Wednesday, July 11, 2007

Indictment Sought Against Benoit Dr.

Federal prosecutors plan to seek an indictment against Chris Benoit's doctor, Phil Astin. According to USA Today:

ATLANTA (AP) — Federal prosecutors plan to seek a superseding indictment against the personal doctor to pro wrestler Chris Benoit, according to a court filing late Tuesday.

The filing in U.S. District Court in Atlanta says that prosecutors have advised an attorney for Dr. Phil Astin that they will present the case to a grand jury for a second time "after a more thorough review" of documents seized from Astin's office in west Georgia during two raids by federal drug agents.

"During the searches, agents seized thousands of pages of patient files and office records, as well as several computers that were used in defendant's medical practice," the court filing says. "Presently, the government is reviewing these records to make a preliminary determination of which files contain no evidentiary value and can be returned to defendant."

The filing does not say what charges will be sought in the superseding indictment or when the indictment will be sought. Astin was charged last week with improperly prescribing medication to two patients, but not to Benoit. Prosecutors said at the time more charges were possible.

The comments about a planned superseding indictment were contained in a filing in which Astin's attorney and the government were seeking more time to file pretrial motions and to turn over materials to each other.

Meanwhile, some of the chemical tests on the bodies of Benoit, his wife and son have been completed, but officials were mum Tuesday on what the results show.

A spokesman for the Georgia Bureau of Investigation, John Bankhead, told The Associated Press that his agency was waiting for all the tests to be complete before sharing the results with investigators in Fayette County.

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