Preliminary talks between a defense lawyer and the prosecution took place at the end of last week in the case of well-known local doctor David Hornick.
The phone conversation between Defense Attorney Kent Sprotberry and Schenectady County District Attorney Robert Carney left the defense lawyer saying he is very grateful to the prosecution for hearing his side. But nearly two months after the doctor's arrest, the district attorney has not decided whether to seek an indictment in the high-profile case.
Carney is expected to contact staff at the state Department of Health about the controls that apply to physician handling of prescription medications. Then the county's top prosecutor will weigh whether it is appropriate for his office to push ahead with a case on the drug possession and criminal possession of stolen property charges facing Hornick.
The doctor's vehicle was stopped in a local shopping mall parking lot with a trunk full of prescription medications on June 5 after a former patient complained to state officials that she hadn't received her required medications. Hornick has consistently claimed the drugs are part of his medical practice and are used on home visits with patients.
Rosann Wilson, the ex-patient who initially complained about the doctor, has an order of protection against her after allegedly phoning in a series of hostile calls to Hornick's home, including a death threat. A resulting harassment case against Wilson is still pending.
Sprotberry said Tuesday afternoon that his client could face administrative charges due to a lack of "neatness" in maintaining prescriptions and the required records, but he remains optimistic that prosecutors won't go forward with a criminal case.
"There is a whole range of neatness with everything being kept perfectly on one end of the spectrum and papers being kept in disarray on the other side of the spectrum," the attorney said. "David is much closer to the latter end of the spectrum."