Researcher to head back to court

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A former Medical College of Georgia researcher who did prison time for cheating the university out of more than $10 million will be back in court later this summer.

Richard Borison, 58, who was paroled in March after nearly a decade behind bars, is asking the court to void his conviction and sentence.

In his newest legal petition, Dr. Borison contends the majority of his convictions are unconstitutional because he was punished twice for the same conduct -- first under the state's Racketeer Influenced and Corrupt Organization Act and again under the charges of theft and false statements.

The theft and statements charges were listed as predicator acts in the RICO charge, the petition alleges.

Dr. Borison's attorney, McNeill Stokes of Atlanta, said Monday that they are just trying to get Dr. Borison back on his feet and shorten the time he must be on probation.

Dr. Borison and former research partner Bruce Diamond defrauded MCG of $10 million to $11.5 million in research funds that they pocketed instead of turning over to the school.

Dr. Diamond, who earned a doctorate in health science, pleaded guilty first and was sentenced to five years in prison followed by five years on probation. He also agreed never to engage in patient studies again.

Dr. Borison and Dr. Diamond both joined MCG in 1981. Dr. Borison's career flourished and he became the chairman of the school's department of psychiatry and health behavior. The doctors teamed up to run clinical trials, testing new drugs to treat mental illnesses. The money came from pharmaceutical companies.

A hearing for Dr. Borison's petition is set for Sept. 9. His case has been assigned to Richmond County Superior Court Judge Duncan D. Wheale.

Staff writer Tom Corwin contributed to this report.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

BACKGROUND: Noted medical researcher Richard Borison, who had been a Medical College of Georgia department head, and colleague Bruce Diamond pocketed money paid by pharmaceutical companies to conduct human drug studies. The medicines tested were to treat mental illnesses.


TAKING A PLEA: In the midst of his trial in October 1998, Dr. Borison opted to plead guilty to 36 criminal charges of theft, false statements and violation of the state's Racketeer Influenced and Corrupt Organization Act.


SENTENCE: Dr. Borison was sentenced to 15 years in prison followed by 15 years' probation, fined $125,000 and ordered to pay $4.26 million in restitution. He was released earlier this year after serving about 10 years in prison.


-- From staff reports



BACK STORY:


In the midst of his trial in October 1998, noted medical researcher Richard Borison opted to plead guilty to 36 criminal charges of theft, false statements and violation of the state's Racketeer Influenced and Corrupt Organization Act.


He was sentenced to 15 years in prison followed by 15 years probation, fined $125,000 and ordered to pay $4.26 million in restitution. Dr. Borison, who had been a Medical College of Georgia department head, and colleague Bruce Diamond pocketed money paid by pharmaceutical companies to conduct human drug studies. The medicines were tested to treat mental illnesses.


Dr. Borison was released earlier this year after serving about 10 years in prison.

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augusta49
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augusta49 07/01/08 - 08:57 am
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Well, you never know what to

Well, you never know what to expect with Judge Wheale. He throws harsh punishment for the smallest things and virtually nothing for the people with large crimes....or either he rescinds their sentences, etc. I'll be glad when he's gone. If he could take Pat Hardaway with him, we would be so much better off. Then maybe we could get some "real" justice around here.

REDRIDER
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REDRIDER 07/01/08 - 11:39 am
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Thease are the two Vultures

Thease are the two Vultures that delt experimental drugs to VA patients Like My Dad who died in the VA who had mental problems but not heart problems

mable8
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mable8 07/01/08 - 09:06 pm
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Dr Borison broke several laws

Dr Borison broke several laws and was tried on each count; he was not unduly punished. Needs to serve his time just like any other individual.

kizp
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kizp 07/01/08 - 11:10 pm
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augusta49 you arre right!!

augusta49 you arre right!! The sooner we get rid of Pat Hardaway the better. Is bad as she is I am shocked she is still around.

Craig Spinks
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Craig Spinks 07/02/08 - 08:00 am
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Money again takes on Truth in

Money again takes on Truth in the never-ending struggle. Borison will find to his dismay that Ashley is as tough as her predecessor- as hard to believe as that might read.

Bizarro
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Bizarro 07/02/08 - 11:46 pm
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What injustices has Hardaway

What injustices has Hardaway committed?? The probate judge handles civil affairs like wills and estate issues, marriage licenses and birth certificates, and traffic citations. Sounds like the two of you have had some bad experience with wills or traffic violations and it is just sour milk. Is it an elected or appointed position?In any case if Borison gets off on a technicality a great injustice will occur.

Bizarro
13
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Bizarro 07/02/08 - 11:47 pm
0
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What injustices has Hardaway

What injustices has Hardaway committed?? The probate judge handles civil affairs like wills and estate issues, marriage licenses and birth certificates, and traffic citations. Sounds like the two of you have had some bad experience with wills or traffic violations and it is just sour milk. Is it an elected or appointed position?In any case if Borison gets off on a technicality a great injustice will occur.

Bizarro
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Bizarro 07/02/08 - 11:49 pm
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What injustices has Hardaway

What injustices has Hardaway committed?? The probate judge handles civil affairs like wills and estate issues, marriage licenses and birth certificates, and traffic citations. Sounds like the two of you have had some bad experience with wills or traffic violations and it is just sour milk. Is it an elected or appointed position?In any case if Borison gets off on a technicality a great injustice will occur.

Bizarro
13
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Bizarro 07/02/08 - 11:50 pm
0
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What injustices has Hardaway

What injustices has Hardaway committed?? The probate judge handles civil affairs like wills and estate issues, marriage licenses and birth certificates, and traffic citations. Sounds like the two of you have had some bad experience with wills or traffic violations and it is just sour milk. Is it an elected or appointed position?In any case if Borison gets off on a technicality a great injustice will occur.

Bizarro
13
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Bizarro 07/02/08 - 11:51 pm
0
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What injustices has Hardaway

What injustices has Hardaway committed?? The probate judge handles civil affairs like wills and estate issues, marriage licenses and birth certificates, and traffic citations. Sounds like the two of you have had some bad experience with wills or traffic violations and it is just sour milk. Is it an elected or appointed position?In any case if Borison gets off on a technicality a great injustice will occur.

Bizarro
13
Points
Bizarro 07/02/08 - 11:51 pm
0
0
What injustices has Hardaway

What injustices has Hardaway committed?? The probate judge handles civil affairs like wills and estate issues, marriage licenses and birth certificates, and traffic citations. Sounds like the two of you have had some bad experience with wills or traffic violations and it is just sour milk. Is it an elected or appointed position?In any case if Borison gets off on a technicality a great injustice will occur.

Bizarro
13
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Bizarro 07/02/08 - 11:52 pm
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n/a

Bizarro
13
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Bizarro 07/02/08 - 11:52 pm
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n/a

Bizarro
13
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Bizarro 07/02/08 - 11:53 pm
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n/a

Bizarro
13
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Bizarro 07/02/08 - 11:53 pm
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n/a

Bizarro
13
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Bizarro 07/02/08 - 11:54 pm
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n/a

Bizarro
13
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Bizarro 07/03/08 - 12:52 am
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What happened I posted it

What happened I posted it once?????????Weird. Screw trying to fix it.

corgimom
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corgimom 09/15/08 - 04:55 pm
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I was part of the drug trials

I was part of the drug trials back in the 1990's testing a drug for mild depression. The studies were run by the clerk that worked for them- I never saw either one of them until the study was over. That is inexcusable. They both deserved to be in prison. It's not just about cheating for money- it's the fact that experimental drugs were used on people that weren't being examined by, or a medical history taken by, a doctor. That's against the law, not to mention morally and ethically wrong. It has been questioned in my disability hearings as a possible factor in my illness now.

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