Doctor wants new trial in compound pharmacy fraud scheme
HATTIESBURG, Miss. (AP) - A Mississippi doctor convicted in a multi-million-dollar compound pharmacy fraud scheme has filed for a new trial, citing implied juror bias and other things.
WDAM-TV reports attorneys for Albert Diaz, M.D. filed the motion Tuesday after he was found guilty on all 16 charges in a federal indictment in a scheme to defraud TRICARE. The motion says the jury's implied bias deprived Diaz of a fair trial. Juror 1 told the court she believed Dr. Diaz and his supporters were stalking or harassing her, leading to her dismissal.
The document says the remainder of the jury didn't follow the court's instructions but rather engaged in "self-help." The motion also says there isn't enough evidence to support the numerous counts of conviction. Diaz is currently scheduled to be sentenced in May.
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