The last pending issue in Richard Borison's criminal trial has been settled in Richmond County Superior Court, clearing the way for the trial to begin Monday.
Judge Bernard J. Mulherin Sr. ruled Tuesday against defense motions attacking the legality of searches of Dr. Borison's home, office, storage facilities, car and the home of his father. The judge's ruling means prosecutors may use any of the evidence gathered in those searches during the trial slated to begin Monday.
Dr. Borison has pleaded not guilty to 82 counts of theft by taking, 10 counts of theft of services, 15 counts of making false statements, one count of conspiracy to violate the state Controlled Substance Act, two counts of state income tax evasion, one count of bribery and one count of violating the Racketeer Influenced and Corrupt Organization Act.
Prosecutors allege Dr. Borison and his former research partner stole more than $10 million that belonged to the Medical College of Georgia, where they worked. The money was paid by pharmaceutical companies for the testing of new drugs to treat Alzheimer's disease and mental illnesses.
The searches, conducted in February 1997 after the doctors were indicted by a Richmond County grand jury, resulted in the seizure of hundreds of documents.
Dr. Borison remains free on a $1 million bond pending trial. He is practicing psychiatry in Augusta. Dr. Borison was the chairman of MCG's psychiatry department until he resigned in June 1996 as the college began investigating his research work.
Dr. Borison's partner, Bruce Diamond, pleaded guilty to reduced charges Dec. 16 and received a five-year prison sentence followed by 10 years on probation. He also was fined $125,000 and ordered to pay $1.1 million in restitution to the Board of Regents of the University System of Georgia. He is scheduled to testify as a prosecution witness at Dr. Borison's trial.