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Washington County doctor wants drug charges dismissed

| Monday, March 26, 2012

A Washington County doctor asked a federal judge on Monday to dismiss charges that he violated federal drug laws.

Dr. Oliver W. Herndon, 40, of Peters was arrested this month and charged with illegally prescribing oxycodone and oxymorphone. The affidavit supporting the charges says he prescribed powerful painkillers to three undercover detectives within minutes of meeting them and without performing rudimentary physical exams.

U.S. Magistrate Judge Robert Mitchell has scheduled a probable cause hearing in the case for today. The brief filed by Herndon's lawyer says the government's evidence fails to meet the criteria required for the charges. "The allegations, at their heart, are that the government does not believe that Dr. Herndon spent enough time with a patient before issuing a prescription," according to the brief.

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