Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 21, 1994 TAG: 9410210046
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
A judge on Thursday declined to convict Dr. Kenneth LeGree Hallman of the felony charges, opting instead to take them under advisement and place Hallman on probation.
The decision by Roanoke Circuit Judge Richard Pattisall means that Hallman will keep his job and his medical license - at least until the state Board of Medicine holds a hearing. If Hallman had been convicted of a felony, his license would have been suspended automatically.
Hallman, who would have faced up to 10 years in prison if convicted, left the courtroom saying he was "very grateful to the community" and to all his friends who have supported him since he was indicted in July.
Some of his supporters were in court Thursday - including several doctors and a judge who is a member of Hallman's fraternity - to pay tribute to his long hours of work in a medically underserved area, and to his busy schedule of volunteer and community work.
Defense attorney Onzlee Ware has said it may have been the pressures of "trying to be Superman" that contributed to Hallman's addiction to alcohol and sedatives.
Earlier testimony has shown that shortly after he took over as director of the medical center in 1992, Hallman began prescribing a mild tranquilizer to his housekeeper for no medical reason. The woman then returned the sleeping pills to Hallman for his own use.
Although prosecutors did not seek a jail term, Assistant Commonwealth's Attorney Dennis Nagel asked Pattisall to convict Hallman of the felony charges in the pursuit of "equal justice" from a system that should be blind to a defendant's status.
"Let's not say that just because Dr. Hallman is a doctor, that he is too important to convict," Nagel said. "That would be a dangerous precedent to set."
"We like to believe that the system is blindfolded," he said. "If we're going to peek under the blindfold for a doctor today, then why not a lawyer tomorrow, and a judge the next day?"
But Pattisall said he could find "no good purpose" for a felony conviction, given Hallman's lack of a prior record and all his accomplishments. The judge placed Hallman on probation for four years, instructed him to continue treatment, and ordered him to perform 400 hours of community service.
Hallman, who has continued to practice medicine after undergoing a rigorous treatment program this year, testified that he has overcome his addictions but continues to attend counseling sessions at least 18 days a month.
Hallman said he "felt a huge sense of relief" when police arrived at his office last year to investigate allegations of prescription fraud, because he knew he finally would be forced to confront his problem and seek help.
"I consider myself one of the most fortunate people walking on the face of the earth," he said.
Hallman still might lose his license to practice medicine at a hearing before the Board of Medicine, but lawyers said the likelihood of that was reduced by the outcome of Thursday's hearing and by Hallman's success in treatment.
The charges did not cause a reduction in Hallman's caseload; he now has a six-week waiting list for new patients.
An official with Carilion Health System, which runs the Northwest Medical Center, testified that the system has no intentions of firing Hallman over the charges.
by CNB