Judge ponders validity of charges in Tampa pill mill case

TAMPA A judge hasn't decided whether to drop charges against those involved in what police said was one of the city's largest pill mills. But if she doesn't, she'll give the defense an extra chance to challenge the prosecution case and witnesses.

Circuit Judge Ashley B. Moody gave both sides time to submit written summaries of their positions before she rules, promising a written order by Aug. 8.

Her decision came after hearing two hours of arguments today, the third such hearing she has held on the issue.

Jorge M. Gonzalez-Betancourt and his wife, Michele Gonzalez, owners of 1st Medical Group, 2314 N. Dale Mabry Highway; and clinic doctor Kimberly Daffern and two other employees face a myriad of drug charges stemming from the prescribing of oxycodone.

The defense maintains the 180-page charging document, called an information, doesn't allege Daffern was acting in bad faith or outside acceptable medical practice when she wrote the prescriptions.

"She is lawfully entitled to write prescriptions for controlled substances," said Chip Purcell, her attorney. "What they don't like is the way she's doing it."

Prosecutors said they not only followed state laws to the letter, the charges give the date of the illegal prescription, the amount prescribed and who got it.

"Our information does exactly what it is supposed to do," said Michael Schmid, an assistant statewide prosecutor.

Gonzalez, his wife, Daffern and the other employees have been charged with 67 counts of drug trafficking; 11 counts of conspiracy to traffic in drugs and two counts of racketeering.

Police said in a seven-month period last year, the clinic wrote prescriptions for 2.4 million tablets of oxycodone, Xanax and Soma for 4,5000 customers from 30 states. Police said patients paid $300 before seeing a doctor.

When police raided the clinic in July they found stacks of cash in luggage in the couple's home, in a backpack, and in a plastic bag in the trunk of a vehicle.

Police seized the more than $225,000. But Gonzalez-Betancourt sued to get it back. Circuit Judge Robert Foster agreed in August, saying the state failed to show enough probable cause that the clinic was involved in illegal activities; a ruling an appeals court declined to overturn.

Schmid said the case has changed drastically since then; that two doctors reviewed 369 case files and collected more information from three additional confidential informants and two others they maintain were involved.

Moody said if she doesn't dismiss the charges she will grant the defense an adversary preliminary hearing – a procedure traditionally used to determine if defendants should be released on bail. The defendants have been free on bonds ranging from $150,250 to $3,000.

It will give defense lawyers an extra chance to question state witnesses and a better glimpse at the prosecution's case.

tbrennan@tampatrib.com (813) 259-7698