State College doctor waives hearing in drug case

A State College doctor facing controlled substance charges waived his right to a preliminary hearing Wednesday at the Centre County Courthouse.

Dr. Kenneth L. Cherry Jr., 58, faced six felony charges of administering controlled substances out of the scope of a patient relationship and six misdemeanor charges of failure to keep records of a distributed controlled substance after charges were filed by the state Attorney General’s Office in June.

Cherry is accused of writing prescriptions for a woman who is reportedly not his patient over a period of about a year and a half, the affidavit said. Medications reportedly included oxycodone, Percocet, fentanyl, Adderall, Xanax and Ativan.

The AG’s office said they were tipped off to the large number of prescriptions by an area CVS pharmacy. Agents reportedly met with both Cherry and the woman, the affidavit said, who both allegedly admitted to being in a relationship with each other.

According to Cherry’s attorney, Jerry Russo, the commonwealth withdrew the six felony charges regarding administering controlled substances and three of the misdemeanor records-keeping charges. Cherry now faces three misdemeanor counts of failing to keep records of a distributed controlled substance.

Cherry reached a plea agreement to plead guilty to three misdemeanor charges, said Patrick Leonard, attorney representing the AG’s office. If the judge accepts, Cherry is expected to receive a probationary sentence and will have his license suspended for 2  1/2 years.

The plea is expected to be entered in September, Leonard said.

This story was originally published July 26, 2017 at 11:50 AM with the headline "State College doctor waives hearing in drug case."