YOUNGSTOWN, Ohio (WKBN) — A Boardman podiatrist Wednesday in Mahoning County Common Pleas Court balked at a plea offer that included no jail time on a 79-count indictment.
Assistant Prosecutor Ken Cardinal said he was comfortable offering Dr. James Prommersberger, 56, a sentence with probation because he would lose his medical license, his standard of living and would be humiliated.
“He would live with that (humiliation) longer than any court could impose,” Cardinal said.
J. Gerald Ingram, attorney for Prommersberger, said he declined the plea offer because he does not believe he did anything wrong.
“Dr. Prommersberger finds this difficult to accept because he does not believe he did anything wrong,” Ingram said.
Prommersberger was indicted in February 2019 after an undercover investigation prompted by complaints from several area pharmacies about the prescriptions he was writing.
Several people made appointments to see Prommersberger as part of the undercover aspect of the investigation and were often prescribed opiates with just a minimal examination, investigators said.
A medical expert also worked with authorities and determined by target reviewing patient files that there was no medical need for the prescriptions.
Cardinal said he wanted Prommersberger to plead guilty to all 79 counts and pay over $29,000 restitution split up among three different agencies to pay for the investigation.
Cardinal said he is prepared to take the case to trial if he has to. He said the offer is only good until the next court date.
Judge D’Apolito said he will set a pretrial date for the immediate future, and if Prommersberger does not accept the offer, then the case will go to trial sometime after the first of the year.