Crime

‘Monster’ KC pharmacist who diluted medications for years to be released 7 years early

Update: “It’s not right”: Family members of Robert Courtney’s victims speak out. Story here.

A Kansas City man who diluted thousands of prescriptions as a pharmacist will be released early from federal prison because of the coronavirus, according to an attorney who worked on hundreds of cases on behalf of victims.

Robert Courtney, 67, was sentenced to 30 years in prison in December 2002. He was projected to be released in May 2027.

Courtney’s release was part of a review by the U.S. Department of Justice in response to the pandemic.

Michael Ketchmark, an attorney whose office was involved in more than 275 wrongful death lawsuits against Courtney, called on the department to reverse its decision.

“I think it’s one thing as a society to show compassion to certain nonviolent criminals who are at risk of catching COVID, but it is horribly misplaced to allow Robert Courtney out of prison. He admitted to diluting over 98,000 prescription drugs,” Ketchmark said. “He is a vicious monster who belongs in jail until the very last day of his sentence.”

Ketchmark said he was informed that Courtney could be released as early as this week to a halfway house and from there, to home confinement.

During an investigation that began in mid-2001, Courtney admitted to diluting 72 different medications over nearly a decade. Most were cancer treatment drugs, but others could have been used to treat AIDS, multiple sclerosis, arthritis and other diseases.

Authorities estimated his scheme could have touched 4,200 patients.

Courtney’s insurance company agreed to pay $35 million to victims, and two pharmaceutical makers paid $71 million in settlements.

In December, Courtney filed a motion for a sentence reduction. It was denied April 3.

He filed another motion July 9 asking for compassionate release based on his age, health concerns and the COVID-19 pandemic.

According to the motion, Courtney has suffered from hypertension, a stroke, three heart attacks, cancer and internal bleeding while in prison.

More than 3,100 federal inmates have contracted the coronavirus and 95 have died, according to data from the Federal Bureau of Prisons.

At least two cases have been identified at the federal prison in Littleton, Colorado, where Courtney is incarcerated.

“The reality is that Courtney’s life is in jeopardy every day he is imprisoned while the COVID-19 pandemic rips through the BOP (Bureau of Prisons),” his attorney wrote in the court filing.

Kansas City Mayor Quinton Lucas posted on social media that it was “sad how humane we are only to some,” saying Courtney misled thousands of patients and profited, while thousands of others continue to serve sentences for drug offenses.

U.S. Senator Josh Hawley also expressed disagreement with Courtney’s release.

“He was sentenced to 30 years in prison,” Hawley posted on social media. “He should serve every last minute.”

The U.S. Attorney’s Office of the Western District of Missouri said their office was not involved in the process nor informed of the decision.

This story was originally published July 14, 2020 at 11:05 AM.

Katie Moore
The Kansas City Star
Katie Moore was an enterprise and accountability reporter for The Star. She covered justice issues, including policing, prison conditions and the death penalty. She is a University of Kansas graduate and began her career as a reporter in 2015 in her hometown of Topeka, Kansas.
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