Mistrial - USA vs. Edward N. Feldman, M.D.
After almost three weeks of trial and the testimony of 30+ witnesses, the trial of Edward N. Feldman on charges related to his prescribing practices as the operator of a Pinellas Park pain management clinic, a mistrial was declared. The mistrial was ordered following a question posed to Dr. Feldman by the prosecutor. Dale R. Sisco, representing Dr. Feldman, objected to the question and argued the question sought inadmissible character evidence intended to suggest a propensity by Dr. Feldman to commit crimes related to the practice of medicine. Sisco argued throughout the trial that Dr. Feld issued prescriptions in good faith, for a legitimate medical purpose and in the usual course of professional practice.
DEA Task Force Officers testified they "targeted" Dr. Feldman even before any undercover agents entered Feldman Orthopedic and Wellness Center. They used subpoenas to obtain financial information to determine if he had assets they could seize before the undercover operation was initiated. They also hired their Kevin Chaitoff, M.D. as a consultant to assist the DEA in the investigation a year before they decided he would be their "expert witness".
Without a doubt the trial of this case caused the parties to incur in excess of $100,000. It is incredible to note the DEA had nearly a dozen of its non-witness agents and investigators assigned to the Tactical Diversion Squad in attendance for the entire trial.