LIHU‘E — Harold Spear III, M.D. will wait another month to be sentenced in Kaua‘i Fifth Circuit Court. The “dial-a-doc” physician was to be sentenced for two counts of prescription related crimes. But a stipulation was filed to continue sentencing
LIHU‘E — Harold Spear III, M.D. will wait another month to be sentenced in Kaua‘i Fifth Circuit Court.
The “dial-a-doc” physician was to be sentenced for two counts of prescription related crimes. But a stipulation was filed to continue sentencing in coordination with federal sentencing on separate charges in Honolulu.
State public defender Stephanie Sato represented Spear, who was not present. She and federal attorney Gary Kiyoshi Senaga filed requests for transcripts prior to the Wednesday hearing.
The matter held before Fifth Circuit Judge Kathleen Watanabe will occur after federal sentencing and will determine whether Spear is placed in a Hawai‘i or Mainland facility.
Spear operated a clinic out of Hanapepe and was arrested in 2006 for distributing and dispensing Schedule II controlled substances without an examination or consultation and not for a legitimate medical purpose in Hawai‘i. He pleaded guilty in a plea agreement filed in U.S. District Court of Hawai‘i on June 14, 2007.
The federal charges stem from two counts of illegally dispensing Schedule III drugs in federal court for the Northern District of Alabama in 2008. He could face up to 20 years in prison and a fine of up to $1 million, with supervised release for three-years to life.
The case was transferred to the District of Hawai‘i, and in 2009 Spear pleaded guilty to two felony cases in a plea agreement before former U.S. Magistrate Judge (now U.S. District Judge) Leslie Kobayashi. The plea dropped all but three counts on issuing prescriptions outside the usual course of professional medical practice and not for a legitimate medical purpose.
After attempts to reverse the guilty change of plea on federal charges was denied, the federal sentencing phase moved forward and the Fifth District sentencing phase was rescheduled.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@ thegardenisland.com.
