Kansas City pharmacist may face new indictment

KANSAS CITY, Mo. -- An indication that prosecutors may seek more charges against a pharmacist accused of diluting chemotherapy drugs prompted a federal magistrate to confer with attorneys, citing concerns about a possible delay in the trial.

The Kansas City Star reported Saturday that on Tuesday a federal judge overseeing the case received a letter from prosecutors that touched on a possible new indictment against Robert R. Courtney.

U.S. Magistrate Judge Robert Larsen quickly called a teleconference with some of the attorneys involved in the case.

Larsen said he was concerned that expanding the case against Courtney two weeks before jury selection is scheduled to start could force a delay.

It was the first suggestion that prosecutors were prepared to bring new charges against Courtney.

Larsen told attorneys that the trial judge, U.S. District Judge Ortrie Smith, was still preparing to start the trial March 11, even if there were fresh charges.

Larsen said Smith could carve out the existing counts and take them to trial in March, leaving new charges for a second trial.

Has pleaded innocent

Courtney faces 20 federal counts alleging that he tampered with, adulterated and misbranded cancer-fighting medications. Courtney, 49, of Kansas City has pleaded innocent and is being held without bond.

An amended, or "superseding," indictment could come as early as Feb. 26, when a grand jury assigned to Smith is scheduled to meet.

Grand juries occasionally use superseding indictments to modify existing charges, leaving the basic thrust of the case intact.