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New trial set for Needham doctor in opioid case

Dr. Joseph P. Zolot.JOHN TLUMACKI/GLOBE STAFF

A federal judge set a new trial date Monday for a Needham doctor and nurse practitioner accused of recklessly prescribing powerful opioids to drug addicts, after a jury in August deadlocked.

US District Judge Patti B. Saris set the trial date for Feb. 23, 2015, in the case of Dr. Joseph Zolot and Lisa Pliner, after prosecutors and lawyers told Saris they expect that a second trial would last more than two months.

Saris said she would consider a separate request by the defense to dismiss the case based on a lack of evidence that was presented in the first trial. The request is routine in criminal trials, and Saris indicated she would let the charges stand.

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The jury’s failure to render a verdict in the first trial was a disheartening end to a months-long trial that touched upon the difficulties of treating patients grappling with addiction and chronic pain. The trial, which lasted more than a month, came as the state faces a growing opioid abuse epidemic.

At least six of Zolot’s patients died of overdoses between 2004 and 2006, though he and Pliner were not charged in their deaths.

Two jurors told the Globe after the trial ended in August that the panel was deadlocked 11 to 1 in favor of conviction, and that the dissenter was steadfastly against any discussion about convicting the doctor and nurse practitioner.

The jury needed to reach a unanimous decision, so Saris declared a mistrial.

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8/14: Mistrial in Needham doctor’s drug case


Maria Cramer of the Globe staff contributed to this report. Milton Valencia can be reached at milton.valencia@globe.com.