Dewey C. MacKay, MD, a Utah orthopedic surgeon, has been granted a hearing to contest his recent conviction for distributing painkillers to patients without a legitimate medical purpose, according to a Salt Lake Tribune report.
After a four-week trial and 19 hours of deliberation, jurors found Dr. MacKay guilty of two counts of distribution of a controlled substance resulting in death, three counts of use of a communication facility in a drug trafficking offense and 35 counts of distribution of a controlled substance.
Dr. MacKay petitioned the court to throw out the case based on a claim of prosecutorial misconduct. Dr. MacKay is challenging the prosecution's allegation of a "tryst" he supposedly had with a patient. U.S. District Judge Dee Benson granted a hearing on the petition.
Related Articles on Dr. Dewey MacKay:
Utah Orthopedic Surgeon Defends Use of Pain Meds During Trial
One-Third of Pain Pill Charges May be Dropped for Utah Orthopedic Surgeon