While the government may have enough evidences to prove that the owners of a Florida Pharmacy were involved in an illegal distribution of anabolic steroids in several states but they are now in the verge of losing the case because of technicality. Previous ruling of a state court lambasted the prosecutors for mishandling the investigation and arrests of the suspects. And now, the judge in Albany court ruled against Albany County district attorney for conflict of interest.

This particular case involved the Signature Pharmacy in Orlando which allegedly filling illegal prescriptions for anabolic steroids. Their network of operation involved doctors in other states particularly medical practitioners in New York. Investigations also revealed that a lot of professional players were able to purchase steroids from the said pharmacy using prescriptions from doctors even without actual consultations. Anabolic steroids and similar drugs are controlled substances and require valid prescriptions.

The prosecutor who spearheaded the investigation against the owners of the pharmacy is US District Attorney David Soares. They were able to track the illegal operation and were able to conduct raids on the company. However, the filing of the case against the operators and employees of the pharmacy was already marred by technicalities which according to some legal experts could make the case weaker.

And just recently, Albany County Judge Stephen Herrick ruled that prosecutor David Soares should not handle the case of Signature Pharmacy because of conflict of interest. The defendants filed a counter lawsuit against Soares for allegedly violating their civil rights. “In the present matter, the court has found a conflict of interest sufficient to warrant dismissal of the indictment,” said Judge Herrick. Soares was also removed from the case. “Likewise, the court finds that this demonstrated conflict of interest warrants the disqualification of the Albany County district attorney’s office from further prosecution of this matter,” said the judge in his 6-page ruling.

It was reported that Judge Herrick appointed Saratoga County District Attorney Jim Murphy to replace Soares but the latter declined to take the case of the Signature Pharmacy.

The district attorney’s office, on the other hand, criticized Judge Herrick for his decision. “Judge Herrick’s decision is a get-out-of-jail-free card for every criminal defendant in New York State. His message to defendants is. ‘If your D.A. is being too tough on you, sue him, and you can get a new one,’” Heather Orth, a spokeswoman for Mr. Soares, told the NY Daily News. It could be a very dangerous precedent which can weaken the legal system.

There were five people who were directly involved in the operation of the Signature Pharmacy in Florida and charged. They were owners Naomi and Robert Loomis, pharmacist Kenneth Michael Loomis, and two other employees, Kirk Calvert and Tony Palladino. Prosecutors alleged that the group was able to sell at least $10 million of controlled substances like steroids. That figure is for New York alone.

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