The Ninth Circuit Orders A New Trial For Alleged Members of the Medical Mafia

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I don't like posting twice in one day, but it is Friday and this is a BIG UPDATE about the Medical Mafia. Howard Awand and Noel Gage lost the appeal filed by the prosecution. Upon appeal Judge Quackenbush, referred to many as the "Quack" after his ruling, decided to dismiss all charges against Gage & Awand because Kabins plead the Fifth Amendment & refused to testify at trial. Quackenbush's reasoning, Kabins' testimony would have contradicted prosecution witness Thalgott's testimony. The defense claimed that this would not provide a fair trial. In essense, the defense tried to force the prosecutors to grant immunity to Kabins, while he was the target of an investigation. They had already granted immunity to Venger and Thalgott, in order to get testimony supporting the case.

The Ninth Circuit saw through the madness, drafting an opinion within 2 weeks of argument and contained to only a few sentences. They ordered a new trial.

Now that Kabins is indicted on 5, or so, felony counts, they should consolidate these trials and get it all out at once. Truly, if the government had any balls & ability, they would get Awand to 'flip' on the entire 'Medical Mafia' group. However, if there is no 'group' to flip on (as many allege) and the Medical Mafia is better as a figment of the media, than it is in reality, then this isolated prosecution should simply just fail, again.

I guess Gage's "celebration of justice" party at Red Rock Resort was a little early.

See the RJ (here & here) and CNNMoney (here) for a full update.
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