In July 15 Issue
An order dismissing the charges against Eric Grider was filed this week.
A mistrial had been declared in the first day of his trial on May 12th. In the dismissal the judge expounds on the issues that he'd given for the mistrial.
Franklin Circuit Judge Phillip Shepherd wrote that it was only days before the trial that the prosecution had disclosed information relating to the initial complaint.
According to the judge's order, the pharmacist had filed the complaint, Barry Lawson, "-in order to avoid being accused of misconduct."
He goes on to say that a report turned over to the defense 3 days before the trial was scheduled conflicted with the billing data presented by the prosecution.
Judge Shepherd takes two pages in his decision to outline his disapproval of the Board of Pharmacy's obfuscations relating to the complaining pharmacist and his drug addiction, tests after rehab, and other information that had been sought by the defense for several years.
"The conscious failure of the BOP to document serious allegations involving pharmacists, could be construed in the context of this case to be an intentional effort to hide the involvement of a crucial witness who had ulterior motives for pursuing a complaint against the defendant, and who has received extremely favorable treatment from the government…" Shepherd wrote.
He also notes that Kentucky State Police Detective Scott Hammond was aware of the complaining pharmacist's drug issues and made no note of it in the interview records.
The judge also took issue with the particulars of the Medicare fraud charges proffered by the Attorney General's Office against Eric Grider.
"The government alleges that the defendant billed the Medicaid program for a different drug than the drug dispensed to the customer," the judge wrote. "The government has conceded that the drug received by the customer was medically appropriate, but claims that the fraud resulted from billing the Medicaid program for something else, even though the drug billed to Medicaid was often cheaper than the drug dispensed. Thus the government has charged fraud in numerous instances in which the actions of the defendant, by the government's own admission, saved the taxpayers' money."
Though he does not site it as a cause in the closing Shepherd also notes that he is unsure that the allegations should be charged as felonies'
"-it appears that the Indictment may reasonably be construed to charge dozens, perhaps even hundreds, of misdemeanors (which are barred by the statute of limitations) rather than 3 felonies," Shepherd added.
The judge mentions the adverse effect the investigation and prosecution had on the Griders' business and the changing or vague nature of the charges, as it relates to the particular instances of violation, as being other considerations in ordering the immediate dismissal of the charges against Eric Grider.