- Associated Press - Tuesday, September 9, 2014

DES MOINES, Iowa (AP) - A Des Moines pharmacy owner accused of selling nearly 700,000 pills of addictive painkillers will have a separate federal trial on allegations that he misspent company money and failed to pay taxes, a judge ruled.

U.S. District Judge James Gritzner said Monday that Mark Graziano, principal owner of Bauder’s Pharmacy, should have two trials, the Des Moines Register reported (https://dmreg.co/WFFTZS ). Graziano is scheduled to stand trial on 15 financial charges at the end of October. His trial on a drug charge will be held later.

Graziano’s lawyer, Guy Cook, had argued that his client wanted to testify in his defense against the drug charge, but probably would invoke his Fifth Amendment right not to testify against the financial charges. Prosecutors had contended that the charges should be tried together because they are closely related.

But Gritzner wrote that the charges “appear to involve two sets of largely separate, discrete acts - diverting and distributing controlled substances and using the corporation’s credit card for personal gain.”

Authorities raided Graziano’s store in 2012 after an informant said Graziano illegally sold hydrocodone pills. Graziano denies the claims. He was indicted in April.

Another man, Andrew Michael Enloe, is accused of helping Graziano. Enloe has pleaded not guilty to one count of conspiracy to distribute drugs.


Information from: The Des Moines Register, https://www.desmoinesregister.com

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