Dr. Nelson H. Hendler pleaded guilty to a drug distribution charge in Baltimore County Circuit Court ? but maintained his innocence and avoided a conviction.
“He absolutely believes he is innocent, as do I,” Hendler?s attorney Brian Thompson said. “He was being threatened with a federal indictment. Because they suspended his license to practice, he didn?t have the resources to defend himself. They basically had him between a rock and a hard place.”
Hendler, 63, of Owings Mills, entered an Alford plea Monday to one count of possession with the intent to distribute drugs, including OxyContin ? meaning Hendler denies any involvement in criminal activity but acknowledges prosecutors have enough evidence to convict him.
Judge Kathleen G. Cox sentenced Hendler, an accomplished and award-winning psychiatrist, to probation before judgment, which allows him to avoid a conviction. Cox then ordered him to serve 18 months of supervised probation.
Thompson said Hendler?s unsupervised probation will begin after he completes 150 hours of community service.
The Maryland Board of Physicians suspended Hendler?s license on Feb. 6, 2006, when it concluded he distributed returned drugs to other patients and had sexual misconduct with three patients.
A Baltimore County grand jury indicted him on drug distribution charges in May.
Thompson said the sexual misconduct findings of the physicians board have no merit and were never charged criminally.
“His primary mistake was he failed to properly dispose of narcotics,” Thompson said. “He kept them in a locked office and didn?t destroy them. He had no nefarious intent. He didn?t know what to do with them. If he?s putting them out on the street, then why did he have all these old prescriptions inhis office?”
Last year, police searched Hendler?s Mensana Clinic in Stevenson and found 5,800 pills, including OxyContin, that should have been destroyed. Police said the large amount shows Hendler intended to distribute the drugs.
In a separate civil case, an anonymous woman filed a lawsuit against Hendler in December alleging he sexually abused her while she was sedated.
Thompson said Hendler?s guilty plea this week will not affect the civil case.
“The subject matter is completely different,” he said. “There was no criminal allegation of impropriety with any patient female or otherwise.”
