By JEN McCAFFERY
THE ROANOKE TIMES

Archives Reprint

   A federal judge has ruled that he will not delay the trial of a Roanoke pain specialist, two of his former employees and two former colleagues.

    Chief U.S. District Judge Samuel Wilson ruled in an opinion filed Wednesday that Cecil Byron Knox, Beverly Gale Boone, Tiffany T. Durham, Willard Newbill James Jr., and Kathleen G. O'Gee will still face trial in federal court Jan. 6.

    Defense attorneys in the case had raised the question of whether they could defend their clients against the federal charges they face.

    Federal prosecutors returned to the grand jury last week for a third superceding indictment against the defendants. The new indictment contains 83 counts, as opposed to the 313 counts in the previous indictment.

    U.S. Attorney John Brownlee said the evidence in the case against the defendants had not changed.

    "In an effort to make the case go smoothly, we rearranged some of the counts," Brownlee said. Wilson had questioned federal prosecutors' seeking the indictment with the 313 counts.

    Knox, 53, Boone, 43, and Durham, 28, face charges of conspiracy, health care fraud, mail fraud, obstruction of justice, payment and receipt of kickbacks, illegal drug distribution that resulted in the death or serious injury of patients, and prescription of drugs for no legitimate medical purpose. Knox and Boone, both of Roanoke, also face racketeering charges. The indictment also alleges that Knox traded OxyContin prescriptions for marijuana.

    James Jr., 57, of Roanoke, and Kathleen O'Gee, 54, of Pulaski, also face racketeering and health care fraud charges.

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