BALTIMORE (AP) 鈥� A federal judge has tossed a case against a Maryland couple accused of divulging patients' medical records as part of a conspiracy to aid Russia after its invasion of Ukraine.
U.S. District Court Judge Stephanie Gallagher on Wednesday said the government 鈥渂ungled鈥� speedy trial procedures ahead of an attempted retrial and dismissed the case with prejudice, meaning the case can't be refiled, The Baltimore Sun .
鈥淭he Government displayed a serious pattern of neglect of its speedy trial obligations during the six months between November, 2023 and May, 2024,鈥� Gallagher wrote. 鈥淚n this case dismissal without prejudice would be a toothless sanction to the Government:鈥�
Former Johns Hopkins anesthesiologist Dr. Anna Gabrielian and her spouse, Dr. Jamie Lee Henry, a physician and U.S. Army major, were in 2022 with violating the Health Insurance Portability and Accountability Act as part of a conspiracy to assist Russia by disclosing several patients鈥� health information that Moscow could exploit. Authorities said the patients included some from the U.S. Army base in North Carolina formerly known as Fort Bragg.
When Gabrielian and Henry were first charged and released on home detention, Maryland Board of Physicians records showed their primary practices were at Johns Hopkins Hospital.
The indictment accused the couple of seeking to pass federally protected medical information to an undercover FBI agent who Gabrielian believed worked at the Russian Embassy. The couple met with the agent in a Gaithersburg hotel and provided health records for seven people, according to the indictment.
During last May's trial, defense attorneys argued that the government lacked proof that the couple provided records for personal gain or with malicious intent and that they were coerced and subjected to entrapment. Gabrielian testified that she was afraid of retribution against relatives in America, Russia and Ukraine if she didn鈥檛 comply.
One juror believed the government tricked the couple and they shouldn鈥檛 be found guilty, prompting Gallagher to .
After prosecutors tried to schedule a retrial, the defendants attempted to gain security clearances to obtain evidence, according to court records. Months later, the government responded that 鈥渕oving further in the security clearance process was not required,鈥� and offered the 鈥渦nclassified testimony of an expert.鈥� Gallagher didn鈥檛 see this as a good faith attempt, writing in her opinion that part of the months-long delay was aimed at gaining a 鈥渢actical advantage.鈥�
Earlier this month, the government informed the court that 鈥渢here was no classified information to which the defendant was entitled鈥� and after the defendants filed a motion for dismissal under the Speedy Trial Act, the government 鈥渜uickly agreed that the security clearance process could commence.鈥� But Gallagher said it was too late.
鈥淭he threshold question, 鈥榳as the Speedy Trial Act violated?鈥� has a clear and unequivocal answer: 鈥榊es,鈥�" Gallagher wrote in her opinion.
Henry鈥檚 attorney, David I. Schoen, wrote in an email to The Associated Press that they were grateful to Gallagher for her 鈥渧ery thoughtful and well reasoned Order applying the law as it must be applied.鈥� The couple dedicated their lives and careers to humanitarian work around the world and they wanted to get to Ukraine 鈥渢o help save lives. All lives,鈥� he said.
鈥淭his is a case that never should have been brought,鈥� Schoen said. 鈥淚t was a classic case of entrapment and government overreach.鈥�
Gabrielian鈥檚 attorney and the U.S. Attorney鈥檚 Office both declined to comment.
The Associated Press
