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Judge Won't Shield Drug-Case Doctor

The physician was reportedly taped offering
to sell a pot-growing kit to an undercover agent.

 

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Source: Sacramento Bee (CA)
Author: Claire Cooper -- Bee Legal Affairs Writer
Published: Friday, July 9, 2004
Copyright: 2004 The Sacramento Bee
Contact: [email protected]
Website: http://www.sacbee.com/

San Francisco -- A judge here refused on Thursday to block a threatened drug-dealing prosecution against Dr. Molly Fry, who recommended marijuana to patients at a clinic in Cool and may have sold them pot-growing kits.

"If somebody's innocent, they get vindicated at trial," U.S. District Judge William Alsup told Fry, who could be charged in federal court in Sacramento.

Fry asked for a temporary restraining order in San Francisco because Alsup four years ago issued an injunction barring federal drug authorities from harassing doctors who recommend pot to their patients under Proposition 215, California's medical marijuana initiative.

The injunction has been upheld on appeal.

But Alsup, clearly skeptical of Fry's claims of innocence, said it didn't bar the case against her.

"They were recommending it; they weren't supplying marijuana," he said, describing the doctors protected by his order.

Fry, who denies involvement with drug sales, also sought a contempt order against the government, saying it violated Alsup's injunction by framing her. She asked additionally that Alsup restore her federal registration to prescribe drugs, which was revoked by the U.S. Drug Enforcement Administration.

Alsup said she should appeal the license revocation within the DEA.

And, although he didn't foreclose the contempt claim, he gave Fry no encouragement it would succeed.

Defense lawyer Laurence Lichter offered declarations from Fry and her husband, attorney Dale Schafer, to show the government's charges were a sham.

But Alsup was wary. He said he doubted the government would lie about its evidence, which allegedly includes a tape recording of Fry offering to sell a pot-growing kit to an undercover agent.

He took the highly unusual step of telling both Fry and Schafer to consult two lawyers before making declarations under oath.

"People go to prison for a long time for committing perjury," he said.


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