Mistrial Declared in Hillsborough Drug Trafficking Case Against Doctor

A Hillsborough County jury deliberated for over five hours last week after hearing evidence in the state’s prosecution of Dr. John Mubang for drug trafficking. Five jurors voted to find the Mubang not guilty; the other juror believed he should be found guilty. The trial judge declared a mistrial because the six jurors couldn’t reach a unanimous decision.

Most of the jury didn’t believe the state had proved Mubang had prescribed controlled drugs in “bad faith” — meaning that he didn’t take steps to make sure his patients truly needed the painkillers he prescribed. A criminal jury’s decision though must be unanimous and one juror believed Mubang was guilty.

Prosecutors accused Mubang of prescribing painkillers to three undercover detectives who never specifically complained of pain. The officers visited Mubang’s clinic several times over five months in 2008. The detectives testified that Mubang never examined them or inquired about their medical histories. They said he quickly wrote out prescriptions for pain and anxiety medications.

Detective Anthony Bordonaro got prescriptions for Vicodin, a painkiller; Robaxin, a muscle relaxant; and Xanax, an antianxiety drug. Deputy William Sims got Flexeril, a muscle relaxant; and Percocet, a painkiller.

Law enforcement described Mubang’s practice as a busy Seffner clinic where patients would line up most afternoons and discuss how easy it was to get prescriptions from Mubang.

Mubang testified in his own defense at trial. He pointed out notes in the officers’ medical files, where he had written down his observations of their ears, eyes, throats, breathing and other checks. Prosecutors argued that there was nothing wrong with the detectives and that Mubang’s file notes were made up.

Earlier in the proceeding, the trial judge dismissed a charge that accused Mubang of writing a prescription for a controlled substance solely for money.

Criminal verdicts in Florida must be the unanimous decision of the jury. If the jury fails to reach a unanimous decision after substantial time deliberating and they feel there is no hope at reaching unanimity, the judge will declare a mistrial due to the “hung jury.” The state could choose to retry the case at a later date or dismiss it entirely if they feel that there is a poor chance of a guilty verdict upon a second trial.

The case is currently set for scheduling hearing later next month.