Federal court postpones Dr. Hocog’s trial

The federal court has postponed the jury trial of Dr. Larry Hocog that was scheduled for today, Monday, after the prosecution requested a delay in the proceedings.

U.S. District Court for the NMI Chief Judge Alex R. Munson granted the motion to continue the trial to July 7, 2008, at 9am.

Assistant U.S. Attorney Eric O’Malley argued to continue the trial for one week. Attorney Ramon Quichocho, counsel for Hocog, objected to the postponement.

In his affidavit, O’Malley said their office network malfunctioned on June 19.

O’Malley also stated that he diligently sought to locate key witnesses who are currently in the U.S. mainland or in Hawaii.

He said the witnesses will not return to CNMI until the week of July 7, 2008.

“I was unaware that said witnesses would be unavailable during the week of June 30, 2008, when I stipulated to re-schedule the trial from June 23, 2008,” the prosecutor said.

Meanwhile, Munson has ordered the prosecution to disclose to Hocog the identities of those patients alleged to have illegally received controlled substances from the doctor.

The judge, however, emphasized that the information about witnesses should be used only for the limited purpose of presenting and preparing for Hocog’s case.

Quichocho argued that the identities were needed in order for them to prepare the case.

The prosecution did not object, but requested authorization from the court.

Hocog was indicted in federal court for distribution of a controlled substance from September to November 2007. Hocog was charged with one count of distribution of oxycodone hydrochloride and one count of distribution of meperidine.

O’Malley stated in the indictment that beginning on Sept. 4, 2007 and continuing until Nov. 30, 2007, the defendant, a medical doctor, dispensed oxycodone hydrochloride, a controlled substance.

O’Malley said the doctor distributed the controlled substance despite a restriction on his Drug Enforcement Administration controlled substance registration certificate and his CNMI license to practice medicine.

The prosecutor said that on Sept. 4, 2007 until Nov. 26, 2007, Hocog distributed a controlled substance, meperidine (commonly known as Demerol).

O’Malley said the doctor dispensed the meperidine despite a restriction on his Drug Enforcement Administration controlled substance registration certificate and his CNMI license to practice medicine.