| PORT ST. LUCIE, Florida — A jury
wrestled with the facts of Filipino-American Asuncion
Luyao’s case for five gruelling days last summer, as the
Port St. Lucie physician on trial for manslaughter in the
deaths of six of her patients waited for the verdict that
would decide her future.
It never came.
This week, nearly seven months after Dr. Luyao’s first
trial ended with a hung jury, attorneys attempted to find
six new people to determine the ending to her nearly
four-year-old case, according to the Palm Beach Post.
The jurors were asked to decide whether the 64-year-old
grandmother, who worked as a doctor in the county since
1977, is guilty of six counts of manslaughter, six counts of
trafficking painkillers; and one count of racketeering.
She’s accused of issuing excessive prescriptions for
powerful pain pills, including OxyContin.
The six patients at the center of her case were at
different stages of their lives and hailed from every county
between Broward and Indian River when each died
unexpectedly:
The original jurors listened to four weeks of testimony
about Dr. Luyao’s career as a physician, and attorneys gave
them more than 200 exhibits to take back to the jury room.
But those six St. Lucie County residents could not reach a
unanimous verdict on any of the 13 charges against Dr. Luyao.
Some relatives of Dr. Luyao’s former patients have said
they hope to see a resolution after the second attempt.
“The waiting has been so hard,” said Connie Velie, the
mother of victim Tina Smith. “There’s too many memories
brought back up. You have to relive everything all over
again.”
Although the facts of the case and potential witnesses
haven’t appeared to change much, a few of the ground rules
have: A different retired circuit judge will preside over
Dr. Luyao’s new trial, and attorneys on both sides are under
a gag order and barred from talking to the media about the
case.
Last year, when the case hadn’t been in the public eye
for months, lawyers were able to seat a jury after only a
day-and-a-half. This time, after the first trial garnered
extensive media coverage, officials say it probably will
take a few days longer. Clerks have summoned a pool of 100
potential jurors for Tuesday.
Fearing she won’t find an impartial jury in her home
county, Dr. Luyao’s attorney has asked to move the trial to
another county. But Senior Judge Dwight Geiger said the
lawyers must attempt to find six fair jurors in St. Lucie
County before he will consider the request.
If they do get a jury, Geiger has set aside nearly a
month to hear the case.
When Dr. Luyao was arrested in 2002, she was one of the
first doctors in the nation to be charged in the overdose
deaths of her patients. During her first trial, prosecutors
said greed drove Dr. Luyao to stop functioning as a medical
doctor. They argued that she had essentially become “a drug
dealer with a prescription pad” and accused Dr. Luyao of
running a “pill mill” in her office in the old Village Green
shopping plaza.
Her goal, Assistant State Attorney Erin Kirkwood said,
was to keep patients addicted so they would continue to pay
a required $80 fee for each return visit required for a
refill.
Throughout the first trial, defense attorney Joel
Hirschhorn maintained that Dr. Luyao always acted in good
faith, but her drug-seeking patients lied to her and
manipulated her.
She might not have been a good judge of character, he
said, but she was a caring doctor who did not cause the
deaths of those six patients.
“She did what she thought in her own professional
judgment was best,” Hirschhorn told the jury last year. “She
might not have been right, but that certainly doesn’t mean
she was criminally liable.”
Prosecutors again are expected to call several of Dr.
Luyao’s former patients to testify against her. Some of
those patients told the jury that she had a reputation on
the streets as a doctor who would give patients whatever
they asked for, with few questions asked.
One patient said the price of the painkiller OxyContin on
the street quadruped after Dr. Luyao’s license was
suspended.
Others said they went to Dr. Luyao with legitimate pain
and ended up getting addicted.
Whereas Kirkwood said Dr. Luyao ignored obvious signs of
addiction and continued to provide prescriptions, Hirschhorn
painted a different description of those patients.
“Dr. Luyao’s patients were relentless in their lies to
her,” Hirschhorn said during closing arguments of her first
trial. “Dr. Luyao was a sucker for a sad story.” |