Defense puts snag in 'Pill Doctor' trial

As reported in the Lowell Sun

A Superior Court judge will consider dismissing the case against former Lowell psychiatrist Dr. Michael Mavroidis -- charged with illegally writing prescriptions for drug addicts then billing Medicaid -- after his attorneys claimed Lowell police may have destroyed documents showing addicts were paid for information against the man known on the street as "The Pill Doctor."

In an 11th-hour motion that brought the Mavroidis' trial to a grinding halt Thursday, defense attorney Frank Reardon argued that prosecutors from the state Attorney General's Office may be guilty of "prosecutorial misconduct" for ignoring a 2003 court order to provide documents that show all payments to witnesses and those who were part of the two-year investigation.

Reardon suggested some of the documents may have been destroyed as part of "three-year rule" in which documents three years or older are shredded, but "I find it hard to believe they would destroy things in an ongoing investigation."

Reardon told Middlesex Superior Court udge Hiller Zobel that the documents are important so that he can impeach witnesses who may testify against Mavroidis at trial.

Assistant Attorney General John Clark told Judge Zobel, "We have no reason to believe that anything material in this case has been destroyed."

Lowell Police Captain William Taylor said Friday no documents have been destroyed.

"This is just a tactic the defense is trying to use, and that's OK," said Taylor. "We have all the documents and they will be given to the judge on Wednesday."

Clark explained that every year Lowell police spend "tens of thousands of dollars" usually in small bills for "drug intelligence." He said the money is spent on controlled drug buys and "gratuities" toward drug addicts who provide the police with information.

Two weeks ago Lowell police spoke to a new witness in the case who was given $40, Clark said. That information was provided to Reardon and sparked his inquiry.

Clark said he is not contesting the late disclosure, but noted "we could go forward without any of those witnesses. It does not go to the core of the Commonwealth's case."

But Zobel suspended the trial and ordered both sides to return next Wednesday Nov. 15 to provide a status on the documents.

"This may turn out to be absolutely nothing or something serious. It is not a frivolous motion," Zobel told the lawyers.

Investigators had alleged that Mavroidis had been supplying prescription narcotics and painkillers to street-level addicts for years. He is known to work with heroin addicts in Lowell who are taking methadone to treat their addiction, according to sources. On the street, Mavroidis was known as "Dr. Feel Good," or "The Pill Doctor," sources say.

Mavroidis, 58, of Campton, N.H., is on trial facing an initial 20 counts of a 66-count indictment for allegedly violating both the Medicaid False Claims Act and the Controlled Substance Act. Mavroidis was arrested in September 2001 after a two-year investigation after prosecutors accused him of writing medically unnecessary prescriptions for drugs such as Klonopin, Ativan, Xanax and OxyContin and then billing Medicaid for the costs. In one case, prosecutors allege Mavroidis used the drugs to extort oral sex from at least one patient.

Mavroidis, who owned the Lowell Psychiatric and Behavioral center at 817 Merrimack St. in Lowell, denies the allegations. Shortly after his arrest, the state Board of Registration of Medicine suspended his license and revoked his Drug Enforcement Administration number.