Skip to comments.Error leads to mistrial for doctor, Bloomfield physician accused of illegal prescriptions
Posted on 08/21/2007 2:30:54 PM PDT by Coleus
Federal prosecutors had what looked like a solid case against Joan Jaszczult, a Bloomfield doctor accused of writing Oxycontin and Percocet prescriptions for a ring that resold the drugs on the streets for huge profits. They had secret recordings by informants and undercover agents, a line of alleged co-conspirators waiting to testify against her, and even an eye-popping motive: she needed the cash, they said, to help pay $100,000 in plastic surgery bills.
But four days after the trial opened, prosecutors suffered a devastating setback. The presiding judge, U.S. District Judge Stanley Chesler, ruled the government had improperly introduced a co-defendant's statement implicating Jaszczult. He ruled it violated the doctor's Sixth Amendment rights to confront her accusers -- and granted a mistrial. The unusual turn of events jarred the prosecution, elated the defense and put in limbo a case that dates to 2005. Both sides will be back in court next week to pick a new jury, but Jaszczult's attorneys were clearly thrilled to get a glimpse at the government's strategy.
"The government brought out testimony that was clearly a violation of the law and the judge confirmed that," said Edward Bilinkas, Jaszczult's lead attorney. "For four days, we've had a bird's-eye view at the government's case and now are even more confident that at any retrial the doctor will be vindicated." A spokesman for the U.S. Attorney's Office declined to comment. The trial opened with promise for prosecutors, but there were signs of trouble at times as they made their case. The first secret recording they played of Jaszczult was long and ponderous and featured a paid informant pleading with Jaszczult to write him a prescription for Oxycontin, only to have her repeatedly rebuff him and warn him about the drug's dangerous addictive qualities.
(Excerpt) Read more at nj.com ...
“Jaszczult” My tongue hurtz from trying to pronounce thiz name!
It would appear that prosecution is not ready for Prime Time.
North Jersey Newspapers does it again - failing completely to write a story that would get a passing grade in a Journalism 101 class. We are left to wonder about the most important issue involved. The mistrial was declared because the government introduced statements by Joseph Bruzzi that help to establish the guilt of the defendant, but the defense is not able to cross examine Mr. Bruzzi. He is not available.
Where is he?
Not quite. Apparently Mr. Bruzzi is available. However, because he himself is a defendant, he cannot be compelled to testify or undergo cross-examination. From the article:
The defense, citing a 1968 U.S. Supreme Court ruling, argued that the statement violated Jaszczult's rights to cross-examine her accusers because Bruzzi, as a defendant, could not be compelled to take the stand.
Ah. I missed that. But NJN still stinks. :)
Ah. I missed that. But NJN still stinks. :)
Prosecution’s competence aside, the doctor wouldn’t profit from narcotics if we restored the right of adults to consume what they wish.
The people who abuse it are the ones who ruin it for everyone.I have to take five 7.5 hydrocodones a day plus four milligrams of xanax a day,when I should only have to take one oxycontin instead of the hydros.When I asked the Dr.why since he knows the hydros[short spelling] are worse for me in the long run,he said he does not want the extra scrutiny and paperwork that comes with it.He said he follows the VA guidelines so as not to cause any confusion.[Or investigation!]I have been on the same dose for seven years.No one has a clue as to what i take unless I tell them.One time release pill makes so much more sense than the volume of the others make too much sense.Figures.But,I am dealing with the VA.
It's easy - use the 'CZA' sound from Zaa Zaa Gabors' first names, and it's 'Zaa-zult', with the 'u' as it sounds in 'rule'.
A lot of the middle-european languages are severely lacking in vowels ...................... FRegards
I made all that shit up ... I've no idea if it's even pronounceable at all ...
“A lot of the middle-european languages are severely lacking in vowels ..........”
You’ve got that right! An old girlfriend of mine taught in Milwaukee’s south side Polish enclave. She had one kid who’s name was spelled “Trzybiatowski.”
The “trzyb” part is pronounced as “sheb!”