Doctor in drug case seeks to take back plea

Sara Ganim

BELLEFONTE — A Philipsburg doctor serving seven years of probation for his role in overprescribing drugs to patients is asking a court to let him withdraw his guilty but mentally ill plea.

Michael A. Fuentes, 56, had pleaded guilty but mentally ill June 3 and was sentenced to seven years of probation instead of any jail time after a psychologist told Judge Pamela Ruest that Fuentes suffered from years of mental illness.

Now Fuentes’ attorney, Joe Amendola, has filed a motion saying Fuentes insists on withdrawing that plea to 25 counts — even though Amendola believes it is not in his best interest — saying that his mental illness and the medications he was taking altered his decision-making process the day he entered the plea.

“I think the odds are unfortunately very high that he would be convicted of some, if not all, the charges against him,” Amendola said. “Even if a jury found that he was mentally ill at the time, a judge could be compelled to sentence him to the mandatory sentences.”

If that’s the case, Fuentes could be looking at a sentence similar to the seven-year prison term that his medical partner, Larry Adams, is serving after being convicted of similar charges.

“I’ve always maintained that Dr. Fuentes does not belong in jail,” Amendola said. “We achieved that, and for better or for worse he wants to withdraw that plea, which puts him in serious risk of going back to jail if he’s convicted.”

At his June sentencing, Ruest took the advice of a psychologist who testified that after a year-long evaluation of Fuentes, it was determined that he was mentally ill and believed he was working for police when he committed the crimes. But the doctor said Fuentes was stable enough to understand his legal proceedings.

In his motion to withdraw the plea, Amendola wrote on behalf of Fuentes that the plea “was not entered knowingly, intelligently, and voluntarily because of his mental health issues,” and because he was taking medications that Fuentes believes “may have affected his ability to understand his rights and the legal proceedings ... as well as his ability to act voluntarily ...”

Amendola also filed a motion Thursday to withdraw as Fuentes’ attorney, saying: “I don’t think I can represent him anymore because I strongly feel that he’s making a very, very, very bad judgment.”

Amendola said he filed the motion for Fuentes as a courtesy because there is a deadline that must be met and Fuentes doesn’t yet have a new attorney.

Withdrawing a guilty plea is usually easy when it is done before sentencing. But Fuentes was sentenced immediately after entering the plea, making withdrawal of the plea very difficult, Amendola said.

Fuentes’ license to practice medicine has been revoked because of his mental status, and he is now living in Connecticut with his parents.

Sara Ganim can be reached at 231-4616.