Internet pharmacy trial begins Tuesday

Pharmacist Jerry L. Lovern, 68, and computer technician Robert J. Barron, 37, both of Wichita, were charged in a federal indictment on April 4 with one count of conspiracy and three counts of unlawfully distributing controlled substances. They remain the only defendants in that case to face trial.

The owner of Red Mesa Pharmacy, Wilbur D. Hilst, 76, of Wewoka, Okla., pleaded guilty in December to the conspiracy count and agreed to forfeiture of about $20,000 seized from a bank account in exchange for reduced charges. His sentencing is March 7.

The government dismissed charges against his 77-year-old wife, Margaret Anne.

Defense attorney Lee Thompson, who represents Lovern, declined to comment on the case so close to trial. But in the past he has said that his client had nothing to do with the organization or operation of Red Mesa Pharmacy.

U.S. District Judge Wesley Brown denied motions by attorneys to dismiss the charges.

In court filings, Thompson also argued that the medical community hasn t established nationwide standards for filling prescriptions received via an Internet pharmacy, making the statute so vague that it leaves the public uncertain as to what conduct is prohibited.

Timothy J. Henry, the defense attorney representing Barron, didn t immediately return a call for comment. Henry said in court documents that Barron was only an hourly employee who worked as a computer technician and who did not share in the profits alleged in the government s conspiracy case.

Henry also argued that Barron neither dispensed, distributed or conspired to do anything other than what his employer required of him in a pharmacy that appeared to be operating in compliance with regulations.

But in a rambling e-mail to the judge, Barron criticized how his lawyer was handling his case, saying Henry laughed at him when he said God would protect him because he was innocent.

He basically said I m going to jail and it be better I commited (sic) a crime cause in fed court they always win, Barron wrote.

Brown denied his request for a new attorney.

Prosecutors contend doctors who approved the prescriptions did not physically examine the buyers nor have any communications with them. All contact was on the Internet through online businesses and their Web sites.

According to the indictment, several physicians outside of Kansas would authorize the order for those people who filed an online medical questionnaire set up by Integra Rx and Safe Trust Processing.

Customers would pay Integra Rx and Safe Trust Processing via the Internet, and these companies in turn would pay Wilbur Hilst and Red Mesa Pharmacy $7 for each order filled, plus the cost of the controlled substances obtained from a wholesale distributor, the government contended.

Prosecutors alleged that about 9,256 orders were distributed in this manner by Red Mesa Pharmacy between Dec. 5, 2005, and March 22, 2006.

The prescription drugs specifically cited in the charges included Ambien, a controlled drug used for insomnia; and phentermine, a stimulant that is sometimes contained in prescription drugs used for weight loss.

Strait pharmacy 2005,17 (6)), professional pharmacy on Vocational Education Reform (Health vocational education 2006,24 (8)), Pharmacy basis for HS (People s Health Publishing 2002), Pharmacy basis of learning guide for HS (People s Health Publishing 2004), oral ulcer membrane research, (the Fujian Provincial Health Office of the medical and health science and technology achievements second prize), meloxicam - the

Preparation (2004 Pharmacy Fujian pharmacy will be academic conferences excellent essays second prize).

Xiao-Lan Lin: Senior Lecturer, Department of Pharmacy is now deputy head of the provisional. 1999 Fujian Province secondary vocational schools outstanding young teachers. Published papers: flocculant PAMC cephalosporin C in the broth pretreatment of (China antibiotics magazine 1990, Vol 15,

Classroom Quality Education (Asia Education 2004), HR-756 Synthesis (2005 Modern Chinese medicine applications. Vol 22.No.8), the anticancer drug Taxol Progress (2005 Modern Chinese medicine Application . Vol 22.No.9).

Tangrongyao: Senior Lecturer, practising pharmacists. 2003 was named Provincial Health Department outstanding party workers. Is the interim head of the Registry. National planning materials People s Health Publishing House, based on natural medicine and supporting materials natural medicine-based learning guide

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