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Archive for Wednesday, January 23, 2002

s confession admissible, magistrate says

January 23, 2002

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— A federal magistrate recommended Tuesday that the confession of a pharmacist accused of diluting chemotherapy drugs for profit should be allowed at his trial.

The ruling is a recommendation which now goes to a federal judge for a final decision.

Attorneys for Robert R. Courtney had argued that he confessed because he thought he was negotiating a plea agreement. Such a confession would not be admissible at trial.

But on Tuesday, U.S. Magistrate Robert E. Larsen flatly rejected the idea that Courtney thought he was negotiating a plea agreement when he confessed.

"The evidence is undisputed that no specific plea offer was made," Larsen wrote.

He added that Courtney's attorney "was told on multiple occasions that the government was not interested in negotiating a plea at this stage of the case. The government wanted a fully-admissible confession from Courtney."

Courtney, 49, faces 20 federal charges of diluting, adulterating and misbranding chemotherapy drugs.

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