United States District Court, D. Columbia.
TITILAYO AKINTOMIDE AKINYOYENU, also known as TOMMY AKIN,
also known as TOMI, Defendant: David Schertler, SCHERTLER &
ONORATO LLP, Washington, DC; George Allen Dale, LAW OFFICE OF
G. ALLEN DALE, Washington, DC.
ALAN J. SALTZMAN, D.O., Defendant: John W.F. Chesley, LEAD
ATTORNEY, Jeffrey S. Rosenberg, GIBSON, DUNN & CRUTCHER, LLP,
USA, Plaintiff: John Philip Dominguez, LEAD ATTORNEY, U.S.
ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA,
Washington, DC; Linda Ilene Marks, U.S. DEPARTMENT OF
JUSTICE, Washington, DC.
E. BOASBERG, United States District Judge.
it is not uncommon for defendants to seek trial delays based
on a lack of mental competence, it is far rarer to see a
legitimate claim of physical incapacity. Yet that is what the
Court now faces.
Saltzman, a doctor of osteopathy (D.O.) residing in south
Florida, and Titilayo Akintomide Akinyoyenu, a pharmacist and
owner of a retail pharmacy in Washington, D.C., were indicted
in March 2015 on four conspiracy-related counts involving an
alleged scheme to unlawfully distribute prescription drugs by
internet and mail. Last July, Saltzman moved to sever and
indefinitely postpone his trial on the ground of poor health.
He suffers from a number of serious ailments and argues that
a lengthy trial conducted far from his home would place him
at great risk. The government does not dispute that Saltzman
is unwell but believes that his medical needs may be
accommodated by the Court in such a way that severance is not
by persuasive testimony that a joint trial would at present
constitute an unwarranted physical ordeal, the Court will
grant Saltzman's Motion to Sever, but will order a
continuance only through the end of Akinyoyenu's trial.
The Court will at that point determine whether Saltzman is
physically able to withstand his own separate trial.
to the indictment, Defendants collaborated in a scheme to
unlawfully fulfill tens of thousands of prescription drug
orders. Pursuant to the alleged conspiracy, Saltzman would
approve prescription-drug requests from online buyers without
seeing, consulting, diagnosing, or evaluating those "
patients." In that way, the government charges, he wrote
prescriptions without having established a doctor-patient
relationship, which is a prerequisite for the lawful
distribution of a controlled substance. See Indictment,
¶ ¶ 13, 20. With Saltzman's prescriptions in
hand, Akinyoyenu as pharmacist would then fill the orders
despite knowing that the prescriptions were not bona
fide. In this manner, the government alleges, Defendants
completed upwards of 60,000 orders and took in approximately
$8.4 million in proceeds. Id., ¶ ¶ 20, 22,
was arraigned by videoconference in April 2015, see Minute
Entry of Apr. 29, 2015, and placed on personal recognizance
at his home in Florida. See ECF No. 13 (Order Setting
Conditions of Release). In July 2015, on account of his poor
health, he moved to sever his case from Akinyoyenu's and
sought an indefinite continuance. See Mot. at 1-2. After
briefing on the matter was complete, the Court held an
evidentiary hearing on December 11, 2015, at which Saltzman,
his wife Dorota, and his gastroenterologist and coordinator
of care -- Dr. David Silver -- testified. See ECF No. 47
Saltzman's Medical Condition
central consideration in evaluating Defendant's Motion is
his current physical condition, which the Court will describe
by drawing on his physician's affidavits, the testimony
presented at the December 2015 hearing, and the Court's
observations of Saltzman at that time. Fortunately, the
parties seem to agree on the medical evidence, with a dispute
emerging only as to what legal conclusion may be drawn
is 65 years old. See Mot., Exh. A (Affidavit of David Silver,
M.D.), ¶ 9. He suffers from numerous interrelated
ailments affecting his digestive, endocrine, circulatory,
muscular, nervous, skeletal, and immune systems, all of which
place substantial limits on his physical activity and require