Commonwealth v. Radecki
180 A.3d 441
| Pa. Super. Ct. | 2018Background
- Thomas Radecki, a psychiatrist operating an expanded buprenorphine/Suboxone practice, was investigated after authorities discovered high-volume prescribing and contraindicated combinations (buprenorphine with stimulants); he was charged after a statewide investigating grand jury presentment.
- A jury convicted Radecki of nine counts of unlawful prescribing by a practitioner, conspiracy, dealing in proceeds of illegal activity, and corrupt organizations; he was acquitted on some counts.
- Trial evidence included testimony from multiple former patients alleging sexual relationships in exchange for medications, a civil settlement with one witness, pharmacy/wholesale purchase summaries, and expert testimony about opioid treatment modalities and diversion risks.
- At sentencing the court imposed consecutive terms on twelve counts for an aggregate 133–266 months’ imprisonment and imposed fines; the Commonwealth later sought correction of fines using civil-forfeiture funds.
- Post-sentence, Radecki raised numerous evidentiary and sentencing claims on appeal, including: exclusion of defense expert (Dr. Johnson), admission of a witness’s settlement testimony, admission of certain government witnesses’ expert testimony, Rule 1006 summary documents, scope of cross-examination about nurse practitioners, consecutive sentencing, refusal to permit waiver of PCRA rights for direct review of ineffective assistance claims, and denial of trial counsel’s withdrawal at post-sentence proceedings.
Issues
| Issue | Radecki’s Argument | Commonwealth/Trial Court Argument | Held |
|---|---|---|---|
| Exclusion of defense expert (Dr. Brian Johnson) | Radecki: Dr. Johnson would rebut Commonwealth experts and attest to Radecki’s competence and conservative prescribing; exclusion prevented defense proof. | Defense failed to produce an expert report or comply with multiple discovery orders (Pa.R.Crim.P. 573); sanction of exclusion was within court discretion. | Exclusion affirmed: court did not abuse discretion where defense missed deadlines and no report existed. |
| Admission of M.M.’s testimony about civil settlement | Radecki: Settlement evidence was barred by Pa.R.E. 408 and prejudicial; required mistrial or exclusion. | Settlement testimony was relevant to witness bias and to show effort to buy silence (obstruction-of-investigation theory); curative instruction sufficed. | Admission and denial of mistrial affirmed: objection was untimely, evidence fit Rule 408(b) exception, and jury was properly instructed. |
| Admitting government witnesses (agent, pharmacist) to testify on treatment/diversion issues | Radecki: Agent Embree and pharmacist lacked expert qualifications/report; their opinion testimony was improper. | Their testimony largely duplicated qualified expert testimony (Dr. Carter) and defense expert admissions; therefore any error was harmless. | Harmless error: even if admission was erroneous, testimony was cumulative of other untainted evidence. |
| Commonwealth’s use of summary pharmacy/wholesale records (Pa.R.E. 1006) | Radecki: Required production of underlying records after witness testified to a large buprenorphine purchase; summary evidence prejudiced defense. | Defense failed to object contemporaneously; Commonwealth had produced records and allowed inspection; objection untimely. | Denial of late Rule 1006 disclosure motion affirmed: claim waived as untimely and records had been made available. |
| Cross-examination re: collaborative agreements/nurse practitioners | Radecki: Commonwealth exceeded scope of direct by implying use of NPs to divert prescriptions. | Dr. Bhagwandian had testified about practice operations; questions about collaborative agreements were proper to test credibility and knowledge. | Affirmed: cross-exam was within trial court discretion given scope of direct testimony. |
| Consecutive sentencing; PCRA-waiver request and counsel-withdrawal at post-sentence | Radecki: Aggregate consecutive sentence (133–266 months) is excessive for an elderly defendant; trial court should have permitted waiver of PCRA rights to litigate ineffective-assistance claims on direct appeal; trial counsel should have been allowed to withdraw. | Sentences were within guideline ranges; crimes involved separate victims and exploitation of vulnerable patients; no extraordinary circumstances for unitary review; allowing trial counsel to stay did not prejudice defendant. | Affirmed: (1) sentencing discretion not abused and no substantial question raised; (2) trial court properly declined unitary PCRA-waiver review because claims not record-apparent or meritorious; (3) denial of counsel withdrawal did not violate Sixth Amendment given availability of new appellate counsel and trial counsel’s continued assistance. |
Key Cases Cited
- Commonwealth v. Tyson, 119 A.3d 353 (Pa. Super. 2015) (standard for appellate review of evidentiary rulings).
- Commonwealth v. Christine, 125 A.3d 394 (Pa. 2015) (appellate burden to show abuse of discretion).
- Commonwealth v. Moore, 937 A.2d 1062 (Pa. 2007) (appellate court may affirm on any recorded reason).
- Commonwealth v. Kennedy, 876 A.2d 939 (Pa. 2005) (disclosure of expert reports and trial court authority to order report preparation).
- Commonwealth v. Mendez, 74 A.3d 256 (Pa. Super. 2013) (sanctions for discovery violations may include excluding undisclosed evidence).
- Commonwealth v. Lauro, 819 A.2d 100 (Pa. Super. 2003) (limits on admissible character evidence).
- Commonwealth v. Poplawski, 130 A.3d 697 (Pa. 2015) (harmless-error standard).
- Commonwealth v. Cooley, 118 A.3d 370 (Pa. 2015) (harmless-error test explanation).
- Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010) (procedure for discretionary-aspect sentencing claims and four-part test).
- Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013) (limits on raising ineffective-assistance claims on direct appeal; Grant deferral and exceptions).
- Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003) (context for earlier exceptions permitting direct-review ineffective-assistance claims).