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By Matthew Russell Lee, Patreon Maxwell Book
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SDNY COURTHOUSE, Jan 25 – A major opioids jury trial is set to begin on January 18 in the U.S. District Court for the Southern District of New York. Inner City Press will cover the trial. 

  Laurence F. Doud III, the former CEO of Rochester Drug Co-operative, was indicted in 2019, and the case was assigned to District Judge George B. Daniels, while will preside over the trial.   

 On January 16, two days before jury selection, Doud's lawyer Robert C. Gottlieb wrote to Judge Daniels to oppose admission of the testimony of Barbara Castro, an opioids addict.

Assistant US Attorneys Thomas Burnett, Nicolas Roos and Alexandra Rothman had indicated they intend to call Castro "as early as Tuesday, January 18, 2022, in the afternoon."

But Day 1 went long. Inner City Press live tweeted it.

  On Day 2, a witness who worked under Doud at RDC cried on the stand. Inner City Press live tweeted here and below.

  Day 3 came toward a close, with the same witness, with two POVs on a closed door meeting between Larry Doud and Jessica Pompeo leading to the latter's tears, but why? Live tweeted here.

On January 24, at the end, Doud's lawyer bristled at being told, again, that the DEA is not on trial. Inner City Press live tweeted, here and below.

 On Jnaury 25, as the US said it is nearing resting its case and the defense fretted about not having a witness ready - in the US v. Maxwell trial that meant the defense was finished too - an expert took the stand. The taxpayers are paying him $900 an hour, for 50 hours so far. Inner City Press tweeted it here:

Opioids trial of US v. Larry Doud of Rochester Drug Co-operative keeps chugging along, alongside Judge Daniels' fairness hearing in an unrelated class action.

 Judge Daniels is ruling on prosecutors' request to exclude a slew of defense exhibits. He is allowing some in, "to demonstrate that at the time the defendant made his statements, he was not part of a conspiracy," or try to demonstrate that.

Defense lawyer Gottlieb: Any statements made by people about Lindencare being in compliance, they are not being introduced for the truth of the matter asserted --

Judge Daniels: I don't agree. It's not probative of whether Mr. Doud was involved in a conspiracy

 As US v. Doud trial day winds down, US says they could rest as early as tomorrow. Defense lawyer Gottlieb says, While they're free to do whatever the heck they want, this is a change and we do not have a witness ready. [In US v. Maxwell that meant, it's over]

AUSA reads venue stipulation. 

Now, the next witness: Professor Cutler from Harvard University. A health economist. He says he is involved in a class action against Juul. "I match data up with death," he says, "so I can draw a picture."

 AUSA: Are you being paid in this case? Professor Cutler: Yes. I charge $900 an hour. AUSA: How many hours so far?

Prof Cutler: Oh, I'm not sure. I'd say, 50 some hours.  [$45,000 so from, from taxpayers, to this Harvard professor also in Juul case...

From January 24: Opioids trial of US v. Larry Doud of Rochester Drug Co-operative still plugging along, on cross examination after day of compliance witness in the charged conspiracy.

 Defense: Are you aware of any law that defined suspicious orders or orders of unusual frequency? Witness: I'm not sure. Defense: Were you aware that the DEA didn't even want registrants to tell it when they found red flags?  Witness: I did not.

Judge Daniels dismisses the jury. Now AUSA argues again, the DEA is not on trial, Mr. Doud is. Defense lawyer Gottlieb: There were instances that RDC went out of its way to do compliance. Not a perfect job, but they did it.

 Gottlieb: My client's live is on the stand [on the line] and I have a right to cross examine. I don't need lessons from the government. Judge Daniels: I think of the case from the jurors' perspective, not the lawyers' perspective.

Judge Daniels says, We are breaking for the day, & that tomorrow morning he has to deal with another matter before resuming the trial (sentencing then class action settlement. But we'll keep on it

 After the trial date, the defnse put in a letter seeking to exclude 95 slides to be used by US expert David Cutler, on Doud's income, comparisons of opioids shipments and on compliance adequacy, on which they say Cutler is not an expert.

Day 3: Larry Doud at defense table leaning forward listening to re-direct examination about particular pharmacies "turned on" by Rochester Drug Co-operative. 

AUSA: You see this email, where Larry Doud wrote, I don't think it's going to end well?  Witness: Yes. AUSA: Then this one is later. What's going on? Witness: We were questioning if we should release the order. But we did.

AUSA: And GX 278? Witness; A red flag suspension on Stanton. But it was years later... In this other case, even after Julius Morton went, there were still red flags. Even after they were turned off, management turned them back on.

Witness: This was from Larry Doud, I was cc-ed. He asked, Why does it make Jessica so long to do the reports? Sure seems like a slow process. AUSA: No further questions.

 Defense re-cross: You said "upper management" was responsible, right? But wasn't that Bill P? Witness: Not necessarily.

Judge Daniels: We have a witness in from Rochester. You may take off your mask. Witness 2: I was the credit manager of RDC.

 AUSA: What is a credit limit? Witness 2: The amount of credit we extend them. AUSA: What is a credit hold?

Witness 2: For example if they are behind on payment. AUSA: Did Larry Doud ever ask you to lift them? Witness 2: Yes.

AUSA: Did you know Jessica Pompeo? Witness 2: Yes.... One time Larry went in and met with her then she came out with eyes red. She said Larry made her release the hold on an account. Defense: Is it illegal to remove a hold? Witness: No.

Judge Daniel: Already, we are done for the day.

Day 2: Now there are tears on the witness stand, with Larry Doud directly accused on not reporting irregularities to DEA

Assistant US Attorney: While you worked in the compliance department, how many orders were flagged? Witness: Many. AUSA: What is this? Witness: The DEA Month and Orders of Interest report, from 2012 to 2017.  AUSA: Was anything reported? Witness: No.

AUSA: What did you write here? Witness: That there was a red flag, High cash for benzo. AUSA: Read from "man oh man."

Witness: "All the new stores we are bringing on have issues."

 AUSA: Meaning? Witness: That we had seen red flags. AUSA: Read the 1st paragraph from Julius Morton.

Witness: One of the partners, Roman of a pharmacy in Yonkers, he said we at RDC is picking up rejects from Cardinal and other distributors. Witness: Doud said the DEA was loosening up its visits - Defense: Objection!

Judge: Ask her how she knows. AUSA: Ms. How do you know this? Witness: Larry told us. He wanted accounts turned on as soon as they passed our credit check.

AUSA: And this? Witness: It's Larry Doud to me, it says "I do not want to slow this down." AUSA: No due diligence?

Witness: No, we were not reviewing the dispensing data. AUSA: Did Dowd speak to you? Witness: Yes. He said, turn them on for controlled substances.

 AUSA: Play the voicemail. "Larry came into my office... I don't want Larry to be thinking I'm being obstinate."

AUSA: GX 502-T is an accurate transcript of your voicemail? Witness: Yes. AUSA: Are you aware of a pharmacy called 59 Street, in Brooklyn? Witness: Yes.

Defense: Can we have a side bar? Judge Daniels: Uh... Defense: It'll be brief. [Note: Now Doud is sitting alone at the defense table, looking at witness and his lawyers conferring with prosecutors and Judge Daniels at the sidebar

 They're back. AUSA: Was this pharmacy, 59th Street, turned on while Larry Doud was at the company? In 2016? Defense: Objection! Let the witness answer. Judge: Sustained. AUSA: OK, look at this email. Witness: It's December 2016. Larry was there.

Witness: Petropinto... David Taylor, previous vetted, oxy 30 mg. Bay Ridge, family medicine, high cash. 90% cash for South Shore Pro Health. Lambrakis, 100% cash.

AUSA: And Carl Anderson? Witness: We flagged him.

It's 4:55 pm. Judge Daniels excuses the juror and tellst the witness to step down. Defense lawyer Gottlieb: Anything after March 2017 is not relevant. Allowing it in creates a real due process for us. We weren't put on notice.

 Judge Daniels: If I stole a car then they discover it later, that's admissible.  It's fair game. Government? AUSA: She'll say she reported later because Larry Doud wasn't there saying don't report. We can brief it overnight.

Day 1: AUSA accusing Team Doud of putting the US on trial.

First US witness against Doud is a former DEA agent, now working in a  different job in Virginia. "I dealt with the registrants in the field."

Assistant US Attorney: What did you do in that role? Witness: I was the chief. I went to industry sponsored conferences

 AUSA: What is Subsys? Witness: An opioid spray for break-through pain. AUSA: Fentanyl? Witness:  Yes. It's very dangerous.  AUSA: What's this? Witness: A bottle of Oxy.

 AUSA: What's this? Witness: A chart showing the supply chain... It shows how the drug gets from the manufacturer to the user. Inner City Press

 It's approaching 4:30 pm and Doud's lawyer's cross continues (still no user as Inner City Press reported on yesterday)

Defense: Do you agree that a distributor has no way to know if a pharmacy's info is accurate & has no  obligation to investigate a prescription?

Defense confronts witness with prior testimony, then asks: Isn't it the case the distributors often use outside consultants to conduct investigations? Witness: Yes...

The case is US v. Doud, 19-cr-285 (Daniels) 

***

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