People v. Tseng

241 Cal. Rptr. 3d 194, 30 Cal. App. 5th 117
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 14, 2018
DocketB270877
StatusPublished
Cited by7 cases

This text of 241 Cal. Rptr. 3d 194 (People v. Tseng) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Tseng, 241 Cal. Rptr. 3d 194, 30 Cal. App. 5th 117 (Cal. Ct. App. 2018).

Opinion

ROTHSCHILD, P. J.

*119Defendant and appellant Hsiu Ying Lisa Tseng, a physician, appeals from the judgment entered upon her convictions of three counts of second degree murder, 19 counts of unlawfully prescribing controlled substances, and one count of obtaining a controlled substance by fraud. She contends that substantial evidence did not support the murder convictions and that the trial court erred in (1) admitting evidence of six uncharged patient deaths; (2) failing to unseal and quash a search warrant of her financial records; (3) failing to grant a mistrial based on prosecutorial misconduct; (4) reopening closing argument; and (5) failing to apply Penal Code1 section 654 to the murder conviction sentences. None of her arguments are meritorious. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND2

A. Tseng's Medical Clinic and Practice

In approximately 2007, Tseng, a licensed physician practicing internal medicine and osteopathy, joined Advance Care AAA

*197Medical Clinic (the clinic) in Rowland Heights, a general medical practice operated by her husband. When Tseng first joined the clinic, the patients came from the local Hispanic and Asian communities, the wait time for each patient was 15 to 30 minutes and 90 percent of the patients paid for treatment through their insurance.

By 2008, the practice and the clientele of the clinic had changed. Most of Tseng's patients were now white males in their 20's and 30's who came from *120outside Los Angeles County seeking pain and anxiety management medications. By 2010, the clinic had developed a reputation as a place where patients could easily obtain prescriptions for controlled substances, including opioids, sedatives, muscle relaxants, and drugs used to treat drug addiction. In addition, fees had doubled, and nearly all patients paid in cash.3 The clinic's income increased from $600 a day in cash to $2,000 to $3,000 per day.4

According to one visitor, the clinic looked "like a parole office" with "drug dealing." The wait time for Tseng's patients also increased to about six hours with 20-30 patients inside the waiting room or outside the clinic at any one time. Some patients appeared to be under the influence of drugs or suffering from drug withdrawals, and one patient overdosed in the waiting room. When G.R., the clinic's receptionist, expressed concern about the number of patients waiting and the level of anxiety and agitation they expressed in the waiting room, Tseng told her that they were "druggies" and could wait.

B. Tseng's Treatment and Prescribing Methods Beginning in 2008

Tseng spent about 10 to 15 minutes with new patients and five minutes with them on return visits. Often she would see two or three unrelated patients in the same examination room at the same time. Tseng would often undertake no (or only a cursory) medical examination of her patients; patients for whom she would prescribe pain medications often expressed nonspecific complaints about anxiety and pain from old injuries. Many times, she did not obtain an adequate medical history or prior medical records before prescribing medications. For example, she did not do drug testing or review the California's Controlled Substance Utilization Review and Evaluation System (CURES) database5 to determine whether patients had current or prior prescriptions for controlled substances from other doctors. Tseng routinely wrote prescriptions for opioids (such as oxycodone, oxymorphone, fentanyl, and hydrocodone ),6 sedatives *198(such as promethazine and *121benzodiazepine),7 muscle relaxants (such as carisoprodol, which is sold under the brand name Soma®), and amphetamines, as well as controlled substances used to treat drug and opioid addictions (such as methadone and buprenorphine /naloxone ).8 Tseng sometimes allowed patients to pick up prescriptions for other patients who were not at the clinic. The evidence presented at trial showed that on at least one occasion Tseng prescribed a patient's relative, who had never been Tseng's patient, a controlled substance. Tseng acknowledged that some patients, who presented symptoms suggesting opioid and drug addiction and withdrawal, were merely seeking drugs.

C. Investigations of Tseng's Practice

Beginning in 2008, pharmacists began to refuse to fill prescriptions written by Tseng because the prescriptions raised "red flags"; the patients' profiles, conduct, and the combination of substances and quantities Tseng prescribed indicated no legitimate medical purpose for writing the prescriptions. When Tseng learned of this, she referred her patients to "mom and pop" pharmacies, which continued to fill her prescriptions. That same year, law enforcement investigators, including investigators from the coroner's office, began calling Tseng to discuss the deaths of several of her patients and to apprise her that the patients had died of suspected drug overdoses shortly after obtaining prescriptions from her. Once she became aware of the deaths, she entered "alerts" in some of the patients' records indicating that they had died from a possible drug overdose. She also altered9 patient records but continued her prescribing practices until she was arrested in 2012.

In 2010, the DEA and California Department of Justice (DOJ) investigated Tseng for diversion of drugs. DEA agents executed a search warrant at Tseng's medical group. Agents seized computers and created digital copies of her computer files. In 2012, the Medical Board of California (the Medical Board) also executed a search warrant on Tseng's medical group, seizing *122patient records. Evidence produced during the investigation revealed that from 2007 through 2010, the clinic's gross receipts were approximately $5,000,000.

D. Tseng's Patients' Overdose Deaths

In July 2012, Tseng was arrested and charged with three counts of second degree murder (§ 187 (count 1, Vu Nguyen; count 2, Steven Ogle; and count 4, Joseph Rovero) ), 20 counts of unlawfully prescribing controlled substances to patients ( Health & Saf. Code, § 11153, subd. (a) (count 3 & counts 5-23) ), and one count of obtaining a controlled substance by fraud ( Health & Saf. Code, § 11173, subd. (a) (count 24) ).

*199At trial, the prosecution presented evidence that from September 2007 to December 2009, nine of Tseng's patients-ranging from 21 to 34 years of age-died shortly after filling the prescriptions Tseng wrote them for controlled substances.

1. Murder charges

a. Death of Vu Nguyen (count 1-second degree murder) in 2009

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Valentine v. Superior Court CA1/2
California Court of Appeal, 2025
People v. Romero CA4/1
California Court of Appeal, 2025
People v. Fay
California Court of Appeal, 2024
Hsiu Tseng v. Mona Houston
Ninth Circuit, 2024
In re Ayden F. CA2/7
California Court of Appeal, 2024
In re J.J. CA4/3
California Court of Appeal, 2022
People v. Habibi CA2/4
California Court of Appeal, 2021

Cite This Page — Counsel Stack

Bluebook (online)
241 Cal. Rptr. 3d 194, 30 Cal. App. 5th 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tseng-calctapp5d-2018.