MacKay's lawyers accuse prosecutor of lying, seek dismissal

Aug 18 2011 - 5:27pm

SALT LAKE CITY -- As a jury continues to deliberate his case, Dewey MacKay's lawyers are accusing the U.S. Attorney's Office of lying to the jury during Wednesday's closing arguments.

In a motion filed around noon today, Peter Stirba argued prosecutors made "complete and utter fabrications unsupported by the evidence. ... The government, having made these statements to the jury knowing that they were false, rises to prosecutorial misconduct and warrants dismissal of the indictment."

MacKay is charged with 86 counts of drug distribution, accused of writing record numbers of prescriptions for pain killers to 12 patients from 2005 through 2009 for no medical purpose, including one patient who died of a drug overdose.

Two of the three lies the defense claims were made concerned phone calls regarding one patient's claim of arranging a tryst with MacKay at an Ogden motel, which he denied. The third regarded repossession of a patient's car.

A spokeswoman for the defense, Angie Welling, said as of 2 p.m. today there was no word on whether Judge Dee Benson was going to hear arguments on the motion while the jury was still out.

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