Gambling Evidence to Be Admitted in Case of Palm Beach Doctor
According to a Senior Circuit Judge’s decision, evidence of a possible gambling addiction will be admitted in the trial of a Palm Beach doctor accused of purposely keeping her patients addicted to narcotics.
Asuncion Luyao, who had her medical license removed when she was arrested in 2002, will have her gambling experience detailed to the jury that will attend her re- trial.
Luyao is accused of having run a “pill mill” out of her former Port St. Lucie office, prescribing oxycodone to customers in order to have them return monthly for a new prescription and pay an $80 office visit fee. According the prosecutors’ complaint, Luyao is responsible for the deaths of six patients. She has been charged with six counts of trafficking oxycodone, six counts of manslaughter, and one count of racketeering. Her defense attorney claims that, to the contrary, Luyao was a compassionate physician who did not run a “pill mill” and would certainly not have knowingly caused harm to her patients.
A certified public accountant testified that Luyao’s deposits from patients’ fees increased from $228,093 in 1997 to $567,509 in 2001, according to an extensive review of her bank statements.
Prosecuting attorneys say that a jury should be told of Luyao’s gambling exploits because this would provide a possible motive for her crime. Her defense attorney, however, disagreed, saying that this information, given a stigma against gambling in some peoples’ minds, could unfairly prejudice the jury against his client.
"This evidence is so weak and so fraught with danger to not only confuse the jury but also prejudice the defendant," Defense Attorney Joel Hirschhorn said.
Senior Circuit Judge Dwight Geiger, however, has decided that the gambling losses evidence is indeed permissible in his court. He agreed with the prosecting attorneys’ claims that the gambling evidence does indeed provide a potential motive for the crime. He also said that, since the gambling was “totally legal,” jurors would not be unfairly prejudiced against the accused former doctor.
According to prosecutors, Luyao took 131 trips on a Palm Beach County- based gambling barge, the Palm Beach Princess, in 2001 alone. She lost a total of $30,000 gambling that year. The next year, Luyao lost another $9,000. The prosecutors allege that, because of her gambling losses, Luyao decided to run a “pill mill” in order to make up for lost income.
Assistant State Attorney Erin Kirkwood will call an employee of the cruise line to testify about the details of Luyao’s gambling.
Luyao’s case was first tried last year, and ended in a hung jury. The gambling evidence was not introduced in that trial. The jury in the current retrial is expected to begin consideration of the case sometime next week.
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Gambling Evidence to Be Admitted in Case of Palm Beach Doctor
According to a Senior Circuit Judge’s decision, evidence of a possible gambling addiction will be admitted in the trial of a Palm Beach doctor accused of purposely keeping her patients addicted to narcotics.
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