SALT LAKE CITY — A Brigham City doctor convicted of illegally prescribing painkillers this month will get another day in court before he is scheduled to be sentenced.
U.S. District Judge Dee Benson granted Dewey MacKay's defense lawyers a hearing Sept. 21 on their allegation that prosecutors lied during the five-week trial's closing arguments. In a motion filed as the jury deliberated Aug. 17, attorney Peter Stirba asked the judge to dismiss the charges against MacKay, contending the false statements prevented the jury from fairly evaluating the evidence.
Prosecutor Michael Kennedy in his response wrote the allegation carries no factual basis. The judge's instruction to the jury that attorneys' statements or arguments are not evidence cures any misstatements that might have been made, he wrote.
The jury found MacKay guilty on 40 of the 86 counts against him, including two counts related to the death of a 55-year-old man. He is scheduled to be sentenced Oct. 23.