Judge hears issues in case of men charged with illegally practicing medicine
Aug. 18, 2014 at 3:12 p.m.
Victoria County District Attorney Stephen Tyler asked on Monday to amend the indictments of two men charged with illegally practicing medicine in the region.
He proposed adding the names of the victims, Nelson Jannssen and Estelle L. Jannssen, to the indictment, which was filed May 2.
The request came after one of the defendants, Joseph Andrew DiRuzzo, 62, of Richardson, filed 13 motions asking the court to throw out the indictments.
In at least one of DiRuzzo's motions, he complained the indictment was too vague because it did not specify whether a human or an animal was treated or for what malady.
Tyler said after the 1:30 p.m. hearing that courts prefer indictments to be more specific because it could prevent the defendants from being charged with or convicted of the same offense twice.
Judge Robert C. Cheshire, who is presiding over the case, denied all of DiRuzzo's 13 motions, but could revisit them later.
The defense has 10 days to prepare a response to Tyler's motion to amend the indictments.
DiRuzzo and co-defendant, Timothy McMahan, 59, of Victoria, were arrested on March 19.
They are charged with 16 counts of illegally practicing medicine, a third-degree felony.
They are charged with withdrawing blood and fluids from people and injecting them with what was purported to be stem cells from April to October 2013, according to the indictment.
DiRuzzo is representing himself, but McMahan is represented by attorney Richard W.B. "Rick" Davis, of Bryan.
DiRuzzo objected to an amended indictment, but Davis did not.
The parties will meet again on Sept. 19 to discuss the amended indictment and two motions to suppress evidence.
DiRuzzo is seeking to suppress evidence found at his office. He argues he wasn't present during the search and police officers did not legibly write their names on an inventory of items seized, according to court documents.
McMahan, meanwhile, wants evidence found in his truck thrown out. He argues police did not have probable cause to search, according to court documents.