-Caveat Lector-

Sent: Tuesday, August 07, 2001 10:12 AM
Subject: [Fwd: [FPE] Judge bars 'Viagra defense']






http://www.montgomeryadvertiser.com/1news/alabama/080601_rape.html

               The Associated Press

              Alabama - August 6, 2001

             Judge bars 'Viagra defense'

             The Associated Press

             A man faces trial today for the rape of an 18-year-old
woman,
but he's
             been barred from using the "Viagra defense."

             Will Wright Jr., 42, of Midfield does not deny
assaulting
the
teen-ager,
             said defense lawyer Charles Salvagio. But Salvagio
said
Wright is
             innocent because side effects from the popular male
impotence drug
             contributed to the rape.

             Jefferson County Circuit Judge Teresa Petelos ruled
Friday
that lawyers
             can't make claims that Viagra causes sexual
aggression. She
also
             barred them from even mentioning the drug.

             "We don't have a defense," Salvagio said. "It's hard
to
prepare a case
             when the defendant doesn't remember what happened."

             Wright is charged with first-degree rape and sodomy.
He
could be
             sentenced to life in prison if convicted. He has a
previous
sexual assault
             conviction from 1984.

             The question now is whether Wright should immediately
appeal
Petelos'
             ruling or appeal after the trial if he's convicted,
said
Wilson Myers,
             Wright's other lawyer.

             "Viagra in some people causes aggression and amnesia.
We
don't
think
             he is responsible for his actions," Myers said.

             Prosecutors argued there is no evidence to support the
aggression
             claim.

             The judge agreed in a one-page ruling that says the
defense
failed to
             show that their claims are reliable and not pure
conjecture.

             "I'm glad this is over so we can focus on the real
issue in
this case, and
             that is the rape of this victim," Assistant District
Attorney
Jill Ganus
             said.

             Wright is charged with assaulting the teen-ager while
holding
a gun to
             her head on July 20, 2000.

             Green said prosecutors have been assisted by Viagra
manufacturer
             Pfizer Inc., which rejects claims the medicine could
influence
Wright's
             actions.

             "There is no medical or scientific evidence, none
whatsoever,
linking
             Viagra with aggressive or violent behavior," said
Geoff
Cook, a
             spokesman for the New York-based Pfizer. "Studies in
more
than
3,600
             patients support the conclusion that Viagra does not
cause
aggression."


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