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10/21/81 JOHN D. LIND v. MEDICAL LICENSING BOARD

filed.: October 21, 1981.

JOHN D. LIND, M.D., APPELLANT (PLAINTIFF BELOW),
v.
MEDICAL LICENSING BOARD OF INDIANA, APPELLEE (DEFENDANT BELOW).



APPEAL FROM THE SUPERIOR COURT OF HAMILTON COUNTY The Honorable Donald E. Foulke, Judge Cause No. S77-138

Buchanan, C.j., Sullivan, J. and Staton, J. (sitting by designation) concur.

Author: Buchanan

BUCHANAN, C.J.

CASE SUMMARY

Plaintiff-appellant John D. Lind, M.D. (Lind) appeals from the trial court's refusal to set aside the revocation of his medical license, raising numerous constitutional, procedural, and evidentiary errors.

We affirm.

FACTS

This cause was initiated when the Medical Licensing Board of Indiana (Board) sought to discipline Lind under IND. CODE § 25-22.5-6-2[Footnote 1] for being convicted of violating 18 U.S.C. §§ 371 (conspiracy), 842(h) (unlawfully dealing with stolen explosives), 844 (i) (damaging property used in interstate commerce by means of an explosive); and 26 U.S.C. §§ 5861(d), 5871 (possession of unregistered firearms). At a January 11, 1977 hearing, Lind's license was suspended until the appeal of his convictions in the federal courts was concluded.

Lind appealed from this suspension to the Superior Court of Hamilton County, that court reversing and remanding the cause to the Board for further findings of fact on April 25, 1977. After remand the Board filed charges against Lind in an instrument dated December 21, 1977, the Board claiming he had violated I.C. § 25-22.5-6-2(2), (5), (6), and (8).[Footnote 2] Omitting formal parts, the charging instrument reads:

CHARGE I

That John D. Lind, M.D., did knowingly, purposely and illegally commit acts which [sic ] a felony conviction resulted, said acts having a direct bearing on whether or not the respondent should be entrusted to serve the public as a licensed physician which conviction is recorded as Cause #I.P. 76-61-CR in the U.S. District Court, Southern District of Indiana, for violation of the laws of the United States.

SPECIFICATIONS

1. That John D. Lind, M.D., conspired to firebomb the Anderson Plumbing Company, a privately owned business establishment located in Anderson, Indiana, which said firebombing was committed with utter disregard for the life and safety of any person or persons within the premises or the general public.

2. That John D. Lind, M.D., did illegally obtain and possess a dangerous substance, to-wit, dynamite.

3. That John D. Lind, M.D., did store and conceal stolen explosive materials, to-wit, dynamite, knowing and having reasonable cause to believe explosive materials were stolen.

4. That John D. Lind, M.D., did knowingly and purposely conspire and agree together with a patient to maliciously attempt to damage and destroy by means of an explosive material, to-wit, dynamite Plumb-Rite Supply Corporation facility of Anderson, Indiana, a structure being used in a business between the corporation and the general public.

5. That John D. Lind, M.D., committed illegal acts for which he was convicted in utter disregard for the physician-patient relationship and with utter disregard for the safety, welfare, health and life of his patient.

CHARGE II

That John D. Lind, M.D., did knowingly and illegally furnish a drug classified as a narcotic, addicting or dangerous drug to a habitue or addict.

SPECIFICATIONS

1. That John D. Lind, M.D., did knowingly furnish certain drugs in the form of pills, to-wit, quaalude, a Schedule II controlled substance as defined by law to one Gary Lake, a known habitue or addict.

2. That John D. Lind, M.D., did knowingly furnish certain drugs in the form of pills, to-wit, black beauties, a Schedule II controlled substance as defined by law to one Gary Lake, a known habitue or addict.

CHARGE III

That John D. Lind, M.D., is a duly licensed physician in the State of Indiana and actively engaged in wilful and wanton misconduct in the practice of medicine.

SPECIFICATIONS

1. That John D. Lind, M.D., while engaging in the practice of medicine as a licensed physician did wrongfully, immorally and illegally influence a patient or person who submitted himself to said physician as a patient to commit acts and violate the laws of the United States.

2. That John D. Lind, M.D., while engaging in the practice of medicine as a licensed physician did knowingly and illegally conspire and agree together with a patient to violate the laws of the United States, to-wit:

1. (a) being convicted of violation of 18 U.S.C. 844 (i)

(b) being convicted of violation of 18 U.S.C. 842 (h)

(c) being convicted of violation of 18 U.S.C. 371

2. being convicted of violation of 26 U.S.C. 5861 (d) and 5871

3. being convicted of violation of 18 U.S.C. 844 (i)

4. being convicted of violation of 18 U.S.C. 842 (h) as indicated in the following attachment from the U.S. Dept. of Justice, Southern District of Indiana In Cause No. I.P. 76-61-CR.

3. That said John D. Lind, M.D., while engaged in the practice of medicine as a licensed physician did conspire with and cause a patient, to-wit, Gary Lake, to discharge a firearm loaded with bullets and aimed at or against another person, to-wit, Ted S. Doles, M.D., with intent to injure or kill said person.

4. That said John D. Lind, M.D., while engaged in the practice of medicine as a licensed physician did conspire with and cause a patient, to-wit, James Farrington, to discharge a firearm loaded with bullets and aimed at or against another person, to-wit, Ted S. Doles, M.D., with intent to injure or kill said person.

5. That said John D. Lind, M.D., while engaged in the practice of medicine as a licensed physician did conspire with and cause a patient, to-wit, Gary Lake, to discharge a firearm loaded with bullets and aimed at or against another person, to-wit, Phillip D. Foley, M.D., with intent to injure or kill said person.

6. That said John D. Lind, M.D., while engaged in the practice of medicine as a licensed physician did conspire with and cause a patient, to-wit, James Farrington, to discharge a firearm loaded with bullets and aimed at or against another person, to-wit, Phillip D. Foley, M.D., with intent to injure or kill said person.

7. That said John D. Lind, M.D., while engaged in the practice of medicine as a licensed physician did knowingly immorally instigate, lead, initiate and plan acts of violence in violation of the laws of the United States and wrongfully and knowingly use and dispense illegal drugs to influence a patient to conspire and agree together with said patient to commit a violation of the laws of the United States.

CHARGE IV

That John D. Lind., while duly licensed as a physician wilfully performed acts likely to harm the public.

SPECIFICATIONS

1. That John D. Lind., did knowingly, purposely and illegally cause to be used a dangerous explosive material, to-wit, dynamite, in a manner likely to kill, injure or otherwise harm the general public.

Record at 633-34.

Lind filed a "Motion to Make More Specific-Motion for Bill of Particulars" to which the Board responded on March 13, 1978, three days before a hearing scheduled for March 16, 1978. The Board's response to the motion (Response), which Lind says included charges not listed in the original charging instrument, reads in pertinent part:

Specification 3:

a) When and where did this conspiracy occur?

Answer : Latter part of February and early March; in Dr. Lind's Office.

b) When did this discharge of firearm take place?

Answer : March 27, 1975.

Specification 4:

a) When and where did the conspiracy occur?

Answer : March 27, 1975; Driveway of Dr. Doles, 2200 Forest Drive, Middletown, Indiana.

b) When did this discharge of firearm take place?

Answer : March 27, 1975.

Specification 5:

a) When and where did this conspiracy take place?

Answer : Various times, various places.

b) When did this discharge of firearm take place?

Answer :

Specification 6:

a) When and where did this conspiracy occur?

Answer : Varies [sic ] times, various places.

Specification 7:

a) What acts of violence does specification refer to and what violation of laws?

Answer : Fire bombing Plumb Rite Co.

b) What illegal drugs were used and dispensed? When was this done?

Answer : Quaalude and Biphetamines. At various times.

c) What drugs were used?

Answer : Quaalude and Biphetamines.

CHARGE I

Specification 4:

a) Name of patient referred to in said charge.

Answer : Gary Lake

Specification 5:

a) Name of patient.

Answer : Gary Lake

CHARGE II

Specification 2:

a) Medical term for "black beauties".

Answer : Biphetamines

CHARGE III

Specification 1:

a) Name of patient.

Answer : Gary Lake, James Raymond Farrington, Bill Pinyon

b) When did he influence said patient?

Answer : He influenced Gary Lake and James Raymond Farrington during February and March of 1975 to commit acts and violate laws of the United States on March 27, 1975. He also influenced Gary Lake and James Raymond Farrington on or about October 10, 1975. He influenced Bill Pinyon to commit acts and violate laws of the United States in the Summer and Spring of 1972, October of 1972, the Summer of 1973 and Fall of 1974.

c) How did he influence said patient?

Answer : Doctor Lind influenced the patients by combinations of persuasion, drugs, financial rewards and promises of financial rewards.

d) What illegal acts?

Answer : Gary Lake and James Farrington were influenced to shoot at a physician and bomb a business. Bill Pinyon was influenced to attempt a burglary at the Middletown Clinic in Anderson, Indiana. Bill Pinyon was also influenced by Doctor Lind to attempt a homicide of Dr. Phillip P. Foley, M.D. Pinyon was also influenced to be an accessory to the commission of a burglary and an ...


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