Hospital whistleblowers re-indicted again - WALB.com, Albany News, Weather, Sports

Hospital whistleblowers re-indicted again

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March 2, 2006

Albany -- Will the third time be the charm for prosecutors in the Phoebe Factoid case?

The state is bringing it third indictment of the men behind the Phoebe Factoids. There were typographical errors in the second indictments against the men who wrote the faxed expose's.

Special prosecutor Kelly Burke convinced the grand jury to indict Dr. John Bagnato, his business accountant Charles Rehberg, and Mississippi Private Detective Jim Bowman for the third time for harassing phone calls and simple assault.

There are no changes to the charges, just a rewrite of the simple assault charge to make it more understandable.

Defense attorneys say the prosecution is having trouble writing the indictment because the criminal charges are so ridiculous. "What we are witnessing here is an example of gross and reckless incompetence. On the other hand, there might be some undetected element in the water in Perry," said defense attorney Boby Lee Cook.

The defendants filed motions to have the charges dismissed by the Judge. A pretrial hearing is scheduled March 20th.

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