The judge in U.S. v. Hernandez (06-600027), a federal internet pharmacy trial in Florida (in its eighth week), has declared a mistrial, after numerous jurors admitted to doing their own internet research via their handheld phones during deliberations. The jury was leaning towards an acquittal.
This trial has certainly had its share of distractions. Only a few weeks prior to the mistrial, the judge dismissed four Defendants (Steve Marhee, Edgar Cruz, Thomas Walker and Everett Echols, M.D.) with prejudice after the prosecutor commented on their decision not to testify. These Defendants cannot be retried.
This case has had a number of favorable criminal defense rulings. For example, the Court sustained Defendant Amanda Hernandez’s Motion for Judgment of Acquittal after the Government’s evidence. In other words, the Court found that a reasonable trier of fact could not find that the government’s evidence established guilt beyond a reasonable doubt.
In U.S. v. Hernandez, which began with 21 Defendants (Frank Hernandez, Amanda Hernandez, C & H Wholesale, Lifeline Pharmacy, Inc., EZ Rx, LLC, Steve Marhee, Emmanuel Antonio, Lawrence D. Pinkoff, E.V.A. Global, Inc., Theophilos Antoniou, Tropic Spiral Systems, Inc., Paul Wiseberg, Howard Helfant, Rx Direct Pharmacy, Inc., Serge Francois, Concept Rx, Inc., Edgar Cruz, Thomas Walker, Everett Echols, M.D., Hannibal Edwards, M.D., and David Baron, M.D.), the government alleged that the Defendants conspired to distribute controlled and non-controlled substances via an Internet pharmacy without a valid prescription.
The content on this post does not constitute legal advice and is for informational purposes only. You should not act upon the information presented on this website without seeking the advice of legal counsel. Should you wish to speak to an experienced criminal defense lawyer knowledgeable in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me directly.
Tags: Internet Pharmacy Law, Trial, U.S. v. Hernandez