The federal prosecutor and the federal public defender representing Angel Martin traded motions on Wednesday asking the court to limit the scope of testimony and evidence each may attempt to enter at the Newton doctor's health care fraud trial set to begin Monday in Des Moines.
Earlier this week, prosecutors filed papers with the court indicating they intended to introduce evidence pertaining to peer review by the Iowa Board of Medical Examiners, evidence of past allegations concerning patient coding, billing for dictation, billing physician's assistant services under Dr. Martin's name and billing for services under other provider numbers.
Martin's attorney, Joseph Herrold of the federal public defender's office, asked the court to exclude any such evidence or testimony.
"Such evidence is irrelevant, will confuse the issues in the case, cause undue delay, and any marginal relevancy is outweighed by the prejudicial effect of the evidence," Martin's attorney wrote in his motion to the court.
Federal prosecutor Nicholas Klinefeldt filed a motion of his own asking that the defense in the case have limitations placed on what issues it might raise without first having the judge, out of earshot of the jury, hear arguments on the basis of its admissibility.
Specifically, the prosecutor wants the court to exclude any evidence or testimony by Martin's attorney or witnesses that refer to the "collateral consequences of conviction, conviction affecting health care in the Newton, Iowa area, patient concerns if defendant is convicted, potential sentence defendant faces if convicted and plea negotiations."
Martin was charged with 31 counts of federal health care fraud in April following a grand jury investigation. He is accused of making payment misrepresentations to three health care insurance providers, as well as Medicaid and Medicare.
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