A cardiologist in Westlake, Ohio, has lost an appeal fighting a two-decade sentence in federal prison after being accused for subjecting patients to unnecessary heart tests, reports Cleveland.com.
Harold Persuad, MD, defended himself by arguing that he was only being over-protective of his patients. However, the appeals court considered his argument problematic because a jury already decided he was guilty based on testimonies.
"Stated differently, Persaud's challenge fails because so much of his appeal depends on dismantling the methodology of the government's expert witnesses," Judge Danny Boggs wrote in the opinion of the three-judge panel. "Where he attempts to introduce new evidence or advance new arguments on appeal, moreover, he improperly asks this court to overturn his conviction based on evidence that was never placed before the jury."
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