Dr. Eugene Gosy Appears in Federal Court

Pleads Not Guilty; Bail situation to be determined

Mike Baggerman
November 14, 2017 - 4:03 pm

WBEN Photo/Mike Baggerman


BUFFALO, N.Y. (WBEN) – Dr. Eugene Gosy pleaded not guilty in federal court on Tuesday afternoon.

The Clarence-based doctor received a 166-count federal indictment which included conspiring to distribute opioids that resulted in the death of six patients.

A major part of his court appearance revolved around bail for the doctor. United States attorneys sought for Gosy to post a $250,000 bail and cease his practice of medicine in Clarence. However, Judge Kenneth Schroeder denied the government’s motion and pressed the attorney over their lack of sufficient reporting and evidence.

WATCH: Dr. Gosy arrives to federal court on Tuesday afternoon

The government argued that Gosy was a danger to the community because the new charges made the allegations clearer. Judge Schroeder asked whether there have been new complaints about Gosy since he began practicing under the supervision of Dr. James Hitt at the Gosy Center. The U.S. attorneys could not adequately prove that there were new complaints, leading to dismissal.

"We were surprised the government chose to do that," Joel Daniels, Gosy's attorney, said. "They've been watching his practice now for the last year and a half. He's been fully compliant with all the conditions of bail. He continues to see patients under supervision and all seems to be working out well."

Daniels called for a “signature bond” and said Gosy is not a threat to leave the region, let alone his own zip code. He argued that Gosy used his own home as collateral for posting bond and planned to liquidate a part of his 401k.

"We asked the court to change the bail conditions because those are funds that we would need for trial costs and, more importantly, expert expenses," Daniels said. "We feel Dr. Gosy poses no risk of flight."

Judge Schroeder called the bail money a “gray area” because he doesn’t want to deprive Dr. Gosy of his ability to make money while he goes through this legal battle. He requested a memorandum of funds from Gosy to be provided by November 28 from the defense and a response by December 12 from the prosecution.

"Dr. Eugene Gosy is a very caring physician," Daniels said following Tuesday's arraignment. "He treats patients that other doctors try to avoid and if you're a chronic pain sufferer and that pain is there 24/7, believe me, he's your last best hope. That's why so many doctors in Western New York continue to send their pain patients to Dr. Gosy."

Daniels told reporters that Gosy's clients abused medications, resulting in an overdose. He said it's unfair to blame Dr. Gosy and brand him as a criminal.

Oral arguments are scheduled to begin on March 19 at 10 a.m.

LISTEN: Joel Daniels speaks to reporters following Dr. Gosy's arraignment

Gosy - Daniels RAW.mp3

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