Doctor gets 113-year sentence in opioid case
— Frank Lazzerini CANTON is not scheduled to be released from state prison until the third decade of the 22nd century.
Stark County Common Pleas Judge Kristin Farmer on Friday sentenced the former Jackson Twp. family doctor to 113 years of imprisonment.
After she read an excerpt from the Hippocratic oath where new doctors swear not to intentionally harm their patients, she called him a “figurative Dr. Frankenstein,” who committed crimes “far more egregious than that of any street-corner drug dealer.”
He created “[Percocet] monsters who became dependent upon you to feed their unwitting addictions. All while hiding your sole motive, amassing personal wealth behind a facade of care and concern.”
Lazzerini, 41, will be eligible for early release in 56½ years, when he would be 98 years old, prosecutors say.
He spent 17 months in the Stark County Jail awaiting trial after being unable to post bond of $5 million. When that’s applied as credit against his prison sentence, he would be due to be released in 2131.
A jury previously convicted Lazzerini of 187 felony charges, concluding he prescribed addictive pain medications without a legitimate medical purpose for dozens of patients, irresponsibly prescribed medication that killed 38-year-old Jaimie Hayhurst of Canton in 2014 and fraudulently overbilled Medicaid for services not rendered.
He would treat as many as 70 patients a day, often seeing them for less than five minutes. In one case caught on video by an undercover agent posing as a patient, the visit lasted roughly two minutes.
The jury found Lazzerini guilty of engaging in a pattern of corrupt activity, telecommunications fraud, Medicaid fraud, tampering with a record, grand theft, involuntary manslaughter, aggravated drug trafficking, drug trafficking and illegal processing of drug documents. The jury also acquitted Lazzerini of 76 felony charges.
While many charges merged for sentencing because they were from the same course of conduct, Farmer chose to stack many of them, resulting in the long sentence. Also, 22 years of the sentence must be served with no possibility of judicial release.
Lazzerini had rejected the prosecution’s pretrial plea offer of a 27-year sentence.
Farmer ordered Lazzerini to pay more than $71,000 in restitution to five Medicaid organizations he defrauded and more than $101,000 to cover the cost of the investigation and prosecution. Farmer also authorized the forfeiture to the state of 404 watches and a notebook computer, seized by agents during the raid of Lazzerini’s home.
Request for leniency
Lazzzerini’s attorney Brian Pierce argued that Lazzerini, who had no prior criminal record, had willingly given up his medical license in 2016 after police executed search warrants at his practice and Barberton home. And without a license, he was not likely to commit the offenses again.
A former patient of Lazzerini, a pastor who was an acquaintance, Lazzerini’s sister and Lazzerini’s mother pleaded with Farmer for leniency.
Lazzerini, who had smiled frequently and appeared upbeat during five weeks of his trial, looked extremely saddened as they spoke.
Margaret Lazzerini Jordan, said everyone, especially the local media, presumed her brother was guilty. No one, including the jury, wanted Stark County prosecutor to hear his side.
“He’s been made to look like a monster. A monster responsible for the whole opioid epidemic in Stark County,” she said.
“However, I know from my 41 years of experience with my brother that he’s not a monster. He’s not a criminal. Does he have a poor sense of humor at times? Absolutely. Did he hire the wrong people to work for him? Absolutely! Did his relationships with women make his life messy? Absolutely! Did he open his practice to help people and make a living? Absolutely! Did he attempt to harm anyone? Absolutely not!”
Jordan said drug manufacturers, distributors, heroin dealers, pharmacists and patients share in the blame, “however, my brother is the
‘We just felt that Mr. Lazzerini should not be able to come back out of jail. Because of the damage he did to a lot of people. This isn’t your one-victim crime. You’re talking many, many victims that are affected.’
John Ferrero
only one sitting in jail, and it’s simply not fair.”
She said her brother poses no threat to society, has already been sufficiently punished with the loss of his freedom the past 17 months as well as his possessions and professional livelihood.
“I believe in second chances and I hope you do, too, Judge Farmer,” Jordan said. “We are devastated as a family. Please grant us some mercy and compassion.”
Many victims
Farmer found that Lazzerini was indigent. The Ohio Public Defender’s office, not his private attorneys, will represent Lazzerini during his appeals.
Prosecutors said that none of the victims, including past patients and the sister of Jaimie Hayhurst, chose to address the court.
Stark County Prosecutor John Ferrero said Lazzerini was not entirely responsible for the opioid crisis but he did contribute to a patient’s death.
“I felt for the Lazzerini family. I understand they’re not going to see their son again [outside of prison],” Ferrero said.
“We just felt that Mr. Lazzerini should not be able to come back out of jail. Because of the damage he did to a lot of people. This isn’t your one-victim crime. You’re talking many, many victims that are affected.”
Ferrero said the case isn’t reflective of the local medical community.
“This is a reflection of one rogue doctor who lost his way through his practice.”