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Proceeding accordingly Judge: Romanowskis' doctor can testify in drug trials
CASTLE ROCK, Colo. (AP) -- Conversations Denver Broncos linebacker Bill Romanowski and his wife allegedly had with their physician about illegally obtaining a prescription diet drug are not protected by doctor-patient confidentiality, a judge has ruled. The ruling by Douglas County District Judge Thomas Curry means Bill and Julie Romanowski will not be able to block the testimony of Dr. Randall Snook at their upcoming drug trials. Curry issued the ruling last month but it was not released until Monday because of efforts by the Romanowskis' attorney to keep it sealed. The Romanowskis are accused of illegally obtaining the prescription diet drug phentermine for Bill Romanowski. The drug was prescribed for Julie Romanowski and a friend. Romanowski is charged with one count each of unlawful possession of a controlled substance and obtaining a controlled substance by fraud and deceit and two counts of conspiracy. His trial is scheduled May 1.
Julie Romanowski is charged with eight counts of illegally obtaining diet pills and one count of conspiracy. Her trial is scheduled March 13. Snook pleaded guilty to providing the diet pills and was sentenced to 18 months of probation. Prosecutors allege that Snook prescribed phentermine for Julie Romanowski and a family friend even through it was intended for Bill Romanowski's use. The appetite suppressant also acts as a stimulant to the central nervous system. Harvey Steinberg, the Romanowskis' attorney, sought to have the charges against the couple dismissed, claiming government agents acted outrageously in carrying out their investigation, obtained statements improperly and violated the doctor-patient privilege between the Romanowskis and Snook. But Curry ruled there was no doctor-patient relationship between either of the Romanowskis and Snook in obtaining prescriptions for phentermine, and that no privilege of confidentiality existed. "Before he called in any of the prescriptions, except the one in August 1999, the doctor had no medical information, history, or records concerning William Romanowski from any source," Curry wrote. Based on the evidence and argument presented last month, Snook knew only that Romanowski had taken the drug in the past, the judge wrote. Curry also found that Snook knew the drug was being used for a purpose other than for appetite suppression. Snook testified that he wrote the prescriptions not for a medical need but because "there was no reason for William Romanowski not to have the medication," the ruling said. Even if a doctor-patient privilege did exist, conversations between Snook and the Romanowskis regarding the acquisition of phentermine are not protected because the drug was being used for something other than its intended purpose, Curry said in his order. "Mr. Romanowski's use, exclusively for pre-game purposes, was other than for a legitimate treatment purpose," the judge ruled. District attorney spokesman Mike Knight said the ruling allows prosecutors to continue preparing their cases against the Romanowskis. "We agree with the ruling and we will proceed accordingly," Knight said. Steinberg declined to comment.
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