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November 2010 Archives

Deferred Disposition Leading to Dismissal Achieved by Tim Zerillo in Felony Acquiring Drugs by Deception Case

After significant negotiation with the Attorney General's Office, I was able to achieve a deferred disposition for our Client, who was charged with 5 counts of felony Acquiring Drugs by Deception today in the Cumberland County Superior Court in Portland, Maine.  Our Client allegedly called in false prescriptions for hydrocodone and oxycontin to several pharmacies while impersonating a local doctor.  We were able to enter into early discussions with the Attorney General's Office, and today entered a 1 year deferred disposition.  Our Client will do 40 hours of community service, continue counseling, and at the end of 1 year, all of the cases will be dismissed entirely.  He will not spend 1 minute in jail or on probation - a great deal for our Client!  -Tim

2 Hurt In Accident on 295

From the Press Herald:Two hurt in I-295 accident

By Edward D. Murphy emurphy@mainetoday.comFREEPORT – Two people were injured in an accident on I-295 southbound shortly after noon today, state police said.

Police said the accident occurred when a car driven by James Diemer, 29 of Brunswick, moved from the passing lane into the travel lane on the highway, hitting a car driven by Kelly Davis, 23, of Las Vegas.The impact sent Davis' car off the road and into a tree. The car rolled over after hitting the tree, said Trooper Justin Cooley.

Doctor Faces DEA Drug Charges

From the Press Herald online today:Doctor faces charges after DEA raids office
By David Hench dhench@mainetoday.com

Staff Writer PORTLAND - Federal agents raided a podiatrist's office in Portland on Wednesday, seizing records as part of a drug investigation, while state drug agents arrested the doctor in Cumberland.

Dr. John Perry, 49, was charged with violating bail conditions and possessing a gram of cocaine. He was taken to the Cumberland County Jail, where he was held without bail.In the investigation by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency, agents also searched Perry's house, at 365 Main St. in Cumberland, and his car.His office, Atlantic Foot & Ankle Center, is at 1711 Congress St. in Portland. A woman who answered the phone there declined to comment.

Perry was free on bail following his arrest April 4 on a charge of drunken driving. State police stopped him on Interstate 295 in South Portland at 5:15 a.m. that day. He allegedly had a blood alcohol content of 0.16 percent -- twice the legal limit.Perry admitted the conduct in a court agreement and was given a deferred disposition, meaning the drunken-driving charge would be reduced to a driving-to-endanger conviction as long as he engaged in no criminal conduct for a year.His agreement with prosecutors allowed police to search him and his car and conduct blood tests to ensure compliance with the consent agreement, court records said.A message left for Perry's lawyer was not returned Wednesday afternoon.A spokesman for the DEA declined comment, saying the investigation continues. The federal Department of Health and Human Services, which includes the Food and Drug Administration, did not respond to questions posed about the investigation by press time.Perry was disciplined in 2003 by the state's Board of Licensure of Podiatric Medicine in connection with violating professional standards in a doctor-patient relationship in 2001, according to the board's website. He agreed to enroll in a medical ethics program and maintain a log of all narcotics prescriptions of 20 or more tablets, and to submit the log for board review for the next year.The allegation involved sex in exchange for painkillers, but Perry vehemently denied it. He was not charged by South Portland police, who investigated the report, and the consent agreement with the board did not conclude that any such exchange had occurred.
The board did note that a telephone conversation taped by South Portland police as part of the investigation showed an unprofessional relationship between Perry and the woman who filed the complaint.The drunken-driving charge is the only incident on Perry's criminal record, according to the State Bureau of Identification.The DEA, while focusing largely on illegal drug distribution, also monitors volumes of legal drugs that are prescribed by health professionals and enforces laws against diversion of those drugs for illicit use.

Fatal Motorcycle Accident in Portland

Sad story from the Press Herald online this morning.One person was killed this morning when a motorcycle and a box truck collided at the intersection of Skyway Drive and Congress Street.Police say the motorcyclist was killed in the crash, which happened shortly after 7 a.m. Police have not released the rider's name.
The crash near Exit 46 of the Maine Turnpike northbound in Portland is causing delays in both directions.The crash was actually not on the Maine Turnpike, but was on Skyway Drive in Portland near the Portland International Jetport, authorities said. However, the crash, which happened at about 7 a.m, is causing delays in both directions on the turnpike.

Domestic Violence Assault from Steep Falls, Maine Dismissed

I was happy to get a Domestic Violence Assault and Obstructing Report of a Crime case that allegedly occured in Steep Falls, Maine no complainted today.  That means that the District Attorney has agreed with me that the case should be dismissed prior to the arraignment. Find out more about Zerillo Law, LLC at http://www.getzerillo.com/  --Tim