Judge OKs doctor’s plan for cost of defense

Accused of illegally prescribing drugs, causing two deaths

CLEVELAND -- Dr. Martin Escobar of Boardman received authorization to proceed with a plan he submitted to a federal judge regarding the cost of his defense, including the hiring of expert witnesses.

What the doctor's defense could cost taxpayers is not being disclosed.

Escobar is awaiting trial on 145 charges accusing him of illegally prescribing drugs out of his Lake Milton medical offices. Prosecutors allege Escobar prescriptions caused the deaths of two patients.

At Tuesday's hearing, U.S. District Court Judge Donald Nugent approved the funding plan, but the details are not open to the public.

On Monday, the judge allowed Escobar and his attorneys to file a motion "under seal," meaning outside of the view of the public, regarding the cost of Escobar's defense. The government is paying for his defense.

Escobar's attorneys asked the judge for privacy regarding the motion because it "contains confidential, sensitive information which at this juncture should not be public record," according to the filing.

According to federal court rules, a defendant can bill the government for up to $11,800 per defense attorney in a felony case such as Escobar's.

The U.S. Attorney's Office for the Northern District of Ohio alleges Escobar used false diagnoses, falsified patient pain levels in medical charts, increased drug dosages and prescribed them for long periods, failed to adequately investigate patients' pain complaints, failed to consider treatment options that did not include controlled substances and ignored the results of patient urine screens.

In June, the judge agreed to allow attorney J. Gerald Ingram to add his son, Ryan Ingram, to Escobar's defense team at government cost because of the complexity of the case.

The court indicated on the court docket after Tuesday's hearing that Escobar is still "trying to obtain an expert witness and is working with the Sixth Circuit budget office to hopefully find two experts that will accept assignment."

On Oct. 27 Judge Nugent modified the terms of Escobar's supervision while free on bond to eliminate his requirement to have to wear GPS monitoring equipment.

The next hearing in his case is 9 a.m. Feb. 23, apparently canceling Escobar's Feb. 1 trial date. No new trial date is listed.

erunyan@tribtoday.com