmacy owners, others are charged in steroids case,” January 22).
“Each of the pharmacy owners and pharmacists named in the indictment are charged with prescribing and selling veterinary steroids, approved for cattle and livestock only, to humans,” U.S. Attorney Deborah Rhodes said in a prepared statement. “We will continue to work with the DEA, the IRS Criminal Investigation Division and the Alabama Board of Pharmacy to ensure that medical professionals who abuse their position of trust are held accountable.”
The United States Attorney’s Office in Mobile showed a considerable penchant for political grandstanding against steroids in the APS indictment. U.S. Attorney Deborah Rhodes and Assistant U.S. Attorneys Donna Dobbins and Maria Murphy felt compelled to use inflammatory language in the indictment that was seemingly more reflective of personal anti-steroid bias than steroid law.
The prosecutors did not miss an opportunity to inject the label of “steroid user” to indicted individuals which served no other purpose than cheap attempts to further demonize the invididual; rather than restrict language such that it conformed to legally-defined crimes, prosecutors repeatedly identified defendants as “steroid dealers.” Read more
