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Jurors return mixed verdict in Spurgeon Green trial

Suspended Perry doctor Spurgeon Green Jr. was found guilty today of wrongfully prescribing medications that led to the serious bodily injury of a patient who died while under his care.

Green, 70, faces 20 years to life in prison on the serious bodily injury conviction. Sentencing is expected in about 60 days.

Green, physician's assistant Dorothy Mack and pharmacist Jack Joseph were all on trial in federal court in Macon accused of distributing drugs "not for legitimate medical purpose and outside the usual course of professional practice" from January 2000 to July 2003.

After deliberating for several days, jurors found Green and Joseph guilty of the general conspiracy but were unable to reach a verdict on Mack on the general conspiracy charge.

Jurors also acquitted Green of wrongfully distributing medications that led to the death of six patients and found him not guilty of wrongfully distributing medications that led to serious bodily injury to five other patients, who also died. The jury was unable to reach a verdict on Green in the seventh death charge.

Joseph was acquitted of wrongfully distributing medications that led to four of those patient deaths. Mack was found not guilty of wrongfully distributing medications that led to the death of three of the patients and acquitted of wrongfully distributing drugs that led to serious bodily injury of two of the patients.

However, Green and Mack were convicted of 32 counts of wrongfully distributing drugs when Green post-dated prescriptions for drugs and Mack gave the prescriptions to patients while the doctor was out of town.

Also, although jurors found Joseph guilty of the general conspiracy, they were unable to reach a verdict on counts alleging that Joseph wrongfully distributed three specific types of drugs: Oxycodone, Hydrocodone and Alprazolam.Jurors were also unable to reach verdicts on whether Green operated his medical practice and Joseph his Perry pharmacy for the purpose of wrongfully distributing drugs.

Green was also found guilty of 12 other counts of wrongfully prescribing medications and not guilty of 25 counts of wrongfully prescribing medications.

The seven-week trial included numerous witnesses and a wealth of evidence. U.S. District Court Judge C. Ashley Royal complimented jurors on their thorough review of the case.

Green and Joseph were taken into custody after the 29-page verdict was read in court. Mack was given until next Friday to report to authorities.

For more on this story, read Friday's Telegraph.

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