Dr debra roggow trial

On April 1, , the Court heard arguments from counsel as to whether an evidentiary hearing was necessary. For the reasons set forth below, the Court concludes that defendants have not shown an entitlement to an evidentiary hearing and that their motion to suppress should be denied.

The Affidavits for both search warrants are identical. The search warrants were executed the next day, and various items of evidence were seized. Defendants now seek to suppress all evidence seized pursuant to the search warrants, and all derivative evidence, because the Affidavits contained material misrepresentations and omissions of fact which, if corrected, would result in an insufficient showing of probable cause.

The government argues that there are no material misrepresentations or omissions, and even if the Affidavits are "corrected" as defendants suggest, that probable cause would still exist.

Under the Fourth Amendment, a search warrant must be supported by a sworn affidavit containing information which "is believed or appropriately accepted by the affiant as true. Delaware, U. Search warrants and their affidavits are presumptively valid.

United States v. Lebowitz, F. The Supreme Court has allowed defendants to challenge a presumptively valid affidavit when certain conditions are satisfied. As Franks stated:.

Franks, U. See also United States v. Kapordelis, F. If probable cause still exists once the misrepresentations are taken out of the warrant and the omissions are inserted, there is no need for a hearing and no Franks violation. Capers, F. The required probable cause does not relate to a defendant's guilt. Rather, "[p]robable cause to support a search warrant exists when the totality of the circumstances allows the conclusion that there is a fair probability that contraband or evidence of a crime will be found in a particular place.

The defendant bears the burden of demonstrating that the alleged misrepresentation or omission would have prevented a finding of probable cause. Gamory, F. Defendants point to the three general areas which they assert contain either material misrepresentations or omissions or both: Information concerning Jason Bergin and his co-defendants; information concerning defendant Green's past cooperation; and information about a security detail hired for the pharmacy.

The Court addresses each category. The Affidavits contain one paragraph relating to Jason Bergin. That paragraph states that in July , after he was indicted, Bergin was interviewed by Agent Baginski and stated: he and his co-defendants would manufacture fraudulent prescriptions for Oxycodone, Methadone, and Alprazolam from a physician from the east coast of Florida and bring them to Gulf Coast Medical Pharmacy GCMP to get filled; he and his co-defendants regularly passed fraudulent prescriptions for Oxycodone, Methadone, and Alprazolam at GCMP for several months in approximately ; that GCMP had no problem filling narcotic prescriptions for him and others involved in his Oxycodone trafficking organization even if the prescriptions were fraudulent, duplicate, or for extremely high amounts of narcotic medications.

Debra Roggow of overprescribing pain killers, including morphine, Percocet and Oxycodone to her chronic pain patients at her clinic, Rehabilitation Consultants. District Court Judge John Steele then ruled the osteopath was exonerated.

Jurors heard closing arguments Monday morning after a trial that involved 18 witnesses, a battle of medical experts, and Roggow testifying for 11 hours in her own defense. The case was prosecuted by Assistant U. Debra practices near Cape Coral, FL for appointment. Specialty: Physical Medicine And Rehabilitation. Debra K Roggow has been identified as specializing in physical medicine and rehabilitation and has been in practice for more than 34 years.

Doctors can have one or more medical licenses for different specialities in Florida or different states. Related medical licenses for Dr. Debra K Roggow are as mentioned below:. Physical medicine and rehabilitation, also referred to as rehabilitation medicine, is the medical specialty concerned with diagnosing, evaluating, and treating patients with physical disabilities. These disabilities may arise from conditions affecting the Debra K Roggow is professionally affiliated with the following hospitals in Cape Coral area and more:.

An affiliated hospital is a hospital where a doctor can practice and admit patients.