COVINGTON, Ky. — Former Kenton County Coroner David Suetholz has asked the United States Court of Appeals to reverse his convictions and grant him a new trial.
Suetholz was convicted on 12 counts in 2022, including illegally dispensing opioids.
In June, he was sentenced to one year and a day in federal prison.
"The government failed to present sufficient evidence that he knowingly and intentionally violated the law," according to the brief filed by Suetholz's attorneys in October. "The district court erred when it denied Dr. Suetholz's motions for judgment of acquittal."
Suetholz, 75, is no longer a practicing physician.
On February 17, 2023, the Kentucky Board of Medical Licensure (KBML) revoked his medical license.
In Suetholz's brief, his attorneys claim U.S. District Court Judge David Bunning — identified as "the court" — made "several substantial and prejudicial legal errors warranting reversal of his conviction and a new trial."
According to the brief, Bunning "prejudiced" the jury against Suetholz by allowing them to hear evidence that should have been ruled inadmissible.
That evidence included details on the deaths of two of Suetholz's patients who died from drug overdoses, even though he didn't prescribe the drugs that killed them, according to the brief.
Suetholz's appeal also claims Bunning gave the jury improper instructions.
"Therefore, this Court should reverse his conviction, as no reasonable jury could conclude beyond a reasonable doubt that Dr. Suetholz knowingly or intentionally violated the law," according to Suetholz's brief.
On Thursday, prosecutors filed their response to Suetholz's appeal. According to their filing, Judge Bunning's rulings didn't prevent Suetholz from receiving a fair trial based on evidence.
"Suetholz's arguments against the jury's verdict ignore the overwhelming evidence of his guilt," according to the prosecution's response.
The prosecution argued that "Suetholz's dangerous prescribing" of high-dose opioids in combination with other prescription medicines put patients at greater risk.
Suetholz had ignored previous warnings and was sanctioned by the KBML a decade ago for —in part — prescribing opioids without justification to a patient with a history of addiction, according to a prosecutor's sentencing memo.
Before Suetholz was sentenced in June, 30 people wrote letters to Bunning in support of Suetholz.
About 500 people signed a petition supporting Suetholz.
The petition was also filed with the court.
"I care about my patients, and everyone in the community that was here knows that," Suetholz said after his sentencing hearing in June. "I did not make any mistakes."
The prosecution had asked Bunning to sentence Suetholz to 63 months in prison.
But Bunning, calling it one of the most difficult cases he's had, sentenced Suetholz to one year and a day in prison.
The judge didn't order Suetholz to report to prison because his attorneys told Bunning they planned to file an appeal.
It's unclear when the Court of Appeals will rule on the case.
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