Court rejects Morristown dentist's plea for reconsideration

Court rejects Morristown dentist's plea for reconsideration

Posted:

By DON DARE
6 On Your Side Reporter

KNOXVILLE (WATE) - Morristown dentist Dr. Paul Muscari is doing all he can to avoid having his dental license revoked by the state, but the court has rejected his plea.

Dr. Muscari recently filed a petition for Administrative Judge J. Randall Lafevor to reconsider his initial order.

In that initial order, issued in December, Judge Lafevor ruled that Dr. Muscari's license be revoked in Tennessee for 20 years.

In Muscari's petition for reconsideration, he complained that he was dissatisfied with his attorney, Willis Jackson, and he "needs additional time" to find another attorney to represent him in post-trial proceedings.

State vs. Dr. Muscari

However, the judge writes that since the case was initially filed against Dr. Muscari in August 2008, the dentist has hired and dismissed two other attorneys before retaining Jackson.

Judge Lafevor says a review of the records shows that Muscari's current attorney advocated vigorously for him during his pre-trial and trial proceedings.

The judge also writes that Muscari made the decision to go to trial with Jackson as his attorney. However, based on the outcome he now "apparently has decided" that "he made a mistake" and believes his mistake "in choosing that attorney" should entitle him to reconsideration of the facts which might lead to a different result in this case.

The judge concludes that there is nothing in the law that supports Dr. Muscari's assertions.

Dr. Muscari also wrote in his notice for reconsideration that he has new evidence from an unidentified person who claimed that perjured testimony was admitted into evidence during his hearing.

Judge Lafevor writes that Muscari not only failed to identify the person who allegedly discovered the false testimony, but he also failed to specify the nature of the alleged perjured testimony or state its relevance to the case.

The judge says such "unsupported allegations" do not justify reconsidering his decision in this case.

Judge Lafevor concluded that Dr. Muscari's petition for reconsideration is denied.

His order to revoke Muscari's license and fine him $36,000 plus court costs now goes before the state dental board, which has the final say.

For Dr. Muscari's patients who filed complaints four years ago, the process is finally nearing the end.

Dr. Muscari has also sent a request to the state dental board asking for a stay in the judge's decision to revoke his license.

In response, the state is asking the dental board to deny the motion for a stay and strip Muscari of his dental license "as soon as possible."

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