Gayle Rothenberg, the prominent Houston doctor who was convicted of using fake Botox on her patients, has had that conviction overturned by the Fifth US Circuit Court of Appeals.
The appellate court ripped into Rothenberg's trial, saying prosecutors presented evidence -- and the judge allowed it in -- that was irrelevant and highly harmful to Rothenberg in terms of the jurors considering her case.
The court remanded the case for a new trial, but made it clear any re-trial would have to be sure not to include such things as testimony from Chad Livdahl, who was selling the fake Botox.
"[R]esplendent in prison garb, Mr. Livdahl gave testimony that is replete with irrelevant, prejudicial and potentially confusing testimony," the court wrote, apparently so pissed off that they had to use "testimony" twice.
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The panel also criticized testimony from an employee of Rothenberg who said she had read an article about the dangers of the fake Botox and discussed it with her.
"We see little, if any, relevance in an article about patients Dr. Rothenberg did not treat, in a state in which she does not practice, concerning a substance from a source other than [what Rothenberg used], at a time after she stopped using the challenged...substance," the court wrote.
Well, yeah, when you put it that way.
"Round 3," says Rothenberg's lawyer, Joel Androphy. "The government acted out of bounds in trying to vilify Dr. Rothenberg, therefore we will have to try the case for the third time."