The government originally charged 13 defendants in a 2007, in an indictment in connection with the dispensing of prescription medications and diet drugs on the Internet through a series of websites under the company name of E.V.A Global, Inc.
Among the defendants in US v. Hernandez, et al., were physicians, pharmacists, a prescription drug wholesaler and software programmers, all whom were charged with conspiracy and trafficking in controlled substances.
The trial began in February of 2009.
Nine of defendants asserted at trial that their activities as doctors, pharmacists and software providers were lawful and approved by attorneys.
Two of the defendants, both programmers, pleaded out and agreed to testify for the prosecution.
The case took several unusual turns, including a government witness, a physician, testifying that he believed he had not committed a crime and had been coerced by federal prosecutors to testify.
In the end the judge found the conduct of the government to be so bad, he not only threw the case out against all defendants, but even refused to sentence the two people who had already pleaded guilty.
This is not the first high profile case the government has lost recently do to misconduct.
The case against former Senator Ted Stevens of Alaska was recently dropped by the government after it found prosecutorial misconduct. Laywers for the former Senator “called the case a sad story and a warning to everyone. Any citizen can be convicted if prosecutors are hell-bent on ignoring the Constitution and willing to present false evidence.”
In another recent high profile case, Helio Castoneves, the professional race car driver and dancing with the stars champ, was acquitted on tax evasion charges (no government misconduct involved in this one) after a six week trial.
Bottom line is there is a reason we have, as one of the basic principals of our legal system, innocent until proven guilty.
And sometimes the government is the one who is doing the dirty deeds.
