# Appendix — United States v. Moore > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0255%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1975 - **Citation:** 423 U.S. 122 ## Text — Supreme Goort, U. &. FILED MAY 2 1975 APPENDIX I., CLERK IN THE Supreme Court of the United States OCTOBER TERM, 1974 No. 74-759 UNITED STATES OF AMERICA, Petitioner —v.— THOMAS W. MOORE, JR. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR A WRIT OF CERTIORARI FILED DECEMBER 17, 1974 CERTIORARI GRANTED FEBRUARY 18, 1975 IN THE Supreme Court of the United States OCTOBER TERM, 1974 No. 74-759 UNITED STATES OF AMERICA, Petitioner — : THOMAS W. Moore, JR. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT INDEX* Page e / Se 12 e ee 3-29 38- count retyped indictment submitted to the jury 30-34 Excerpts from the transcript of proceedings before the Honorable Gerhard A. Gesell on September 12, 1972 386-38 Excerpts from the trial transcript ..........000.0000000000 0. 38-125 * A copy of the opinion of the United States Court of Appeals for the District of Columbia Circuit was filed as Appendix A to the petition for a writ of certiorari (pp. la-48a). The judgment of the court of appeals was reproduced as Appendix B to the petition (pp. 49a-50a). ii INDEX Page Excerpts from the trial transcript—Continued yl OD Of ee 38-45 Testimony of Ken Bryan rs 46-52 Testimony of Forris Ensoer 53-57 Testimony of Roger W. Wheel 58 Lx . 59-64 Testimony of William N. Burgee 65-67 Testimony of Jerome Brooks .................-cccccscccscccsssssccossecees 68-71 Testimony of Herbert B. Holland ..................................... 72-73 Testimony of Kenneth A. Brown 0000...0.0202.2......:cccceecceeeeee 74-77 Testimony of Dr. David H. Fraaa——uü—mü—mü—õ 78-83 Testimony of Dr. Thomas E. Piemme ................................ 84-90 Testimony of Agent William J. Miller 91-96 Testimony of Thomas W. Moore, Ir. 97-116 Court’s instructions to the jura 117-125 Transcript of sentencing proceedings before the Honorable Gerhard A. Gesell on November 13, 1972 .......................... 126-134 e d 135-138 DLL . 139-141 L cccsccccccsscsncssssenisnisecsiitmia 142 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Criminal No. 1350-72 UNITED STATES — THOMAS W. Moore, JR. RELEVANT DOCKET ENTRIES DATE PROCEEDINGS 1972 > > * 7 July 13 Deft. handed copy of Indictment. ARRAIGNED: Plea Not Guilty. * > > > Sept 5 Motion to suppress & for return of property. C/S P/A FIAT—GESELL, Sept 12 Status Conference: Trial is set for 10-16-72 at 9:30 A.M.; Bond. GESELL, J. Rep-Harper; Edwin Brown; Atty. Sept 14 Govt’s opposition to Motion to suppress. C/S Sept 21 Transcript of proceedings of Sept. 12, 1972; pages 1-12; Court’s Rep-P. Harper Sept 25 ORDER denying motion of deft. to suppress and for return of prop GESELL, J. (N) Sept 26 Govt's notice of intention to sever counts c/s > > > * Oct 16 Retyped indictment filed.; Motion of Govt to sever counts, Granted; Case called for trial. > > * * 2 DATE PROCEEDINGS 1972 Oct 21 Trial resumed * * *, VERDICT: GUILTY on Counts 3, 5, 7, 8, 9, 13, 14, 16, 17, 18, 20, 21, 23, 24, 25, 27, 29, 30, 31, 32, 35 & 37 of the retyped indictment > > > > Nov 20 Notice of appeal from sentence of Nov. 13, 1972. 7. > . UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Holding a Criminal Term Grand Jury Sworn in on April 3, 1972 THE UNITED STATES OF AMERICA V. THOMAS W. Moore, IR. Criminal No. U. S. Mag. No. 22-531-72 Violation: 21 U.S.C. 841 (a) (Unlawful Distribution and Dispensation of Controlled Substance) The Grand Jury charges: COUNTS 1 THROUGH 35 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II, —— drug controlled substance to, Bobby J. King, as fol ; COUNT DATE AMOUNT OF TABLETS September 27, 1971 October 4, 1971 October 12, 1971 Octoher 16, 1971 October 26, 1971 October 29, 1971 October 81, 1971 November 6, 1971 November 8, 1971 November 12, 1971 . ο ann ow — 8888888888 — o W 4 5 COUNT DATS AMOUNT OF TABLETS II, nareotie drug controlled substance to, James Silk, as 11 November 17, 1971 50 follows: 12 November 22, 1971 50 COUNT DATE AMOUNT OF TABLETS 13 November 24, 1971 50 86 August 27, 1971 50 14 November 29, 1971 50 37 August 30, 1971 75 15 December 1, 1971 50 * un 100 * December 3, 1971 50 39 September 3, 1971 50 17 December 6, 1971 100 © September 36, 1971 50 41 September 27, 1971 100 18 December 9, 1971 50 19 December 11, 1971 100 42 September 28, 1971 75 43 October 4, 1971 50 20 December 14, 1971 100 4“ 6, 1971 90 21 December 16, 1971 100 a Deteber 8, 1971 — 22 December 17, 1971 100 46 October 12, 1971 100 23 January 5. 1972 50 47 October 16, 1971 100 2 Jemmary 6, 05 * 48 October 19, 1971 60 25 January 10, 1972 wat 49 October 21, 1971 100 26 January 10, 1972 50 50 October 25, 1971 100 27 January 17, 1972 100 | 51 October 28, 1971 100 28 January 19, 1972 100 52 October 30, 1971 100 29 January 21, 1972 100 | 53 November 1, 1971 100 30 January 25, 1972 50 | 54 November 6, 1971 100 31 January 26, 1972 100 | 55 November 8, 1971 100 32 January 28, 1972 50 56 November 15, 1971 100 33 February 1, 1972 50 57 November 17, 1971 100 34 February 4, 1972 100 58 November 19, 1971 75 35 February 8, 1972 100 59 November 24, 1971 50 60 November 29, 1971 100 COUNTS 36 THROUGH 77 61 December 3, 1971 100 62 December 10, 1971 100 On or about the dates hereinafter specified for each 63 December 11, 1971 50 count, THOMAS W. MOORE, JR., the defendant herein, 64 December 13, 1971 100 within the District of Columbia, knowingly and unlaw- 65 December 17, 1971 100 fully distributed and dispensed the hereinafter specified 66 December 20, 1971 100 amounts of 10 milligram dolophine tablets, a Schedule 67 December 21, 1971 150 COUNT DATE AMOUNT OF TABLETS 68 December 23, 1971 150 69 January 7, 1972 150 70 January 10, 1972 100 71 January 12, 1972 100 72 January 14, 1972 100 73 January 25, 1972 100 74 January 26, 1972 100 75 January 28, 1972 100 76 February 4, 1972 100 77 February 8, 1972 150 COUNTS 78 THROUGH 86 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to Carol Timmons, as follows: COUNT — DATE AMOUNT OF TABLETS August 30, 1971 September 2, 1971 September 3, 1971 September 24, 1971 September 27, 1971 September 28, 1971 October 6, 1971 October 8, 1971 October 12, 1971 COUNTS 87 THROUGH 111 ss 88 2888888 8888888 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- 87 7 DATE November 1, 1971 November 8, 1971 November 16, 1971 November 19, 1971 November 22, 1971 November 24, 1971 November 29, 1971 December 1, 1971 December 3, 1971 December 8, 1971 December 10, 1971 December 16, 1971 December 17, 1971 December 20, 1971 January 5, 1972 January 7, 1972 January 11, 1972 January 13, 1972 January 17, 1972 January 19, 1972 January 21, 1972 January 25, 1972 January 28, 1972 January 31, 1972 February 4, 1972 COUNTS 112 THROUGH 115 On or about the dates hereinafter specified for each count, THOMAS W. MOORE. J within the District of Columbi R., the defendant herein, a, knowingly and unlaw- 8 * * 7 ‘ 7 fi ed fully distributed and dispensed the hereinafter speci — of 10 milligram dolophine tablets, a Schedule II nareotie drug controlled substance to, Karen Bryan, also known as Lynn A. Ryan, as follows: COUNT DATE AMOUNT OF TABLETS 112 February 2. 197 50 113 February 4, 1972 50 114 February 8, 1972 100 115 February 9, 1972 150 COUNTS 116 THROUGH 146 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Ivan Gower, as follows: COUNT DATE AMOUNT OF TABLETS 116 September 3, 1971 100 117 September 20, 1971 100 118 September 24, 1971 100 119 September 27, 1971 50 120 October 4, 1971 50 121 October 6, 1971 75 122 October 8, 1971 50 123 October 11, 1971 50 124 October 18, 1971 100 125 October 20, 1971 50 126 October 26, 1971 75 127 October 28, 1971 50 128 November 1, 1971 50 129 November 4, 1971 50 130 November 6, 1971 100 131 November 9, 1971 100 9 COUNT DATE AMOUNT OF TABLETS 132 November 12, 1971 50 133 November 15, 1971 100 134 November 17, 1971 75 135 December 20, 1971 75 136 December 22, 1971 100 137 January 10, 1972 100 138 January 13, 1972 50 139 January 14, 1972 50 140 January 18, 1972 100 141 January 24, 1972 50 142 January 26, 1972 100 143 January 28, 1972 50 144 January 31, 1972 100 145 February 4, 1972 100 146 February 7, 1972 100 COUNTS 147 THROUGH 172 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Forris Ensor, as follows: COUNT DATE AMOUNT OF TABLETS 147 August 27, 1971 100 148 September 2, 1971 100 149 September 7, 1971 100 150 September 24, 1971 100 151 September 29, 1971 100 152 October 4, 1971 100 153 October 8, 1971 100 154 October 15, 1971 100 155 October 26, 1971 100 10 COUNT DATE AMOUNT OF TABLETS 156 October 28, 1971 100 157 November 3, 1971 100 158 November 10, 1971 100 159 November 12, 1971 100 160 November 17, 1971 100 161 November 19, 1971 100 162 November 24, 1971 100 163 November 29, 1971 100 164 December 3, 1971 100 165 December 6, 1971 100 166 December 10, 1971 100 167 December 13, 1971 100 168 December 17, 1971 100 169 December 20, 1971 100 170 December 22, 1971 75 171 December 27, 1971 100 172 January 4, 1972 100 COUNTS 173 THROUGH 195 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligrams dolophine tablets, a Schedule II narcotic drug controlled substance to, Raymond Bow- ings, as follows: COUNT DATE AMOUNT OF TABLETS 173 September 29, 1971 50 174 October 1, 1971 100 175 October 6, 1971 100 176 October 11, 1971 100 177 October 18, 1971 100 178 October 27, 1971 100 179 October 30, 1971 100 COUNT 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 11 DATE November 5, 1971 November 12, 1971 November 16, 1971 November 23, 1971 November 29, 1971 December 7, 1971 December 11, 1971 December 18, 1971 January 5, 1972 January 10, 1972 January 18, 1972 January 21, 1972 January 24, 1972 January 31, 1972 February 3, 1972 February 9, 1972 _ AMOUNT OF TABLETS 100 100 ° 100 100 100 100 100 100 100 100 100 100 100 100 100 100 COUNTS 196 THROUGH 244 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Chris Scheper, as follows: COUNT 196 DATE September 3, 1971 September 27, 1971 September 29, 1971 October 20, 1971 October 4, 1971 October 6, 1971 October 8, 1971 October 12, 1971 _ AMOUNT OF TABLETS 88888888 12 DATE October 14, 1971 October 18, 1971 October 22, 1971 October 25, 1971 October 27, 1971 October 29, 1971 November 1, 1971 November 3, 1971 Novenber 5, 1971 November 8, 1971 November 10, 1971 November 12, 1971 November 15, 1971 November 17, 1971 November 19, 1971 November 22, 1971 November 24, 1971 November 29, 1971 December 1, 1971 December 3, 1971 December 6, 1971 December 8, 1971 December 10, 1971 December 13, 1971 December 15, 1971 December 17, 1971 December 20, 1971 December 22, 1971 December 23, 1971 January 6, 1972 January 10, 1972 January 12, 1972 January 14, 1972 January 17, 1972 AMOUNT OF TABLETS 8888 8 8 8888888888 888888888888 888 8 100 13 DATE January 19, 1972 January 21, 1972 January 25, 1972 January 27, 1972 January 31, 1972 February 2, 1972 February 7, 1972 AMOUNT OF TABLETS COUNTS 245 THROUGH 278 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Herbert Bruce Holland, as follows: COUNT DATE August 30, 1971 September 3, 1971 September 20, 1971 September 28, 1971 October 12, 1971 October 18, 1971 October 23, 1971 October 29, 1971 November 3, 1971 November 6, 1971 November 10, 1971 November 16, 1971 November 20, 1971 November 29, 1971 December 3, 1971 December 9, 1971 December 11, 1971 AMOUNT OF TABLETS 100 100 14 DATE December 14, 1971 December 17, 1971 December 20, 1971 December 21, 1971 December 23, 1971 December 24, 1971 January 5, 1972 January 6, 1972 January 10, 1972 January 14, 1972 January 18, 1972 January 21, 1972 January 28, 1972 January 31, 1972 February 2, 1972 February 8, 1972 February 9, 1972 _ AMOUNT OF TABLETS 75 50 100 COUNTS 279 THROUGH 283 On or about the dates hereinafter specified for each 15 COUNTS 284 THROUGH 331 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to Roger Wheeler, as follows: COUNT DATE August 26, 1971 August 30, 1971 September 3, 1971 1 September 28, 1971 October 1, 1971 October 4, 1971 October 7, 1971 October 8, 1971 October 11, 1971 October 14, 1971 October 18, 1971 October 20, 1971 October 23, 1971 October 26, 1971 AMOUNT OF TABLETS count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled sustance to, Stephen Frank- lin, as follows: COUNT DATE AMOUNT OF TABLETS 279 January 12, 1972 50 280 January 21, 1972 100 281 January 28, 1972 100 282 February 2, 1972 150 283 February 9, 1972 200 October 29, 1971 November 1, 1971 November 3, 1971 November 8, 1971 November 10, 1971 November 15, 1971 November 17, 1971 November 19, 1971 November 22, 1971 November 24,- 1971 November 29, 1971 December 1, 1971 SSSSSsSsSSSSSSSSSSSSSSSSSSSS ä ee |____ 16 COUNT DATE AMOUNT OF TABLETS 310 December 3, 1971 50 311 December 6, 1971 50 312 December 8, 1971 50 313 December 10, 1971 50 314 December 13, 1971 50 315 December 15, 1971 50 316 December 17, 1971 50 317 December 20, 1971 50 318 December 22, 1971 50 319 December 23, 1971 50 320 December 24, 1971 50 321 December 28, 1971 50 322 January 10, 1972 100 323 January 12, 1972 50 324 January 14, 1972 50 325 January 19, 1972 50 326 January 21, 1972 50 327 January 24, 1972 50 328 January 26, 1972 50 329 January 27, 1972 50 330 February 1, 1972 50 331 February 4, 1972 50 COUNTS 332 THROUGH 358 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Robert Cernig- lia, as follows: COUNT DATE AMOUNT OF TABLETS 332 November 2, 1971 100 333 November 16, 1971 50 — 17 COUNT DATE AMOUNT OF TABLETS 334 November 20, 1971 75 335 November 23, 1971 75 336 November 30, 1971 50 337 December 4, 1971 75 338 December 8, 1971 50 339 December 9, 1971 50 340 December 11, 1971 50 341 December 14, 1971 50 342 December 18, 1971 75 343 December 22, 1971 75 344 December 24, 1971 50 345 January 5, 1972 75 346 January 7, 1972 50 347 January 10, 1972 75 348 January 13, 1972 75 349 January 17, 1972 100 350 January 20, 1972 109 351 January 21, 1972 50 352 January 24, 1972 75 353 January 27, 1972 50 354 January 28, 1972 75 355 January 31, 1972 100 356 February 2, 1972 100 357 February 4, 1972 100 358 February 8, 1972 150 COUNTS 359 THROUGH 360 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule 18 II narcotic drug controlled substance to, Richard L. Jacob, also known as Lloyd Johnson, as follows: COUNT DATE AMOUNT OF TABLETS 359 January 26, 1972 50 360 January 31, 1972 100 COUNTS 361 THROUGH 393 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Robert Fennell, as follows: COUNT DATE AMOUNT OF TABLETS 361 October 1, 1971 50 362 October 6, 1971 50 363 October 14, 1971 50 364 October 16, 1971 100 365 October 20, 1971 100 366 October 27, 1971 50 367 October 29, 1971 50 368 November 5, 1971 100 369 November 8, 1971 50 370 November 12, 1971 100 371 November 16, 1971 100 372 November 20, 1971 100 373 November 24, 1971 100 374 November 29, 1971 100 375 December 3, 1971 100 376 December 9, 1971 100 377 December 1. 1971 100 378 December 14, 1971 50 379 December 15, 1971 100 380 December 17, 1971 100 ü Pf 7˖r „ 19 COUNT DATE AMOUNT OF TABLETS 381 December 20, 1971 100 382 December 23, 1971 100 383 December 24, 1971 100 384 January 5, 1972 100 385 January 6, 1972 100 386 January 10, 1972 100 387 January 18, 1972 100 388 January 20, 1972 100 389 January 24, 1972 100 390 January 27, 1972 100 391 January 31, 1972 100 392 February 3, 1972 100 393 February 9, 1972 100 COUNTS 394 THROUGH 420 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, John J. Evans, as follows: COUNT DATE AMOUNT OF TABLETS 394 October 22, 1971 50 395 October 27, 1971 50 396 November 16, 1971 50 397 November 23, 1971 100 398 November 29, 1971 50 399 December 1, 1971 75 400 December 3, 1971 75 401 December 6, 1971 75 402 December 10, 1971 100 403 December 13, 1971 75 404 December 15, 1971 75 20 COUNT DATE AMOUNT OF TABLETS 405 December 17, 1971 50 406 December 22, 1971 50 407 January 7, 1972 50 408 January 10, 1972 75 409 January 12, 1972 100 410 January 14, 1972 100 411 January 17, 1972 50 412 January 19, 1972 50 413 January 21, 1972 50 414 January 24, 1972 75 415 January 26, 1972 50 416 January 28, 1972 100 417 January 31, 1972 75 418 February 2, 1972 100 419 February 4, 1972 100 420 February 9, 1972 75 COUNTS 421 THROUGH 426 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, William N. Burgee, as follows: COUNT DATE AMOUNT OF TABLETS 421 January 25, 1972 50 422 January 28, 1972 100 423 February 1, 1972 150 424 February 2, 1972 100 425 February 7, 1972 150 426 February 9, 1972 150 23 — ee ee —— 21 COUNTS 427 THROUGH 452 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Elmer Daniel, as follows: COUNT DATE AMOUNT OF TABLETS 427 October 11, 1971 100 428 October 15, 1971 50 429 October 18, 1971 75 430 October 20, 1971 75 431 October 22, 1971 75 432 October 27, 1971 75 433 November 3, 1971 75 434 November 10, 1971 100 435 November 15, 1971 50 436 November 18, 1971 50 437 November 20, 1971 75 438 November 23, 1971 75 439 November 29, 1971 75 440 December 2, 1971 100 441 December 4, 1971 100 442 December 10, 1971 100 443 December 14, 1971 100 444 December 17, 1971 100 445 December 21, 1971 75 446 December 23, 1971 100 447 December 24, 1971 100 448 January 7, 1972 75 449 January 10, 1972 50 450 January 25, 1972 75 451 January 27, 1972 75 452 February 7, 1972 100 22 COUNTS 453 THROUGH 455 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, William Miller, as follows: COUNT DATE AMOUNT OF TABLETS 453 January 13, 1972 50 454 January 18, 1972 100 455 January 24, 1972 100 COUNTS 456 THROUGH 503 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotie drug controlled substance to, John Amtmann, as follows: COUNT DATE AMOUNT OF TABLETS 456 September 1, 1971 50 457 September 10, 1971 50 458 September 20, 1971 75 459 October 8, 1971 75 460 October 11, 1971 100 461 October 14, 1971 110 462 October 18, 1971 100 463 October 21, 1971 75 464 October 25, 1971 50 465 October 28, 1971 50 466 October 29, 1971 100 467 November 2, 1971 100 468 November 4, 1971 100 — — DATE November 8, 1971 November 13, 1971 November 15, 1971 November 17, 1971 November 19, 1971 November 22, 1971 November 24, 1971 November 29, 1971 December 1, 1971 December 3, 1971 December 6, 1971 December 8, 1971 December 10, 1971 December 13, 1971 December 15, 1971 December 17, 1971 December 20, 1971 December 21. 1971 December 24, 1971 December 28, 1971 January 5, 1972 January 7, 1972 January 10, 1972 January 12, 1972 January 14, 1972 January 17, 1972 January 19, 1972 January 21, 1972 January 24, 1972 January 26, 1972 January 28, 1972 January 31, 1972 February 2, 1972 February 4, 1972 February 9, 1972 AMOUNT OF TABLETS 50 100 75 50 100 100 75 75 75 24 COUNTS 504 THROUGH 519 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Jerome Brooks, as follows: COUNT DATE AMOUNT OF TABLETS 504 September 30, 1971 50 505 October 16, 1971 50 506 November 2, 1971 50 507 November 4, 1971 50 508 November 8, 1971 75 509 November 12, 1971 75 510 November 16, 1971 75 511 November 23, 1971 50 512 December 8, 1971 100 513 December 14, 1971 50 514 December 22, 1971 100 515 December 23, 1971 50 516 January 14, 1972 100 517 January 20, 1972 100 518 January 27, 1972 50 519 February 9, 1972 50 COUNTS 520 THROUGH 548 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule — TT — —— ———— II nareotie drug controlled substance to, John Gately, as follows: COUNT 520 521 522 523 524 525 526 527 25 DATE August 27, 1971 September 3, 1971 September 28, 1971 October 4, 1971 October 7, 1971 October 11, 1971 October 15, 1971 October 22, 1971 October 26, 1971 October 30, 1971 November 2, 1971 November 6, 1971 November 10, 1971 November 15, 1971 November 20, 1971 November 24, 1971 November 30, 1971 December 4, 1971 December 8, 1971 December 13, 1971 December 18, 1971 December 22, 1971 December 24, 1971 January 5, 1972 January 12, 1972 January 18, 1972 January 26, 1972 February 1, 1972 February 8, 1972 AMOUNT OF TABLETS 26 COUNTS 549 THROUGH 576 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Robert Povleski, as follows: COUNT DATE AMOUNT OF TABLETS 549 August 26, 1971 100 50 September 2, 1971 100 551 September 8, 1971 100 552 September 20, 1971 75 553 September 27, 1971 75 554 October 1, 1971 100 555 October 12, 1971 100 556 October 15, 1971 100 557 October 22, 1971 100 558 October 25, 1971 75 559 October 29, 1971 100 560 November 2, 1971 100 561 November 5, 1971 100 562 November 9, 1971 100 563 November 12, 1971 100 564 November 16, 1971 100 565 November 19, 1971 100 566 November 22, 1971 100 567 November 24, 1971 100 568 November 30, 1971 100 569 December 3, 1971 100 570 December 7, 1971 100 571 December 10, 1971 100 572 December 13, 1971 100 573 December 17, 1971 100 574 December 20, 1971 100 27 COUNT DATE AMOUNT OF TABLETS 575 December 22, 1971 50 576 December 24, 1971 150 COUNTS 577 THROUGH 606 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, James B. Fra- zier, as follows: COUNT DATE AMOUNT OF TABLETS 577 August 27, 1971 50 578 September 3, 1971 75 579 September 27, 1971 75 580 October 1, 1971 75 581 October 4, 1971 75 582 October 8, 1971 50 583 October 12, 1971 75 584 October 15, 1971 75 585 October 18, 1971 100 586 October 20, 1971 50 587 October 23, 1971 50 588 October 26, 1971 50 589 October 30, 1971 50 590 November 4, 1971 50 591 November 8, 1971 50 592 November 17, 1971 50 593 November 22, 1971 50 594 November 29, 1971 50 595 November 30, 1971 50 596 December 3, 1971 100 597 December 13, 1971 50 598 December 20, 1971 100 28 DATE January 7, 1972 January 11, 1972 January 17, 1972 January 21, 1972 January 25, 1972 February 1, 1972 February 4, 1972 February 7, 1972 AMOUNT OF TABLETS 100 50 75 100 75 50 50 75 COUNTS 607 THROUGH 639 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Dennis Smith, as follows: COUNT 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 DATE August 30, 1971 September 2, 1971 September 24, 1971 September 28, 1971 October 1, 1971 October 4, 1971 October 8, 1971 October 12, 1971 October 15, 1971 October 18, 1971 October 22, 1971 October 26, 1971 October 29, 1971 November 2, 1971 November 5, 1971 November 8, 1971 AMOUNT OF TABLETS ~ or 888888888 8 2 3 DATE AMOUNT OF TABLETS November 11, 1971 November 16, 1971 November 19, 1971 November 24, 1971 November 29, 1971 December 1, 1971 December 4, 1971 December 14, 1971 December 16, 1971 December 22, 1971 December 24, 1971 January 7, 1972 January 12, 1972 January 17, 1972 January 26, 1972 75 February 1, 1972 50 February 9, 1972 100 A TRUE BILL: 8 888888888888 8 3322323328388 828 /s/ John Valdemar Reistrug Foreman /s/ Harold H. Titus, Jr. Attorney of the United States in and for the District of Columbia UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Holding a Criminal Term Grand Jury Sworn in on April 3, 1972 THE UNITED STATES OF AMERICA v. THOMAS W. Moore, JR. Criminal No. 1350-72 U. S. Mag. No. 22-531-72 Violation: 21 U.S.C. 841(a) (Unlawful Distribution and Dispensation of Controlled Substance) The Grand Jury charges: COUNTS 1 THROUGH 5 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II, — drug controlled substance to, Bobby J. King, as ollows: COUNT DATE AMOUNT OF TABLETS 1 September 27, 1971 50 2 January 5, 1972 50 3 January 5, 1972 50 4 January 10, 1972 50 5 January 10, 1972 50 COUNTS 6 THROUGH 9 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified 91 amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Karen Bryan, also known as Lynn A. Ryan, as follows: COUNT DATE AMOUNT OF TABLETS 6 February 2, 1972 50 7 February 4, 1972 50 ~ February 8, 1972 100 9 February 9, 1972 150 COUNTS 10 THROUGH 14 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, Ivan Gower, as follows: COUNT DATE AMOUNT OF TABLETS 10 September 3, 1971 100 11 January 28, 1972 50 12 January 31, 1972 100 13 February 4, 1972 100 14 February 7, 1972 100 COUNTS 15 THROUGH 18 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to Forris Ensor, as follows: COUNT DATE AMOUNT OF TABLETS 15 August 27, 1971 100 16 November 17, 1971 100 * 32 COUNT DATE AMOUNT OF TABLETS 17 November 19, 1971 100 18 January 4, 1972 100 COUNTS 19 THROUGH 21 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolop une tablets, a Schedule II narcotic drug controlled substance to, Herbert Bruce Hol- land, as follows: COUNT DATE AMOUNT OF TABLETS 19 August 30, 1971 100 20 February 8, 1972 100 21 February 9, 1972 100 COUNTS 22 THROUGH 26 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to Roger Wheeler, as follows: COUNT DATE AMOUNT OF TABLETS August 26, 1971 December 22, 1971 December 23, 1971 December 24, 1971 February 4, 1972 COUNTS 27 THROUGH 32 SRE 88888 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, IR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II na — 41 controlled substance to William N. Burgee, as fo : COUNT DATE AMOUNT OF TABLETS 27 January 25, 1972 50 28 January 28, 1972 100 29 February 1, 1972 150 30 February 2, 1972 100 31 February 7, 1972 150 32 February 9, 1972 150 COUNTS 33 THROUGH 34 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II —— drug controlled substance to, Jerome Brooks, as ollows: COUNT DATE AMOUNT OF TABLETS 33 September 30, 1971 50 34 February 9, 1972 50 COUNTS 35 THROUGH 38 On or about the dates hereinafter specified for each count, THOMAS W. MOORE, JR., the defendant herein, within the District of Columbia, knowingly and unlaw- fully distributed and dispensed the hereinafter specified amounts of 10 milligram dolophine tablets, a Schedule II narcotic drug controlled substance to, James B. Frazier, as follows: . COUNT DATE AMOUNT OF TABLETS 35 August 27, 1971 50 36 February 1, 1972 50 COUNT DATE AMOUNT OF TABLETS 37 February 4, 1972 50 38 February 7, 1972 75 A TRUE BILL: Foreman Attorney of the United States in and for the District of Columbia 85 (TRANSCRIPT OF SEPTEMBER 12 [5] THE COURT: Now, the other matter that we have apart from discovery—and, I assume Dr. Moore and his counsel have complete discovery—The problem that I have is that I think that the defense is entitled to a more explicit statement of the theory of your case. [6] MR. ALTO: Ves, your honor. I would be glad to do that. THE COURT: Would it be best to do that by way of a Bill of Particulars, or would it be est to do that by some oral statement, or how do you want to do that? MR. ALTO: I expressed to Mr. Brown my theory of the case over the telephone yesterday. THE COURT: Lou see, the Court kind of wants to be in on it, too, since I have to try it. MR. ALTO: Yes. I would like to tell your Honor the theory of the case. I will start at the end first and then trace it back to the beginning. I don’t want to appear to be too basic with the Court. The theory of the Government’s case is that the doctor was conducting methadone maintenance when he wasn’t authorized to, contrary to law. THE COURT: Not authorized by statute. MR. ALTO: Not authorized by statute and not au- thorized by registration with the Federal Food and Drug Administration. THE COURT: That is a regulation requirement or statutory requirement? MR. ALTO: Well, I started at the end, and that is the reason I would like to go a little bit back to the be- ginning, because it is a little complicated in the sense of the [7] statute. Of course, we have the Controlled Substance Act stat- ute dealing with these regulations. We have exceptions within that statute as it applies to particular scientists. One of the scientists is, of course, a medical doctor, who can, if he is registered with the appropriate federal agency, dispense the controlled drugs within the course of his professional practice. The statute also provides that the Attorney General of the United States has the authority to promulgate rules and regulations governing these registrations. There are two types of registrations a doctor can get. One is with the BNDD, which is a registration to give out prescriptions solely for the purpose of detoxifying with respect to methadone. The second registration is called an IND registration, which is one obtained by a doctor with the Federal Food and Drug Administration. IND means investigation of new drug. And, that is a registration that entitles a doctor to conduct methadone maintenance. In Dr. Moore’s case, the evidence would show—I prof- fer this—that his IND registration was revoked prior to the dates alleged in the indictment. He still retained during the time of the dates in the indictment until the present [8] date his registration with BNDD authorizing him to give out prescriptions. Now, with respect to the regulation that governs the registration or scope of the registration that he had, I refer your Honor to the Aitorney General’s rules and regulations cited in the Federal Register, Volume 36, Number 80, dated April 24, 1971, Part II. On Page 7799 the regulations go into the governing rules with respect to prescriptions. And, the Government would rely on the Section numbered 306.04. And, the two main sections or the two main parts of that section that apply to this case, that is, the specific theories of the Government’s case, is section (a) which states in part: A preserip- tion for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner, acting in the usual course of his profes- sional practice.” It is the Government’s contention and theory that the conduct by Dr. Moore in giving out these prescriptions was not for a legitimate medical purpose, and secondly, that he was not acting in the usual course of his profes- sional practice. The second aspect of that regulation is part (e), which states in part: “A prescription may not be issued for the dispensing of narcotic drugs to a drug addict for the 37 purposes of continuing his dependence upon such drugs.“ 19] It is the Government’s contention that these pre- scriptions were issued to maintain these drug addicts as drug addicts, and that he was not issuing these prescrip- tions to detoxify them, but retaining them as drug ad- dicts. So, that really all boils down to the end result of what I stated, that he was conducting methadone main- tenance or maintaining drug addicts rather than detoxi- fying them as he was only authorized to do by his regu- lations, and by his violation of these regulations he vio- lated 841(a) of the CSA. THE COURT: I will take that statement which you made, Mr. Alto, in the nature of a Bill of Particulars, and limit your proof accordingly, and it will be of notice to Mr. Brown as to the theory of the case. MR. ALTO: Yes, your Honor. THE COURT: Are there any other problems that we need to deal with today? Have you had discovery, Mr. Brown? MR. BROWN: Yes, your Honor, except we would like an opportunity to obtain copies of the records of Dr. Moore that the Government intends to produce. At this time we have no way of refreshing his recollection. MR. ALTO: No problem. THE COURT: You will have access to any exhibits or anything of that kind that is going to be used. There will be no problem. [10] MR. ALTO: No problem with that at all, your Honor. Mr. Brown can come to my office any time and examine those records any time he wishes. THE COURT: If they are Dr. Moore’s records, he is entitled to make copies. MR. ALTO: He can make copies. THE COURT: Is there anything else? MR. BROWN: Just one thing for the record, if your Honor please. I would ask leave of the Court to file a Motion to Dismiss the Indictment pursuant to such in- terpretation that I give to the Bill of Particulars. THE COURT: You are always free to do that. We want to get that out of the way before trial if it is not going to be acted upon favorably. So, you had better get at that. MR. BROWN: Fine. [DIRECT EXAMINATION OF BOBBY KING] [59] Q Okay. Now, when you went to Dr. Moore’s the first time, what happened, what occurred? A You mean the procedure we went through? Q Yes. When you first went there, did you apply when you first went there? A No. Q Okay. Would you explain to the Court and the jury what occurred then when you first went there? A When I first went there, I went there with a friend, and my friend, he was in the program, he was getting the methadone, and we was sharing—he would pay half and I would pay half—and he would obtain the methadone. Q What would you do with the methadone, your share of it? A We would split it; and I would take mine and he would take his. Q Now, how much of that methadone were you tak- ing during that time? AI don’t exactly know the exact amount I was tak- ing, but I was taking enough to get high. Q To get high? A Yes. Q What do you mean? Will you explain to the Court and jury what you mean by taking enough to get high? A Well, my friend explained to me about how much I was [60] supposed to take, and I proceeded from there. Probably take a spoon, teaspoon, little teaspoon, and see the effects of that, and take more if necessary for me to get high. Q Now, where would you share with your friend, this methadone that he got from Dr. Moore? A I am sorry, I didn’t understand. , Where would you share it; where would you divide it up? A Occasionally on the street. Some time we would go to the school, my house, I live around the corner. Q Did there come a time when you, yourself, actually applied to see Dr. Moore? A Yes, there did. Q Why was that? A My friend, it was near the end of school, he left to go back—school was out and he left to go back home to Boston. Q That caused you to apply at Dr. Moore’s yourself, is that right? A Yes. Q What happened when you went in there to apply? A You mean the procedure, right? Q Yes. A The nurse asked for some ID, stating my age, my required age, and I be 21. I showed her the necessary ID. She give me some forms to fill out and she put an X where I [61] was supposed to sign my name. She said: Make sure you read the statement. I read the statement and signed my name, as necessary, and filled out the proper data on each one. Q What happened after you filled out these forms? A She—I was given an urinalysis. Q How was that? How were you given the urinaly- sis? A She gave me a cup and I went in the back to the bathroom and I gave her an urinalysis. Q Was anybody back in the bathroom to watch you do that? A I gave her urine for urinalysis. Q Was a supervisor or anybody there watching you give the urine? No. Was any other physical examination given you? No. Was your blood pressure taken? OPO POP 40 A Yes, my weight was taken. Yes, my weight and height. Q Now, after that occurred, what happened then, after that? A I don’t recollect exactly, but she told—I think she told me to—oh, yes, she gave me a form to fill out and to go to B & W Laboratory on Georgia Avenue. I was supposed to go [62] there; and I never did go. But she told me to come back the next day. Did you go back the next day? A Yes, I did. Q Did she question you about getting that done or getting that form filled out? A No. Q Okay. What happened then the next day when you went back there? A I went back and got in proper line-up and I saw the Doctor. Q How long did you wait before your name was called? A Well, occasionally, I made it a habit of being at least in the first ten or fifteen. Q Okay. A So, approximately, a half hour wait. Q When your name was called, were any other names called with your name? A Some people that before me was called, yes. Q And a grouping of how many would be called at one time? A Five, approximately five. Q Where would you all go then? A We would proceed in the back to the nurse’s sta- tion I would suppose; and we would then wait individual- ly to see [63] the Doctor. And she would call us off indi- vidually to see the Doctor. We would go behind to see the Doctor individually. Q The first time you saw the Doctor, when you were called into the office, will you describe what occurred? A I went in to Dr. Moore’s office and, yes, he looked at my arms. Well, he questioned me about heroin, and everything. I don’t know the exact questions. I know he 41 questioned me; and then he looked at my arms; and asked a few more questions; I suppose; and then he gave me my prescription, my methadone. Q Did he give you a liquid or prescription the first time you went there? A It was liquid. Q How much did he give you, do you recall? A I don’t know the exact milligrams, how much it was. I know it was half a bottle. Q A half a bottle? A Yes. Did he tell you how to use it? A The direction was on the bottle. Yes, the direction was on the bottle. Q Okay. Did you take that out with you, take it home with you? A Yes. I And when you left there, how much of that did you take [64] A I would take enough to get high. Q To get high. How often were you going back to Dr. Moore when he was giving liquid methadone? A Approximately every two days, I suppose; some- times every day depending upon what I took. Q Okay. A How much I took. Q Were you also getting high when you took the meth- adone you got? A Yes, I was getting high. Q Now, M.. King, there came a time when Dr. Moore began to write prescriptions for Dolophin pills, is that correct? A Yes. Q And did you go to him with reference to getting prescriptions for methadone in pill form? A Dolophin? Q Dolophins, yes. A Yes. Q What would happen when you would go for the Dolophin prescriptions? A The procedure? 42 Yes. 3 He used—it was the same procedure as for metha- done. The nurse would call approximately five individ- uals, and we would go in the rear to the nurse’s station, and you would see [65] the Doctor individually, each person, as before, with the methadone. What would happen when you would be called into the office? A Well, I would go into the office and the Doctor would—he would say—the first time, the first few times I went in the office, he prescribed 50 pills, 500 milli- grams. Q Fifty pills, right. What would he usually say to you, if anything, when you first walked into the office; or what did you say to him? A Well, later on in the program, when I walked into the office, he would say: What can I do for you? And what would you say? A Well, depending upon the amount of money I had, I would either say, 100 pills or 50, depending upon the amount of money I had. What were the fees he charged? A I think approximately $35 for 100 pills. Q Did you say $35 for how many pills? A One hundred pills. How many for 50? THE COURT: You mean $35 for a prescription to take to the drugstore? THE WITNESS: Yes. THE COURT: For a hundred pills? [66] THE WITNESS: For a hundred pills, right. $15 for a prescription for 50 tablets. BY MR. ALTO: Q Okay. Do you know how much he charged for a prescription for 75 tablets? No. Q Did you ever get a prescription of 75 tablets? A Not as I recollect. Q $35 for a hundred and $15 for fifty? A Yes. > * a, where would you take these prescriptions to A There was three drugstores, Associate, Petworth, and—Associate, Petworth— A Les, they would. Q And would they charge you money for filling the prescription ? A Yes. Q What would it cost to fill a prescription, say, a prescription for 1007 A 35.25, I think. oils . What would they charge for a prescription for 50 [67] A $2.50, I think. Q Now, what were you doing with these pills? A I was taking the necessary amount for me to get high; and I sold the rest. Q Okay. How much were you selling them for? A A buck and a half. Q Okay. THE COURT: A pill? THE WITNESS: A buck and a half for each tablet. THE COURT: Per tablet? THE WITNESS: Yes. BY MR. ALTO: Q You were selling them on the street, were you? A Yes. Q Now, when you first started getting prescriptions from Dr. Moore, how many a day were you taking? A When I first started, I was taking approximately two to three per day. Q Did it increase or decrease as you kept on going back? A My tolerance rose and, therefore, my individual well, the amount of pills for me to get high increased. Q How many pills were you taking at the end per day? A Approximately 30, 35 pills per day. 44 Q When did you first become addicted to methadone? A I can’t remember the exact date, but it was some time [68] in—are you saying liquid methadone or the tablet, Dolophin? Q Were you addieted to methadone before you went to Dr. Moore? A Let's see. Yes, I would say so. 1 Q You were addicted to methadone before you went to im? A My friend and I, when we was going together, I got addicted during that time. Q Okay. When you were getting the prescriptions from Dr. Moore, approximately how often were you go- ing there? A That depended upon the amount I got the day before or how many I sold; but, approximately, I would go there approximately once a day or every other day and sometimes—I can remember once or twice—twice a Q You went there twice a day? A Yes. Q On some occasions? A I think in one or two cases, twice. Q How would you do that? A Well, the Doctor, he had a program where you could see him between the hours of 12:00 and 2:00 and the hours between 5:00 and 8:00. I would go there be- tween 12:00 and 2:00 and also between 5:00 and 8:00. But I didn’t do this no more than once or twice. Q And would you get a prescription each time? 1691 A Yes. Q Did he ever question you about your having been there earlier in the day? A No. Q Did he ever ask you how many of those pills you were using? A No. Q Did he ever tell you how many to use to detoxify? A Well, he didn’t say how many to use to detoxify, but the directions was on the bottle after you received it from the individual prescription shop. 45 Q Did Dr. Moore ever give you any directions, he, himself, give you any directions on how to use these pills, how many to take? A Well, he told me not to try—not to try to use the pills intravenously. Q You mean inject them? A Right. Q Can you inject those pills? A It can be done. [CROUSS-EXAMINATION OF BOBBY KING] [109] THE COURT: You had no regular appoint- ments? THE WITNESS: I had no regular amount. In other words, I would get THE COURT: My question is not amount. Did you have regular appointments with the Doctor? Did he expect you to come back at a particular time, instruct you to come back at a particular time? Do you follow what I am saying to you? I am not talking about the amount. Say you were in Tuesday. Did he set a time for you to come back again? THE WITNESS: No, he didn’t really set a time. I came back on my own. THE COURT: So you came back when you had the money? THE WITNESS: Right, the money and—right, the money. THE COURT: The dosage, then, was based on what you could buy? [110] THE WITNESS: Correct. 46 [DIRECT EXAMINATION OF KAREN BRYAN] [134] Q Did you have occasion, Officer Bryan, to visit the offices of Dr. Thomas Moore at 1520 9th Street, Northwest? A Yes, I did. Q Directing your attention to February 2, 1972, did you visit his offices then? A Yes, I did. Q What occurred when you went in the office? A I went into the office and approached the secretary, and I said: May I please see the Doctor? [135] And she asked me for an ID; and I handed Q Excuse me, Officer Bryan. Can you get a little closer to the microphone so I can hear you all the way back here. THE COURT: She asked you for an ID, you say? THE WITNESS: Yes, sir; and I handed her an ID made under the alias of Lynn Ryan. Q Okay. 331 Did you fill out those forms? es, sir. What happened next? I handed her the jacket and she put it in a pile of other new applicants. Q After that was done, what did you do? A I waited in the waiting room until my name was called. Q How long was it before you name was called? A Maybe an hour, an hour and a half. 1 — Wnat happened then after your name was A I and about four, five others went into a hall- type room adjacent from his office, and the nurse asked to see my marks; and I showed her my arm; and she took my blood pressure and my weight; and I had to give a urine sample. 47 [136] Q Okay. Was anybody present when you gave this urine sample? A No, sir; I closed the door behind me. Q Did you do anything to the urine? A No, sir. Q Now, were you a user of narcotic drugs in any way? A No, sir. Q What happened after she took the blood pressure, the weight, and you gave the urine? What happened after that? “a We were called one at a time into Dr. Moore’s ce. Q And after you went through this various testing, did you go back in the waiting room or wait in line? A No, sir; we stood in the same group; and then we were called one-by-one into his immediate office. How many were in the group waiting to see him? There were about five or six of us, sir. Where were you waiting with relation to his office? We were waiting in the hall, which is right beside — OO YO ONO Were you all standing or sitting? We were standing at the time. What were you in that line? In the middle, sir. Okay. Now, there came a time you were called into the Doctor’s office? 1371 A Yes, sir. Q Will you describe to the Court and the jury what transpired when you went into the Doctor’s office? A Yes, sir. I went in and he asked me what he could do for me; and I said, I would like some Dolophins. He said: Let me see your trackmarks. And I showed him my arm. And he wrote me a script for 35 Dolophins— 50 Dolophins, excuse me. Q Now, did you have anything on your arm? A Yes, sir, I did. Q What did you have there? A I had marks that were given to me by a doctor at the police clinic. 48 What kind of marks were they? Needle marks. About how many were there? Seven. And were they on both arms or one? Just one. N Did the Doctor look at both your arms or just one A Just one. Did he ask to look at the other arm? A No. Q Was there any other conversation with Dr. Moore at that time? [138] A None that I can recall. Q How long were you in the office? A Not more than three minutes. Q What did you do then? What happened next? A I went out and I tried to give the nurse the money, to pay for the script, because I didn’t pay Dr. Moore at the time. And I said: How much is it for the visit? She said, she looked at me, and kind of laughed. So she said: Nothing. And I walked out. And I went end had my prescription filled. Q Where did you get it filled? A Up the street at Associates. Q Okay. And did you receive the filled-out preserip- tion from the drug store, Associates? A Yes, sir. Q Was that prescription eventually taken to the United States Chemist at the Bureau of Narcotics and Dangerous Drugs? A Les, sir, it was, sir. Q When was the next time you went back to Dr. Moore, if you did? A I went back on the 4th. Q Two days later? A Yes, sir. rere 49 Q What happened when you went in the office there? A I went into the office and I handed the woman my I.D., [139] and she pulled my jacket; and then I waited until my name was called. Q About how long did you wait? A About an hour, an hour and a half. Q Approximately how many people were in the office while you were there? A I would say approximately 40 or 50 people, but it is hard to say, because as people were going into his office and leaving, there were more coming in. So it is really hard to say. Q Okay. So you waited until your name was called. Was anybody else’s named called when your name was called? A Well, he took groups at a time and we waited in the hall, the same as when I was there a couple days before. About four, five of us. Q Now, there came a time when you were called to go into the Doctor’s office, is that correct? A Ves, sir. Q And what happened this time, on February 4? A I went into his office and he said: What can I do for you? I said: I would like 50 more. And he wrote me a script for 50 Dolophins; and I gave him $15. Q Any other conversation? A No, none that I can recall. 140] THE COURT: You say you gave him $15. Did he determine that or did you just hand him that? THE WITNESS: No, sir, that was the price. THE COURT: Who quoted the price to you? THE WITNESS: It was common knowledge in the waiting room; everybody talked price. BY MR. ALTO: Q Did he accept the $15. A Yes, sir. I gave him a twenty and he gave me five back. 50 Q Did you receive from Dr. Moore any directions as to how to use these pills? A No, sir. Q Did you receive any other physical examination be- side blood pressure, weight, and the giving of a urine specimen? A No, sir. THE COURT: Did you receive that examination on the second visit? THE WITNESS: No, sir, that was on the first time. THE COURT: Just on the first visit. BY MR. ALTO: Q Was there any subsequent examination after that? A No, sir. Q On the second visit, did Dr. Moore ask to look at your arms? [141] A No, sir. Q Did Dr. Moore make any reference to the urine re- sults? A No, sir. Q When is the next time you went back, if you did? A I went back on the 8th. Q Four days later? A Ves, sir. 3 And what transpired when you went back on the 8th? A Well, it was basically the same thing. I went in and I handed the nurse my ID; and she pulled my jacket; and when my name was called, and I went into his office, I asked him for 100 pills this time. Q Let me stop you. How long did you wait this time before your name was called? A It was a pretty long while, because there were people in and out. He had lawyers in there asking for affidavits; and he was on the phone a lot. Q Okay. When your name was called, other names were called also, is that correct? A Yes, sir. Q You waited in line, right? 51 A Yes, sir. Q What happened when you were called into the Doctor’s office on February 8? A I asked Dr. Moore for a prescription for 100 Dolophins. 1421 Q And what did he do? He gave me a script for a hundred pills. Did he say anything else to you? None that I can recall. Was any payment made to him? I paid $35 for that script. Did you give that $35 to Dr. Moore? Yes, sir. And did he accept it? Yes, sir. When was the next time you went back? The next day. February 9? Yes, sir. What happened on February 9? I went into the office and I handed the woman my ID card; and she pulled the file; and it was only—it was really kind of confused that day because there were hardly any more Dolophins left in the City, and people were really getting panicky, and they were trying to get in to see the Doctor. Q How many people were in that office that day? A It was really hard to say because there were just so many. I know that there is seating capacity for about 25 people in his office; and we were sitting on laps and sitting on the floor and on the front steps, and it was— it is really [143] difficult to say, sir, how many, maybe about 80 people. Q Did there come a time you got to see Dr. Moore that day? A Yes, sir. Q And what occurred when you were called into the office? A He was on the phone at the time and he was ap- parently on hold; and I asked him He looked up and said: What can I do for you? PO PO PO PO PO PO POP And I said: 150. And he gave me a script for 150; and I gave him $50. Q $50? A Yes, sir. Did he receive and accept the money? A Yes, sir. 52 53 [DIRECT EXAMINATION OF FORRIS ENSOR] [170] Q Okay. Now, do you recall about when you started going back to Dr. Moore to get Dolophin pre- scriptions? A The end of August. Like I said, I am not posi- tive of the date. Q Okay. Approximately how often were you going to Dr. Moore to get the prescriptions? A In the beginning? Q When you went to get the prescriptions? A Well, in the beginning, I was just going like once a week. It began to be twice a week; and I think the most it ever was was three times a week. Q How many of those Dolophin pills were you taking in the beginning when you first went to get the pre- scription? A How many pills? Yes. [171] A Between, I guess between five and ten in the beginning. Q Now, were you getting high in the beginning on taking between five and ten? A Not really, real high, but I was feeling nice, you know, because I hadn’t taken anything for three weeks, but I still was really sick, I still had the habit, but I just again, I just like tried to get off, but I couldn’t. I guess I could have if ! wouldn’t start it again. Q How many of those pills did you need in the be- ginning just to stabilize yourself, that is, to keep from getting sick? A I guess about five. Q About five. Now, as you went to Dr. Moore, did your in-take of pills increase or did it decrease? A Did I increase my pills? Q Yes. | A Yes, sir, I did. Q What did you increase them to? 54 A Well, like I said, I was taking between five and ten; and then I started taking fifteen and then twenty and then twenty-five and thirty. I got up to—I got as far as, I think the most I ever ate was almost seventy. Q You say, almost 70. You mean 70 pills at one time? A Right. Q Why did you do that? {172} A Because after a while, I was eating so many, that if I wanted to feel good or feel high, I would have to eat that many. Q What determined how often you went back to Dr. Moore to get a prescription? A Well, usually when I ran out, I would go back. MR. BROWN: I am sorry, I didn’t hear the answer. THE COURT: “Usually when I ran out, I would go BY MR. ALTO: Q What were the fees Dr. Moore charged you for the prescriptions? A $35. THE COURT: For what? BY MR. ALTO: Q For how many pills? A $35 for a hundred pills. Q Did you ever get a prescription for 50? A No, sir, I got one prescription for 75. That was just one. Q What were all your other prescriptions? A A hundred. Q A hundred. What was the fee for 75? A I think it was $25. I only got it once. I am not real positive. I think it was $25. [174] Q Mr. Ensor, I am going to hand you a packet of 26 prescriptions marked Government’s Exhibit No. 5. Please keep them in chronological order and examine them to determine if they were prescriptions given to you by Dr. Moore. — 55 A Yes, sir, they are mine. Q Are they all prescriptions Dr. Moore gave you? A Yes, sir, they are; they have my name on them. Q What is the starting date, the first prescription, [175] and the last date? A The first one is 8/— Q 27? A I think, either 8/27 or 8/11. THE COURT: Seventy-one? THE WITNESS: Seventy-one. And the last one is 1/4/72. BY MR. ALTO: Q January 4, 72. Were they all for 100 except for one, which is 75? A Yes, sir. MR. ALTO: If Your Honor please, the Government moves the admission into evidence of Exhibit 5. THE COURT: It may be received without objection. (Whereupon, Government’s Exhibit No. 5, previ- ously marked for identification, was received in evi- dence. ) BY MR. ALTO: Q I see from the prescriptions, Mr. Ensor, that you got a prescription on October 28 for 100, and went back the next day and got a prescription for 100, also, two days in a row. Does that sound right? A No, it doesn’t. I never went back two days in a row. [176] I am sure of that. I have gone back, like I went one day and skipped a day and went back, but I am almost positive I never went two days in a row. I think maybe the days are wrong. Q You used to go back every other day sometimes? A I have done that but I know I never went back, like, today and then the next day, because I never did; I know that. Q You would go back sometimes every other day? A Yes, sir. 56 Q Did you ever have any conversation with Dr. Moore with respect to your being back there so soon? A Well, a few times he said, you know, he said that— you know, he said: Weren’t you just here? And he said: Try not to come so often. But that is about all. Q Did you ever have any conversation with him with reference to how many pills you were taking? A In the beginning, he would tell me—he told me to take five pills in the morning and five pills in the even- ing. Q Did he tell you that, personally? A Yes, sir. And he also had it written on the pre- scription blank. Q Okay. Did you ever have any further conversation with him after that, after the beginning, about how many you were taking and why you were coming back so often? A No, sir. [177] Q Did you ever sell any of those pills? A No, sir. Q Did you ever get any directions from Dr. Moore on detoxifying? A When I first went there, the Doctor said that I would have to detoxify myself in 21 days; but I never heard any more about it after in the beginning; so I just kept coming. Q In other words, after the 21 days, you kept on going back? A Yes, sir. Q And you kept on getting prescriptions for a hun- dred, is that right? A I couldn’t hear you. Q And you kept on getting prescriptions for a hun- dred? A Yes, sir. Did you have any other conversation with him about detoxification? A Not except in the beginning. 57 [REDIRECT EXAMINATION OF FORRIS ENSOR] [194] Q Now, when you went to this doctor in Balti- more to be detoxified in ten days, was that to be detoxi- fied from methadone addiction or Dilaudid addiction? A Methadone. 2. Where had you picked up that methadone addic- tion A From Washington. Q From Dr. Moore, is that correct? A Right. Q The prescriptions show, Mr. Ensor—I want to ask you a question—in August, you got 1,000 milligrams, September, 4,000, October, 6,000, November, 7,000 mil- ligrams, December, 7,750 milligrams. Did you ever have any conversation with Dr. Moore why you were getting an increase in milligrams each month 1 why he was giving them to you? A No, sir. 58 [DIRECT EXAMINATION OF ROGER W. WHEELER] [202] Q Did Dr. Moore ever question you about your coming back, how many pills you were taking, or what with them? might have but I don’t recall. i ever sell any of these pills? friend of mine that I knew was using meth- sick, or something, one day, I might, but not n at all. prescriptions show that all of your prescrip- for two out of the 48 were for 50 Dolophin two were for a hundred. Now, what deter- —8 95 2 R 7 12 < 8 0 e- rb f 8. : E Z 1 * FEE Be 5 8 8. phin prescriptions, that is, the first one of August 3, 1971, how many of those pills were you taking a day? A It is such a long time ago, I don’t know. Usually I would take 15, 25. It would all depend on my mood for the day. Q What do you mean, your mood? Were you getting high from these pills or just keeping you from getting sick in the beginning, when you were taking 15 to 25? A I was using them to get high. 59 [DIRECT EXAMINATION OF IVAN GOWER] [226] BY MR. ALTO: * Sir, would you please state your name. Ivan Gower. How do you spell your last name? G-O-W-E-R. How do you spell your first name? I-V-A-N. How old are you, Mr. Gower? Twenty-one. J Q In what city do you live? A Baltimore, Maryland. Q Did there come a time that you visited the offices of Dr. Thomas Moore on Ninth Street in Washington, D. C., Northwest? Yes. Do you remember when you first went to him? December 69 or December 70. Could it have been December of 1970? Yes. And what was your reason for going to him? To get Dolophins. Were you addicted to any narcotic drug at that ? A No. Q Why did you want to get methadone? A Just to get high. Q Will you get a little closer to the microphone so we can hear you back here. You say, just to get high? A Yes. Q Now, what occurred when you first went to his office? A I got weighed, blood pressure, filled out an appli- cation. Q Okay. Did you give a urine specimen? A Yes. Rpoporopreo — Ü Forer 60 {[227-A] Q Had you had any narcotic drugs in you at the time you gave that urine specimen? A I don’t think so. Q What occurred when you first saw the Doctor? A He asked me how I was doing, what could he do for me. Q What did you tell him? A I told him I wanted to purchase some methadone. Q And what occurred then? A He asked—well, I am not sure exactly what the exact words were, but was some talk about how much money; and I think I give him $15 and he gave me a bottle of liquid methadone. Q So it wasn’t Dolophin when you first went there, it was liquid, is that correct? A Right. Q Now, did you drink that bottle there or did you take that out? A No, he gave me a small cupful there, to drink there, and a bottle to take home. It was a half a bottle. Q Now, did you drink that methadone? A Yes. Q What was your reaction to it? A Got loaded. Q What do you mean, you got loaded, you got high? A High, yes. [228] Q How often did you go back to Dr. Moore to get liquid methadone? A At least once or twice a week. Q And did you always use that methadone to get high? A Yes. Well, eventually, I did get addicted to it. Q How long was it before you got addicted to it? A Maybe, I don’t know, a month or two. Q Did there come a time, then, Mr. Gower, you got * 2 Moore's Dolophin prescription program? es. Q Do you remember approximately when that was? A Around August or September. Q Incidentally, going back to the first time you went to Dr. Moore, did he ask to look and see if you had any track marks? 61 A No, he didn’t look at mine. He didn’t look at my arms, no. Q When you went back to get Dolophin prescriptions, were you given any examination at that time? A I can’t remember. I may have and may not. I don’t know. Q The first time you went there for Dolophin pills, what occurred? A Just asked me how many did I want; and I told him; and I gave him the money; and I got the prescrip- tion. [229] Q How often would you go back to get those pills? A Couple times a week usually. Q What determined how often you went back? A How much I had. What were the fees that Dr. Moore charged? A U think it was $15 for 50 and $25 for 75 and $35 for a hundred; and [ think it was $55 for 150. Q Now, why did you go back—you were on the liquid program. Why did you go back and get the Dolo- phin prescriptions? A Well, he stopped dispensing liquid. All right. A I think he was down for a week or something, I am not sure, and then he started giving out the prescriptions. Q When you used to go in his office once or twice, three times a week, how many people would be in the office there? A Usually couldn’t—just about get in the door. Q Could you make an approximation? A Maybe about a hundred, I don’t know, 75. Q What would happen, generally, when you would walk in? A Gave your name to the nurse, receptionist, and she take your folder out and lay it down. Q What would you do then? A I had a card at one time and she would put the date on the card, on the appointment card. [230] Q Then what would you do after she pulled your folder? Sit down and wait until my name was called. How long did you usually wait? It would be an hour and a half, two hours. What would happen when your name was called? Go in the hall and wait. Were any other names called beside yours when your name was called? A Usually called maybe two or three at a time. Where would you all go? A Into a hallway; and he would take us in one-by-one. Q And what, generally, would happen every time you would go in there? A The same thing. Just ask me what he could do for me; and I would tell him. Q Did he ever give you any directions on how to use the Dolophin pills? A Once in a while he would ask me how many I was taking a day; and I would tell him. That was about it. Q Did he ever give you any advice that you were doing wrong or that you should do it this way? A Not that I can remember. Q Did you ever have any discussions with Dr. Moore during the time you were getting these prescriptions about detoxification? [2311 A I think one time I got arrested and I wanted I was afraid I was going to go to jail; and I asked about getting detoxified; and I think he said something like that he had too many patients and didn’t have the time, you know, to work with just me alone, whatever —something to that effect—about detoxifying me, I mean, that is, increase my dosage. Because at that time, I was pretty well addicted. Q Did you ever go there two days in a row? A I think so. Q Did you ever have any argument with Dr. Moore — the time that you were getting these prescrip- tions A Once or twice about money, if I was short money. Q What were the arguments about? A Might be a couple dollars short, and he would say, you know, a lot of people were coming to him and telling OO HO — — — ſ— — him that they were short money, and he just couldn't do it any more; and I would go out and borrow the money from other people and come back in and get my preserip- tion. Q Now when you first started getting Dolophin pre- scriptions from Dr. Moore, how many a day were you taking? A This isn’t including the liquid, right? This is after the liquid. A Just the Dolophin? Q Dolophin prescriptions. * It is hard to say. Usually, anywhere from ten to 60. [232] Q How many of those pills did you need to main- tain yourself, that is, to keep from getting sick, in the beginning? A I'd say around ten at the most. Q And how many did you need to take to get high in the beginning? A This is the Dolophins, right? Q Yes. A About 20. Q About 20. Now, were you always taking those Dolophin pills to get high? A At first. Well, I don’t know. After a while, no I was taking them to keep from getting sick. Q And how many were you taking when you stopped going to Dr. Moore in February a day? A Twenty-five, 30 a day maybe. I have taken as high as 60 at one time. Why did you take 60? To get high, because tolerance increased, increased. Your tolerance increased and increased? (Witness nods assent.) Did you ever sell any of those Dolophin pills? A few. If I couldn’t get the money up to get a prescription, yes. Q What was the selling price? What would you sell them for? [233] A A dollar apiece. PO PO PO 64 Did there come a time when the price rose? Yes. And when was that? When they closed down. When Dr. Moore closed down? Yes. What did the price rise to? About $2 apiece. Are you drug-free now, Mr. Gower? Yes. How did you get drug-free? I got arrested in May, and I was in the city jail for 20 days, and I kicked cold turkey, and I have been drug-free ever since then. PO PO PO PO PO PO 65 [DIRECT EXAMINATION OF WILLIAM N. BURGEE] 2511 BY MR. ALTO: Q Looking at the first prescription, when did you receive the first prescription? Does that refresh your recollection? A I have a hard time reading this handwriting, but I think it says the 25th of January, 1972. Q Okay. And was that for 50 Dolophin pills? A Ves, I think so. Okay. Now, looking at the second prescription, does that refresh your recollection as to the second time you went back? A Yes, it is the 29th. Q And how many Dolophin pills did you get on that occasion? A 100. Q What conversation did you have with Dr. Moore on that occasion? A I went into his office and he asked me what he could do for me; and I told him I wanted 100 Dolophins. Q What did he do? A He gave me a prescription for 100 Dolophins. [252] Q Did you pay him a fee? A Yes, I did. Q How much was that? A $35. Q Now, looking at the third prescription, does that refresh your recollection as to the third time you went in there? A Yes, it was the Ist of February, 1972. Q How many Dolophin pills did you get on that oc- casion, February 11 A 150. Q Was there anything in the conversation with Dr. Moore on that occasion that was different than the other two conversations you had with him? A To the best of my recollection, no. Q Okay. When is the next time you went there? A I can’t really read this handwriting too well. I think it is February 3. Q Did you ever go two days in a row? A I don’t think I did. So far I haven't here. Okay. The fourth prescription you got, how many pills did you get on that occasion? A 150. What date is this, is that the 3rd? This would be the fourth prescription, isn’t that [253] correct, Mr. Burgee? How many did you get on that occasion? A 100. Q Okay. And you paid a fee to Dr. Moore? A Yes, I did. Q What was the fee you paid? A $35. Q Was there any different conversation with him than the other conversations you described? Only the fee for 150, it was $50. When was the fifth time you went there? February 7. How many did you get on that occasion? 150. Did you have any conversation with Dr. Moore on that occasion when you asked for 150 Dolophin pills? A To the best of my recollection, no. Q Will you describe what happened when you went into the office and you requested 150? A He wrote a prescription for 150. Q Did he say: What can I do for you? A Yes, or something similar. Q Did he question you or have any conversation with you with respect to your asking for the increased amount to 150? AI don’t believe so. Q And what was the fee he charged for the 150 Dolophin [254] pills? A Fifty Dollars. Q Now, when was the last time you went to Dr. Moore? OPO POY 67 February 9, 1972. And you said the time before that was February 3 o> Yes. How many did you get on February 9? 150. And was the fee $50? Yes, it was. Was there any conversation with Dr. Moore that different from the other conversations you had with PO PO 8 m? A To the best of my recollection, no. Q Did Dr. Moore ever give you any directions on how to use these? A The prescription bottles had, as directed for de- toxification. But did Dr. Moore, himself, ever give you any directions as to how to use these for detoxification? A No. 68 [DIRECT EXAMINATION OF JEROME BROOKS] [261] BY MR. ALTO: Q Had you ever been addicted to narcotic drug prior to that time? A Yes, sir. Q How long before you went to Dr. Moore’s were you addicted to a narcotic drug? A About five years. Q Now, how did you get unaddicted to a narcotic drug before you went to Dr. Moore’s? A I was in jail for nine months. Q And how long had you been out of jail before you went to Dr. Moore’s? A About five months. And you were not addicted at the time you went there, to Dr. Moore’s? A No, sir. Q Why did you want to get methadone? A To get high. [264] BY MR. ALTO: Q Mr. Brooks, what did the Doctor give you on that first visit? Did he admit you into his program? A Yes, sir. Q What did he give you? A One bottle of liquid methadone. Q To go or to drink there? A To go. I drank a small dose there and I had the bottle with me. Q What did you do with that methadone, use it to get high? A Uh-huh. [265] Q How often did you go back to Dr. Moore on the liquid? A At first it was every two or three weeks, I think; and then it builds up, so you start going once a week. Q You say it builds up. What builds up? 69 A You get a habit and, you know, your tolerance builds, you have to take more. Q And did you develop the habit on methadone? A Yes, sir. Q How long was it before you developed a habit? A It is hard to say, you know. You develop a mental habit first, and then, you know, the next thing you know, you wake up and you have the physical habit. Q Did you have occasion after the liquid program ended to go to Dr. Moore to get Dolophin prescriptions? A Yes, sir. Q Did you have a habit at that time? A Yes. Q How often would you go to see him to get Dolophin prescriptions? A I tried to make it once a week. Q And what would happen when you would go in the office to get Dolophin prescriptions? A He would ask how many I wanted, and 50, 75 or a hundred; he told me the price; and I told him how much I wanted; and I paid him. [266] Q What were the prices? A It was $15 for 50, $25 for 75, and $35 for a hundred. Q And what determined the amount you got? A He asked me, you know, how many I wanted. If I wanted 75, he would give me. If I wanted a hundred, he would give me. Q What determined how often you went back there or how many you would get? A What do you mean, what determined it? Q What determined the frequency of your visits to Dr. Moore? A Me. You? A Uh-huh. Q Did the Doctor ever schedule a set of appointments for you? A No. Q Did he ever give you any directions on how to use these pills? 70 | 71 A I think on the bottle it said, Detoxification. Q To an you needed money for what? he, himself, ever give you 0 more. oan ana ae taal Q To get more. What price did you sell them at? A I can’t say for sure, you know. A A dollar apiece. Q Did Dr. Moore ever tell you how to detoxify with 0 5 5 * these pills? [2671 A No. Q Now, in the beginning, when you were first getting the prescriptions, how many of the pills a day were you taking? A I guess five or so, started out taking. And at the end, when you left Dr. Moore, when he closed down, how many were you taking? A The last time I took them, you mean? Q Yes. A About 30. Q Now, in the beginning, how many did you need to keep from getting sick, just to maintain yourself? A Pills, you mean. Q Yes. A I guess 30, 40 milligrams, three or four pills. Q Three or four pills? Were you taking those pills to get high or to keep from getting sick? A To keep from getting sick. Q Now, did the habit build up? Did your tolerance build up as you went? A Sure. And were you getting high any times that you took those pills? A At first, you know, you get high, like you get, or something, and afterwards, it just builds up so fast. One week you get high, and two weeks later, you know, your tolerance [268] just builds so fast. [270] Q Now, while you were getting these Dolophin pills [271] from Dr. Moore, did you ever sell any on the street? A When I needed money. Q — my question was, did you sell any? es. 72 [DIRECT EXAMINATION OF HERBERT B. HOLLAND] [285] Q Did there come a time when you stopped the liquid program and you went and got Dolophin pre- scriptions from him? A Yes, it was. Q How often would you go to him to get Dolophin prescriptions? A I'd say on an average two, three times a week two times a week. And what would happen when you would go in and get the Dolophin prescriptions? A I would go in there; the secretary would take my name; and she would get my folder out and put it in line, you know, on top of the other ones; and when it was my turn, he would call me in the office and he would ask me how many would [286] I need. Q What would you say? A Well, if I had enough money, if I had $40, 1 would say: Could I have a hundred Dolophins. Q Would he give you a hundred? A Yes. Did he ever question why you wanted so many or how many you were taking? A Not to my knowledge. Q How long would these visits last when you would be in his office? A Not long. How long, would you say? A About 30 seconds—about a minute. [291] Q How many pills were you taking in the be ginning when you were getting those prescriptions? A Approximately ten, fifteen pills. Q Were you getting high? A No—well, a little bit, little bit. I wasn’t getting high, as people say high. I was taking more than 1 should have to stay straight, but I wasn’t getting high. 73 Q You say you were taking how many, in the be ginning, of the pills? Approximately ten, maybe fifteen. That is 100 to 150 milligrams, is that right? A That is right. Q How many were you taking in the end of Feb ruary when you got the last prescription a day? A Anywhere from 30 to 60, 60, 65 sometimes. Q In other words, anywhere from— A Three hundred milligrams to 650 milligrams. Q Did you ever have any conversation with Dr. Moore about the fact that you were down to 40 milli- grams and that you were getting all of these prescrip- tions, 33 of them in four months? Any conversation with him about that, your detoxifying? 2921 A No, sir. Q Now, the prescriptions show that in August, Au- gust 30, you got one prescription for a hundred, that is 1,000 milligrams; September, three prescriptions for 2,250 milligrams; October, four prescriptions for 2,250 milligrams; November, six prescriptions for 5,000 milli- grams; December, nine prescriptions for 7,750 milli- grams. Did Dr. Moore tell you that this was how he was going to detoxify you? A No. I would just come in and get my prescription and cash it and then go take my medication. 74 [DIRECT EXAMINATION OF KENNETH A. BROWN] [359] BY MR. ALTO: Q Officer Brown, will you state for the record your full name. Kenneth A. Brown. And your occupation? Police officer. Where are you assigned, Officer Brown? Sir, I am assigned to the Narcotic Branch, Metro- politan Police Department. Q How long have you been assigned to the Narcotics Branch? A Assigned to the Narcotic Branch May 18, 1969. [360] Q For how long have you been a police officer? A Five years in January, sir. MR. ALTO: If Your Honor please, I am waiting for the Marshal to bring out some exhibits I have to show the witness. THE COURT: Yes. BY MR. ALTO: Q Officer Brown, I hand you Government’s Exhibit 20- A, and ask you to examine the contents, and ask you if you had occasion to have that in your custody? MR. BROWN: What was the question? I am sorry. THE COURT: Whether he has had that exhibit in his custody is the question, I believe, Mr. Brown. MR. ALTO: Yes, sir. THE WITNESS: Yes, sir. BY MR. ALTO: Government’s Exhibit 21-A, will you examine that exhibit and I ask you if you have had occasion to have that in your custody? A Yes, sir, I have Q Finally, Government’s Exhibit 19-A, have you had occasion to have that exhibit in your custody? A Yes, sir, I have. O 0 75 Q Now, Officer Brown, did you have occasion to iden- tify any prescriptions amongst those three exhibits issued by Dr. Thomas Moore? [361] A Ves, sir. Q How did you identify the prescriptions as being written by Dr. Moore? A Sir, those were prescriptions which were identified by the Doctor’s label, by the Doctor’s BNDD registra- tion number and by the Doctor’s signature. Q Did you have occasion to count all of the prescrip- tions issued by Dr. Moore between September 1, 1971 and February 11, 1972 for Dolophin tablets? A Yes, sir. Q And what was the total count of the prescriptions issued for methadone? A Sir, the total number of prescriptions written by Dr. Moore for Dolophin tablets during the period Sep- tember 1, 1971 through February 11, 1972 was 11,169. Q Did you further break that down and count the prescriptions in accordance with the number of pills that were prescribed? A The number of pills, sir? Q Yes, the number of Dolophin tablets that were pre- scribed in each prescription? A Yes, sir. Q How many prescriptions during that period of time were issued by Dr. Moore for 50 Dolophin tablets, of ten milligrams? A During that period of time, sir, 5,486 prescriptions. And how many prescriptions were issued by Dr. Moore [362] for the quantity of 75 ten-milligram Dolo phin tablets? A Sir, during that period, a total of prescriptions for 75 was 1,126. And how many prescriptions were issued by Dr. Moore for the quantity of 100 ten-milligram Dolophin tablets? A Sir, for that period, for 100, a total of 100 Dolo- phin tablets, the number is 4,225. Q And how many were issued during that period of time for 150 tablets? 76 Sir, 214. And how many for 200? A total of 9, sir. And do you have any others? Yes, sir. There were 109 miscellaneous. What is the range of those, of the number of tablets prescribed, within the 109 miscellaneous? A Ranging from 15 to 300. Q Okay. How many of the 300 were there? A There were five, sir. Q Did you further break it down, Officer Brown, into total number of prescriptions issued by Dr. Moore per month, beginning on September 1? A Yes, sir. Q How many total prescriptions were issued by Dr. Moore in September? [863] A The total was 807, sir. And in October? The total for October was 1,765. And November? Total for November was 2,370. In December? Total for December was 2,660. January? The total for January was 2,524. And from February 1 through February 11? From February 1 through February 11, the total was 1,043. Q Now, Officer Brown, did you further break down by — 1 the dates that Dr. Moore issued over 100 preserip- tions A Ves, sir, we did. Q On how many dates did he issue over 100 pre- scriptions? A A total of 54 days. And is that in between that period, September 1 to February 117 A Sir, the time period is from September 20 through February 9, 1972. Q Are there any days he issued over 200? A Yes, sir. OPO OD PO PO pO pO pO 77 Q How many? A There were two days, sir. [864] Q And what two days were they and what num- ber? A November 29, 1971, a total of 206 prescriptions; and on January 5, 1972, there were a total of 271 pre- scriptions. 78 [DIRECT EXAMINATION OF DR. DAVID H. FRAM] [386] BY MR. ALTO: Q Let me start with respect to the Psychiatric Insti- tute, your Drug Rehabilitation Center. How do you treat drug addicts there by the use of methadone? A The part of the treatment that includes metha- done, the methadone is used in two major ways: One is for detoxification and the other is for maintenance. Detoxification involves giving an addict a dose of metha- done that is roughly equivalent to the amount of heroin they were using, and giving successive diminishing doses until they are not taking any methadone. Methadone maintenance involves prescribing a set dose of methadone daily, and continuing that. Q Okay. Now, Doctor, say a person comes to the Psychiatric Institute and states that: I have a heroin problem; can you help me? What steps from the be- ginning does your Institute take? A Well, the first thing we would do would be to con- duct an evaluation. This would involve myself or other psychiatrists involved in the program doing a psychiatric evaluation. It would involve all of the staff members con- ducting their own evaluation of the individual as to, one, whether he is an addict, and what the nature of the ad- diction problem is, and what the [387] nature of the underlying difficulties leading to the addiction are. Also, a physical medical exam is conducted as well on all the people that come, which includes laboratory tests and chest X-ray. | Q What kind of laboratory tests, to determine what? A Well, mainly to determine if the individual is phys- ically well. Large numbers of the addicts that we have seen have had difficulties with their liver; and a number have had venereal disease, and so on. We have conducted the examinations to determine whether individuals have these illnesses and get them treated if they need it. 79 Q Doctor, is a fairly thorough physical examination that you have described important in the treatment of drug addicts? A I would say it is extremely important. Again, large numbers of the addicts we have seen have been ill, and they need medical treatment. Q Now, the phychiatrie consultation, you said that is initially done. How long is that consultation or observa- tion period? A From 45 minutes to an hour. And then the physical examination, what occurs after that? A Well, we, in essence, get all our data together. Each patient is discussed at a case conference of all the staff, and [388] we try to put the whose case together, figure out what kind of treatment is needed, and then talk with the patient about what our recommendation is. Q When you say, what kind of treatment, are you re- ferring to whether it is going to be detoxification or main- tenance? A Among other things. Also about the psychothera- peutic aspects of the treatment, as well, and why is the person addicted and what happens to be involved in get- ting over their problem. | Q Upon what criteria do you determine that a person that has come to you for help should be detoxified? A Well, first of all, we want to, as much as we pos- sibly can, determine that they are taking heroin or metha- done. We have gotten a number of people who come to us on methadone; and our attitude is that unless it be- comes clear that a person cannot make it on maintenance, we detoxify the person. So maybe a better way to put the question is, how do we decide when to maintain people. [393] BY MR. ALTO: Doctor, in the Institute, do you ever write pre- scriptions for methadone for an addict to go to a drug store and get methadone? A No, I do not. 80 Q Now, even in your maintenance program, do you ever write prescriptions for an addict to get methadone in a drug store? [394] A The only way methadone is ever dispensed in the program is by the nurse, either to be consumed in front of her, or when it has been determined that the patient can take out a certain amount, the nurse gives that amount to the patient. Q Now, Doctor, I would like to give you a hypotheti- cal set of facts for purposes of the questions I am to ask you thereafter. Would you please assume that the hypothetical facts are true. Assume that a patient goes in to a doctor’s office to be detoxified from heroin use; and that he fills out various forms there; and that the physical examination that is given is his blood pressure is taken, his weight is reported, and he is asked to give an urinalysis. He then waits; he goes in to see the doctor. The doc- tor says: What can I do for you? The doctor might ask him to see his track marks. And the patient says: I would like 50 Dolophin pills. The doctor then writes out a prescription for 50 ten-milligram Dolophin pills and he is charged a fee of $15. Assume further that the patient comes back three days later, goes through the same procedure, goes into the doctor’s office and the doctor says: What can I do for you? He says: I would like 75 Dolophin pills. The doc- 2 writes out a prescription for 75 Dolophins, charges 25. Assume the patient comes back two days later, gets a prescription for a hundred Dolophin pills; and then comes back [395] thereafter over a period of 22 weeks, 48 times, where he receives prescriptions ranging from 50 Dolophin pills to 100 Dolophin pills. Now, Doctor, is that the accepted medical practice within the District of Columbia in treating addicts? A No, it is not. Q I didn’t finish the question. —with respect to detoxifying addicts, is that accepted — practice? 0. 81 Q Is that accepted medical practice, even with re- spect to maintaining addicts? A Not for that, either. THE COURT: Doctor, you have described your pro- cedures. THE WITNESS: Yes. THE COURT: Do you have any information as to whether or not your procedures generally conform with medical standards in medical practice in the District? THE WITNESS: Yes, our procedures conform with the standard as the Drug Abuse Committee of the Medi- cal Society has recommended be used in treating pro- grams of this sort. THE COURT: When was that done; what date was that done? When were those standards set? THE WITNESS: Those standards were set some time in 71, as I recall. [396] BY MR. ALTO: Q Doctor, are your practices in the Institute consist- ent with the other drug treatment programs within the District, for instance, the Narcotics Treatment Admin- istration? A Consistent with it, yes. l believ= you testified, when I was going into your qualifications, that you are familiar with programs throughout the country that treat addicts by the use of methadone. A Yes. ls your method consistent with these other methods throughout the country? A Yes, they are. Q Is the hypothetical set of facts I have given you consistent with any method that you know of throughout the United States that is accepted by the medical pro- fession in this country? A Not that I know of. Q Now, Doctor, assuming further—and I think I did cite this to you in the hypothetical, but to repeat it— that the doctor charges the patient $15 for a prescription for 50 pills, $25 for a prescription for 75 pills, $35 for a prescription for a hundred pills, and $50 for a prescrip- tion for 150 pills. Is that acceptable medical practice in this city? A I would say not. Accepted medical practice is that the physician treats the patient and charges for that. If a [397] prescription is given, that is part of the treatment. What the prescription is or how many pills are given does not determine what the price is. Q That is not acceptable medical practice to charge by the amount that is given in the prescription? A That is right, yes. Q Now, Doctor, we have gone into detoxification and how the methadone is given, and everything. What sup- portive services do you have with respect to helping the addict? A Well, we have—maybe I should describe our pro- gram. We offer psychotherapy and job counseling, pri- marily. Our therapy involves the patient coming to three group meetings a week, which are conducted by a psy- chiatrist and ex-addict counselor, working as a team. The ex-addict counselor is present in the clinic all of the time, and meets with the patients informally, in informal groups, and in individual sessions, as the patients are coming in. Our nurse also is involved as a counselor, as well. She knows all the patients and counsels them as they are coming in. Our job counselor also is involved initially with all the patients and is helpful to them in both getting jobs and also in figuring out what kind of jobs makes sense for them, what their difficulties have been prior to that in getting jobs and holding jobs. I would take issue with your referring to those as supportive services. I see the methadone as supportive and this [398] as being the heart of the program. Q Oh, my terminology, I am sorry. Doctor, in line with the hypothetical I gave you, do = = the hypothetical set of facts I gave you? es. Q What are the medical dangers with respect to that type of program? A Well, first of all, one has no idea how much metha- done the individual is taking. One doesn’t know whether 83 he is taking it, whether somebody else is taking it. You don’t know whether a child is taking it. If you are try- ing to detoxify a person, you don’t know whether the person is being detoxified or whether they ve taking more each day. Also, you have no idea if the individual is indeed taking it at all. Maybe he is continuing on heroin and selling the methadone. Since you didn’t describe urine testing, which is twice a week also part of our program— Q Doctor, assume this set of facts: That a person comes in and claims to be an addict, takes a urine test, prior to the results of the urine test gets a prescription for 50 Dolophin pills. Assume further that the urine result comes back the following day, negative on everything, and that the day after that, the person comes back and gets a prescription for another 50 Dolophin pills given by the doctor. [893] Assume further that four days after that, the patient comes back and gets another prescription from the doctor for 100 Dolophin pills; and assume further that the day after that, the very next day, the patient comes back and gets a prescription for 150 Dolophin pills. That is three prescriptions after the urine result comes back negative. Now, is the giving of the prescriptions after the urine test came back negative acceptable medical practice in the treating of drug addicts by the use of methadone? A Well, if a person’s urine is negative, I would won- der if they are an addict; and I wouldn’t think of giving them methadone if they weren’t. MR. BROWN: I would object to that. It is not re- sponsive. THE COURT: That is not a proper response. You were asked whether or not that is an acceptable medical practice? THE WITNESS: No. BY MR. ALTO: Q It is not accepted medical practice? A That is correct. MR. ALTO: I have no further questions. 84 [DIRECT EXAMINATION OF DR. THOMAS E. PIEMME] [444] BY MR. ALTO: Q Is the method you described consistent with those guidelines set out by the Medical Society? A Yes, it is. Q Is it consistent with the procedure followed by NTA? A Yes, sir. Q What other groups in the District perform this type of procedure? A The Psychiatric Institute. I am not familiar with the specific techniques that are used by Black Man’s Development or Bon A Bond. I think they are probably inclined to achieve the abstinent state more rapidly. I don’t know the details. Q From your experience with programs and your studies of programs throughout the country, is the de scription you gave of detoxification generally consistent with these programs throughout the country? A Yes, it is. Q Now, the medication, itself, in detoxification, [445] Doctor, how is it administered? A Well, that differs from program to program. First of all, almost all of the well-known programs, the major ones in the country administer the methadone on site, under direct observation of the staff. It is usually ad- ministered in a liquid form and the liquid methadone is put into Tang, or some other kind of vehicle. It is per- fectly obvious. Although several of the programs are now going to large capsules that are large enough that they can be managed by an adult but not by a child. Q Is the addict, in detoxification, given a number of these capsules to take home, or how does that work? A No. As we take somebody into our program, wheth- er he is going to be detoxified or maintained on metha- done, as most of our patients are for some period of 85 time, the methadone is administered in the clinic, daily, under direct visualization of the staff. After four to six weeks in the program, provided that the urinalyses show no abuse of other drug, provided that they have attended all of their therapy sessions, their psychotherapy sessions, and those sessions meet twice weekly, and provided that there is common agreement by the staff that the patient is being entirely honest and cooperating well with the program, then we will give them weekend privileges, that is, allow them to take two doses home for Saturday and Sunday. But for [446] the remaining five days of the week, they still come to the clinic and take their methadone under direct visualization. Q Doctor, the third aspect of rehabilitating addicts, maintenance, will you describe to the Court and the jury what the accepted medical technique in methadone main- tenance is? A There are two approaches to methadone mainten- ance. At about 40 milligrams of methadone daily, one can stop the addict’s craving for heroin. He is still, however, able to override the methadone, that is, if he — heroin, he will still get the rush, and still get the high. There are some patients for whom it is appropriate simply to curb the craving while one is proceeding with rehabilitation counseling and therapy. For many patients, however, curbing the craving isn’t enough. For whatever reason, they still go out in the street and still use heroin. One then uses a dose of 80 milligrams or more, which is a so-called blocking dose, that is, 80 milligrams of metha- done a day; and even if one goes out in the street and shoots heroin, he will get no sensation from it, so there is no point in using it. This is why the large-scale programs, Dr. Dole’s in New York, NTA here, Dr. Jaffe’s program in Chicago, for the most part, achieve the blocking doses to prevent the addict from going out in the street and using heroin; there would be no point to it. THE COURT: That is around the level of 80 milli- grams [447] a day? THE WITNESS: That is around the level of 80 milli- grams of methadone a day. BY MR. ALTO: Q Now, the addict who is on maintenance in all the programs you know of, how is the methadone admin- istered on the maintenance aspect of treating the addict? A Again, on every program it is administered on site until the patient has earned so-called weekend privileges by cooperating with the program, attending all the coun- seling sessions, and the staff would agree that the patient is reliable, trustworthy, to take the doses home. Every- one is, of course, concerned with the take-home doses about the issue of diversion, diverting the methadone to the street, to the use of persons for whom it has not been intended. Q Doctor, is it acceptable medical practice in initially — 2 addiets that they be given a physical examina- on? A Les, it is. Q What physical examination should be given? A Well, certainly, there is initially the necessity to determine, if one can, the veracity of whether or not he is an addict, that is, does he have needle marks, does he have tracks, are his pupils constricted, does he exhibit the signs that we associate with dependence upon heroin. Moreover, people who are addicts are subject to other diseases, hepatitis, bacterial [448] endocarditis. I think every addict is entitled to a complete physical examina- tion like any other patient who would come to a phy- sician is entitled to a physical examination to determine the state of his health. Q Is that the commonly accepted medical practice in the programs you know of, to give an examination that covers these areas, to determine if he has these diseases? A It is indeed. Q Doctor, for the purposes of asking you a question that is to follow, I want to ask you a hypothetieal ques- tion, and I ask you to assume that the facts I am about to give you are true. 87 Assume that a patient comes into a doctor’s office, and he claims that he is an addict ;he fills out various forms. A nurse them administers to him, takes his blood pressure, weighs him, and sends him to the bathroom to give a urine specimen. Assume then that he goes in to see the doctor; the doctor asks him what he can do for him. The doctor might ask him to see his track marks. The patient then requests Dolophin tablets, ten milligrams. The doctor writes out a prescription for 50 ten-milligram Dolophin tablets. The patient then leaves; fills out the prescription. Assume further that the patient comes back eight days later, goes in to see the doctor. The doctor says: What can [449] I do you you? And the patient says: I would like some more. And the doctor writes out a prescription for 50 ten-milligram Dolophin tablets. Assume further that the same procedure persists eight days later, 50 Dolophin tablets; three days after that, 50 Dolophin tablets; ten days after that, 50 Dolophin tablets; three days after that, 50 Dolophin tablets; two days after that, a hundred Dolophin tablets; six days after that, 50 Dolophin tablets; two days after that, 50 Dolophin tab- lets; four days after that, 50 Dolophin tablets; five days after that, 50; five days after that, 50; two days after that, 50; five days after that, 50; three days after that, 50; two days later, 50; three days later, 100; three days after that, 50; two days after that, 100; three days after that, 100; two days after that, 100; one day, the following day, 100; three weeks later, 50; three weeks later, assume the date is January 5, he comes in during the doctor’s office hours between 12:00 and 2:00, and the same pro- cedure happens, and the doctor gives him a prescription for 50 Dolophin tablets; and four hours later, he comes back during the doctor’s evening hours, he requests an- other prescription, and the doctor writes him a prescrip- tion for another 50 ten-milligram Dolophin tablets; and then five days later, returns, follows the same pro- cedure, goes in the afternoon, gets a prescription for 50; goes in the evening and gets a prescription for 50; and two days after that, he comes back and gets 100 Dolo- phin tablets; [450] five days after that, he gets 100; two 88 days after that, 100; two days after that, 100; four days after that, 50; the following day, 100; two days after that, 50; three days after that, 50; three days after that, 100; and four days after that, 100. Did you generally follow that, Doctor. A I followed it. Assume further that the breakdown is that in Sep- tember, ’72, he received 500 milligrams; in October he re- ceived 3,500 milligrams; November, 3,500 milligrams; De- cember, 6,500 milligrams; January, 8,000 milligrams. Now, assuming those facts to be true, is that accept- able medical practice in this city in detoxifying a nar- cotic addict through the use of methadone? A No, that is not acceptable medical practice. Q Is that acceptable medical practice? A That is not acceptable medical practice in any program that I know of anywhere in the country. Q Is that acceptable medical practice, Doctor, even with respect to maintaining an addict? A No, it is not acceptable medical practice for metha- done maintenance. Q Assuming those facts to be true, what are the medi- cal dangers contained within those facts? A Well, one could postulate risk to the patient from [451] an overdose of methadone; but I think we would all strongly suspect that the patient is not using the metha- done. There is then risk to those people to whom he may be giving or selling the methadone, risk to people who might inadvertently come across his supply of methadone. There have been instances of small children, one in this city, two years of age, who died from consuming metha- done that was left around the house. I think those are the risks: Overdose death, not only to patients but to others who may inadvertently use it or to whom it may be sold. Q What would be a lethal dose of methadone taken by a person who is not addicted, people like you or I or members of the jury? A I think about 60 milligrams would be a lethal dose for anyone who is not narcotic-dependent; and for a child, 20 milligrams, depending on the size of the child, could be a lethal dose. Q Now, Doctor, I am going to ask you to assume an- other set of hypothetical facts. Assume the facts I gave you previously were true. As- sume further that the doctor charged a fee of $15 when he wrote a prescription for 50 ten-milligram Dolophin tablets; charged a fee of $25 for 75 ten-milligram Dolo- phin pills; charged a fee of $35 for 100; and charged a fee of $50 for 150. Is that acceptable medical practice? [452] A That is not only not acceptable medical prac- tice; that is unethical medical practice. MR. ALTO: No further questions. [CROSS EXAMINATION OF DR. THOMAS E. PIEMME] [459] Q Now, you had indicated further that the blockage level for stultifying, shall we say, an addict’s — for heroin is around approximately 80 milligrams a day A Eighty to 120 milligrams a day. Q Eighty to 120 milligrams a day. Now— A Iam sorry. You say, block the craving. One can 460] abort the craving at 40 milligrams a day. At 80 to 120 milligrams a day, one then blocks the effect of heroin that may be used to override the methadone. I see. Then am I to understand that in order to go beyond blocking the craving, in an effort to block the effect of heroin, it necessarily entails an increase in the doses of methadone to be given to a patient until you reach that level? A lam not sure I understand. Q Well, you said that the craving for heroin can be blocked with approximately 40 milligrams. A That is correct. Is that right. Now, in order, however, to completely prohibit the euphoria that a patient would obtain— A That is true. rom using heroin, you would have to raise his dosage, would you not, sir? A That is correct. Now, in that same regard, I again state that your answer to what that amount was, that is ordinarily ne- cessary to prevent the euphoria, is approximately 80 milligrams? A That is correct. Q Is it not true, however, Doctor, that where you have a patient who has a high heroin habit, $100 a day, or $300 a day, that he would require possibly a greater amount of milligrams than 80 in order to prevent the euphoria he would [461] obtain from using heroin? A I am doubtful that he would require more than— no, I am doubtful that he would require more than 100 at the maximum. Even the largest habit one could con- ceive, it is doubtful he would require more than 100. Q You feel 80 milligrams a day, regardless of the habit which the addict has, would be sufficient to block the euphoria, is that your testimony? A is correct. Q Now, what about the patient who comes to a doctor, who has already acquired a methadone habit by virtue of previously being in a program, does he not have a high degree of tolerance? A There are some who do, yes. Q And do they not require a higher dosage of mil- ligrams in order to obtain the desired effect? A No, those people—and there are some on record— who have been on very, very large doses of methadone daily, on the order of 150, 200 milligrams of methadone daily, can very quickly, within a matter of a day or two, be brought down to 80 to 100 milligrams of metha- done a day and maintained there. 91 [DIRECT EXAMINATION OF AGENT WILLIAM J. MILLER] [491] BY MR. JOHNSON: Q Tell me this, sir. What other artifice, if any, did [492] you employ? A The evening before and then that morning before we came down to Washington, I had taken a pin and placed some pin marks, surface-type pin marks on my right arm, from approximately my wrist up to my elbow. Q What was the purpose of putting those marks on your arm? A The same purpose as the clothing, to look like an addict. Q Beg your pardon, sir? A The same purpose as the clothing, to look like an addict. Q Was that to imitate what they call track marks, which you are familiar with as track marks? A As best that I could. It wouldn't actually be track marks. Q Now, when you got there, did you give your right name? Yes, sir, correct name. Did you have an ID? Yes, sir. Did you give your correct ID? Yes, sir. And what ID did you have? A Maryland Motor vehicle Driver’s license. I see, sir. And you didn’t give your police [493] identification? A No, sir. Did you inform the nurse that you were—what if anything did you tell the nurse? MR. ALTO: I think we ought to have the foundation and dates, if Your Honor please. OPO PO POY ll 92 BY MR. JOHNSON: Q Will you tell us what date it was you went there? 3 The first date I went there was on January 13, Q Now, on that date, did you give a sample of your urine? A Yes, sir. Q And what did you tell the nurse on that day about heroin, if anything? A Nothing. Q You didn’t tell her you had a heroin habit? A She gave me some forms to fill out. Q I see. Did you put down that you were a heroin addict? A Yes, sir. Q How long did you say you had been a heroin addict? A I can’t really recall, honestly. Probably two years, as best I can recall. Q How much of a heroin habit did you say you had? A There, again, I can’t really recall. I would be — I would say ten-bag a day, or something like [494] Q Now, you didn’t make up this format with- out — help, did you, or did you make it up on your own A I made it up on my own because I didn’t know there was a format, that that was the format until I got in there. Q Is it your testimony, sir, you didn’t need any help to know how to masquerade as an addict? A Well, my own practical knowledge that I derived from the job. Q And you tried in every way you knew how to mas- querade as an addict? MR. ALTO: Objection. Calls for a conclusion, lead- ing the witness. THE COURT: Sustained. BY MR. JOHNSON: Q Was there anything else that you could have done, from your expertise, your knowledge as a narcotic offi- 93 cer, was there anything else you could have done to make more complete your masquerade as an addict? Yes, sir. What else could you have done? I could have put methadone in my urine. You could have done that? You didn’t do that, sir? No, sir. Did he take a sample of your urine? Yes, sir. [495] Q And did he give you a prescription? A Ves, sir. Q Now, did there come a time when you returned to him? >O>O PO > Yes, sir. Did he take your urine that time? Yes, sir. Was that the second time? Yes, sir. Now, what date was it, the second time? That was January the 18th, 1972. Sir? January the 18th 1972. Now, did you come with the same dress or did you use any different dress? A Basically, the same. I had another jacket; I had an army jacket which 1 wore. Q I see. Did you do anything else other than what you did when you first went there? A I didn’t do as much as I did the first time. Q I beg your pardon? A The marks that I had were no longer present. I did not put them on again. OH O OOO [CROSS EXAMINATION OF AGENT WILLIAM J. MILLER] [502] Q Okay. Now, the second time you went back, I believe you testified, was January 18? 94 A Yes, sir. What happened when you went into his office then? A On the 18th, I went up to the nurse and presented my driver’s license, which I used the first time for iden- tification. She got my file out of the file cabinet, placed it in a pile with the other ones. I began waiting around. I waited for approximately I believe it was two hours, quite some time, until I fi- nally got in line and lined up with the approximately five people that were waiting to go into the doctor’s office. I went into the doctor’s office and sat down. He again said: What can I do for you? I said: You had given me 50 last time, and that wasn’t enough; I had to go out on the street. [503] The Doctor said: I can give you 50, 75 or 100. Just tell me how many so we can move along here. I said: Well, give me a hundred. And then he said: How about you settling with me while I settle with you. I asked him: How much? And he said: $35. And I paid him the $35. Q And you got a script for a hundred? A Yes, sir. MR. ALTO: Your Honor, may I have this marked as Government’s Exhibit— THE DEPUTY CLERK: No. 23. Government’s Ex- hibit No. 23 marked for identification. (Whereupon, Dr. Moore’s file on Mr. Miller, was marked Government’s Exhibit No. 23, for identifica- tion.) BY MR. ALTO: Q I hand you what has been marked as Government’s Exhibit No. 23, and ask you if you recognize your hand- writing signatures on any of these items contained in that jacket? A Yes, sir. Q Now, do you see your name on top of any of those results of urine tests? A Yes, sir, I do. [504] Q Okay. What is the return date on the first urine test you took there? A The return date is January 15, 1972. Q What was the result? A The result is negative for any narcotics. Q You got a script on the 13th. Your urine came back negative on the 15th. He gave you a script for a hundred on the 18th, isn’t that true? A Yes, sir. Q Did he say anything about the negative urine? A No, sir, he didn’t. Q Now, these marks you put on your arm, you have dealt with addicts since you have been with the Bureau; you have seen track marks; is that correct? A Yes, sir. Q Were they track marks or what do track marks really look like? A Track marks are scar tissue, the veins appear black, darker than normal. I have seen addicts with abscesses, and particularly scar marks like where the skin hasn’t grown back properly. The marks that I put on my arm were just surface pin marks, which were no more than or less than 24 hours old, every one of them. Now, you gave another urine specimen that day, the [505] second time? A Yes, sir, I did. Q Okay. When is the next time you went back, the 24th of January? A Yes, sir. Q , What happened when you went into his office that time A On the 24th, again, it was quite crowded. First of all, I had to wait in line outside. When I finally got into the building, I showed the nurse my driver’s license again; she again took the folder out and placed in on top of the cabinet. After some time I finally got in line and my — was called; and I went in the Doctor's office and sat own. 96 Dr. Moore said: What can I do for you? And I said: You gave me a hundred last time. Can you give me a hundred more? And, basically, that was the conversation. He wrote the prescription for a hundred; I paid him the $35 for it. 97 [CROSS EXAMINATION OF THOMAS W. MOORE, JR.] [682] Q Let me ask you this, Doctor: Is methadone an addictive narcotic drug? Yes, it is. Is it also a dangerous drug? Yes, it is. Is it also an abusable drug? If not used properly, it is dangerous. Is it also an abusable drug? Yes, it can be abused. And the form in which you were prescribing the Dolophin [683] tablets in the form in which addicts can cold cook it and inject it, is that right? A If an addict is so— Q Inclined? A —inclined. MR. BROWN: I will object. I think this wftness ought to be able to answer his own question. THE COURT: Don’t interrupt the answer. MR. ALTO: I am sorry, Your Honor. THE WITNESS: If an addict is so inclined to do so, he can. By this process of cold cooking, I think you mean—What do you mean by cold cooking? BY MR. ALTO: Q@ What I mean, Doctor, if you could kindly give me an answer to my question, is the Dolophin pill the kind that the addict can inject? A Yes, that is the only type that private physicians can prescribe. Q Would you answer my question? THE COURT: That is not the question, Doctor. BY MR. ALTO: Q Is a Dolophin tablet what an addict can inject? A An addict can inject a Dolophin tablet, yes. And did you promise that Grand Jury on October 22, 1974, you would not write prescriptions for metha- done that could [684] be injected? OPO PO POP 98 Did you [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0255%3A2. Public record. Not legal advice.