Ex-hospital leaders will be tried together

    Gainesville, Ga. – A federal judge denied a motion by the attorneys for former Union General CEO John Michael Gowder to separate himself from co-defendant Dr. James Lanier Heaton in their upcoming drug conspiracy trial.
    The two will be tried together beginning Tuesday, Oct. 8, in U.S. District Court after Judge Richard W. Story ruled that Gowder cannot get his own trial for two reasons outlined in a series of motions.
    Gowder hoped to have Heaton testify on his behalf about a 2015 letter sent to the Georgia Composite Medical Board, which “explained … the legitimate medical reasons for (Heaton’s) three-plus years of pain prescriptions to Gowder … [and] the circumstances behind it,” according to court documents. The motion claims this ”constitutes critical, exculpatory defense evidence.”
    Story’s ruling said Gowder must demonstrate a “bona fide need” for the testimony or that Heaton would testify. Story said the need is not effectively demonstrated, and he questioned whether Heaton would definitely testify even if they were separated.
    The last time it was discussed in a hearing, Heaton’s attorney said he would consider testifying only if he was tried before Gowder. He later filed an affidavit declared, “If I were tried separately and my trial preceded Dr. Gowder’s trial, I would in all likelihood testify at his trial.”
    Story did not find that commitment to be strong enough to rule in Gowder’s favor.
    “Gowder’s claim that the letter is ‘the most compelling defense evidence to rebut the government’s allegations that Gowder conspired with Heaton’ is belied by the fact that both Heaton and Gowder expect to raise the same defenses,” Story wrote in the ruling.
    Gowder also wanted to be separated from Heaton so that case is not prejudiced by evidence that may be introduced against his co-defendant that he allegedly traded pills for sex with multiple women.
    At the hearing, Gowder’s counsel argued, “The government is going to parade [Heaton] before the jury as a scumbag, a scumbag doctor who is having sex with his patients, who is prescribing drugs in return for sex, that he is a terrible character and has a pattern of conduct which is just reprehensible,” according to court documents.
    Story has yet to rule on a pending motion whether the evidence of the sexual accusations will be included in this trial.
    “Gowder, the alleged user, and Heaton, the alleged prescriber, clearly served different roles in the alleged conspiracy. The court has ample faith in the jury’s ability to keep them apart,” Story said.
    Story did rule to dismiss 47 of the more than 200 counts on a motion of improper venue by the defense.