Doctor awaits ruling on motions in fraud case

A Cape Girardeau doctor indicted on federal fraud charges is awaiting a judge's ruling on several motions before the case can go to trial.

Byron Glenn in February pleaded not guilty to felony charges of mail fraud and passing more than $1.7 million in fake money orders and checks between July and December.

After several extensions, Glenn filed five pretrial motions April 12 dealing with the use of various types of evidence.

Four of the motions seek disclosure of expert testimony; exculpatory and/or impeaching information; the government's intent to use Rule 404(b) evidence with combined memorandum of law; and the government's intent to use residual hearsay under federal Rule of Evidence 807.

The fifth motion seeks to compel preservation of memoranda relating to interviews of witnesses and confidential sources and to require law enforcement authorities to preserve rough notes and drafts.

Federal rules forbid the use of a defendant's prior crimes or actions to establish character, but Rule 404(b) allows the use of such evidence for other purposes, such as establishing motive, intent or preparation to commit a crime.

Rule 807 allows the inclusion of hearsay evidence -- which usually is inadmissible -- under certain circumstances.

The court has not ruled on the motions, which were reviewed at an April 24 hearing before Magistrate Judge Lewis M. Blanton.

In a five-count indictment, prosecutors allege Glenn used three fraudulent money orders totaling more than $650,000 to pay off mortgages.

They also accuse him of passing two bad checks -- one for $250,000 to Cape Urgent Care Inc., using a routing number from a U.S. Federal Reserve Bank in Cleveland, and one for $171,000 to First State Community Bank, drawn on an account at Bank of America that prosecutors say Glenn knew was closed and contained insufficient funds to cover the check.

Court records show Glenn was arrested Feb. 6. Blanton granted a Feb. 15 motion to detain him. Federal public defender Michael Skrien then filed a motion to revoke the detention order, but District Judge Stephen N. Limbaugh Jr. denied the motion Feb. 22.

On March 1, private attorney Adam Fein filed a motion for reconsideration of the order. Limbaugh denied that motion March 4.

Skrien withdrew as Glenn's attorney March 3. Fein and N. Scott Rosenblum, both of the Clayton, Mo.-based law firm Rosenblum and Schwartz, now represent him, court records show.

epriddy@semissourian.com

388-3642

Pertinent address:

555 Independence Street, Cape Girardeau, Mo.