Dr. Hocog’s trial in federal court begins

The jury trial of Dr. Larry Hocog in federal court started yesterday, on charges that he distributed a controlled substance from September to November 2007.

After the jury selection, U.S. District Court for the NMI Chief Judge Alex R. Munson gave instructions to the 14 jurors. The prosecution and defense began their opening arguments in the afternoon.

Assistant U.S. attorney Eric O’Malley said in his opening statement that this is case of a doctor who made “a deliberate decision to violate the federal law.”

O’Malley said the evidence will show that Dr. Hocog not only violated the law once, twice, but 90 times in the course of three months in 2007.

O’Malley said the drugs that the defendant unlawfully dispensed to outpatients are very powerful and dangerous.

The prosecutor said Hocog was not authorized by the Drug Enforcement Administration to dispense schedule 2 and 3 narcotics. He said they will show evidence that the doctor dispensed scheduled 2 narcotics.

Attorneys Michael Dotts and Ramon Quichocho are defending Hocog.

In his opening arguments, Dotts said the evidence would show that the doctor had encountered a problem before, resulting in the restrictions on his medical license.

Dotts said that in 2004 Hocog agreed to the restrictions on his license. Dotts said the 12-month restriction prohibited Hocog from prescribing a controlled substance to outpatients.

The lawyer said the doctor, however, is allowed to issue such prescriptions as long as he works with the Commonwealth Health Center and obtains the co-signature of another doctor.

Dotts said Hocog’s restriction was extended to December 2006. Dotts said that in 2007 Hocog knew he was not restricted, yet he still followed the restrictions in 2007.

“During September to November 2007 the evidence will show he did nothing,” the lawyer said.

Dotts said the evidence would show his client had complied with the restrictions, but that the U.S. government simply “jumped ahead.”

“He acted in good faith without intent of violating federal law,” Dotts pointed out.

After the opening arguments, the prosecution called their first witness—DEA Los Angeles diversion program manager Dr. Michael James Louis.

Louis is responsible for overseeing doctors, including those in the CNMI.

When Saipan Tribune left the courtroom, Louis was still explaining his job and the different scheduled narcotics.

Hocog was charged with one count of distribution of oxycodone hydrochloride and one count of distribution of meperidine.

O’Malley stated in the indictment that beginning on Sept. 4, 2007 and continuing until Nov. 30, 2007, the defendant, a medical doctor, dispensed oxycodone hydrochloride, a controlled substance.

O’Malley said the doctor distributed the controlled substance despite a restriction on his DEA controlled substance registration certificate and his CNMI license to practice medicine.

The prosecutor said that on Sept. 4, 2007 until Nov. 26, 2007, Hocog distributed a controlled substance, meperidine (commonly known as demerol).

O’Malley said the doctor dispensed the meperidine despite a restriction on his DEA controlled substance registration certificate and his CNMI license to practice medicine.