The U.S. Supreme Court declined Monday to hear an appeal filed by a doctor convicted of trading prescription painkillers for sex at his Oakmont office.
Dr. Bernard Rottschaefer, 63, of Plum, was convicted in 2003 of 153 counts of illegally prescribing powerful painkillers, such as OxyContin, to drug-addicted female patients. He denies trading drugs for sex and has remained out of prison pending the outcome of his appeal.
Rottschaefer's lawyers filed a second appeal for a new trial last month. They claim to have found new evidence that could clear the doctor.
The five patient-witnesses who testified against Rottschaefer at trial have since sued him for malpractice. They testified during his criminal trial that they were drug addicts and Rottschaefer prescribed the drugs to them for no medical reason, with four of the women saying they provided oral sex for prescriptions.
The women now say in sworn statements in the civil cases that the drugs were prescribed to treat chronic pain, Rottschaefer's lawyers say.
And they accuse prosecutors of allowing two witnesses to lie on the stand during trial.
U.S. District Judge Gary Lancaster dismissed the second appeal because the first was still pending. Rottschaefer's lawyers now can refile the second appeal.
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