Grand Jury to Hear Case Vs Benoit Doctor
**LATEST AP STORY RE:BENOIT ON ABC.COM**
Federal prosecutors plan to seek a superseding indictment against the personal doctor to pro wrestler Chris Benoit, according to a court filing late Tuesday.
The filing in U.S. District Court in Atlanta says that prosecutors have advised an attorney for Dr. Phil Astin that they will present the case to a grand jury for a second time "after a more thorough review" of documents seized from Astin's office in west Georgia during two raids by federal drug agents.
"During the searches, agents seized thousands of pages of patient files and office records, as well as several computers that were used in defendant's medical practice," the court filing says. "Presently, the government is reviewing these records to make a preliminary determination of which files contain no evidentiary value and can be returned to defendant."
The filing does not say what charges will be sought in the superseding indictment or when the indictment will be sought. Astin was charged last week with improperly prescribing medication to two patients, but not to Benoit. Prosecutors said at the time more charges were possible.
The comments about a planned superseding indictment were contained in a filing in which Astin's attorney and the government were seeking more time to file pretrial motions and to turn over materials to each other.
Meanwhile, some of the chemical tests on the bodies of Benoit, his wife and son have been completed, but officials were mum Tuesday on what the results show.
A spokesman for the Georgia Bureau of Investigation, John Bankhead, told The Associated Press that his agency was waiting for all the tests to be complete before sharing the results with investigators in Fayette County.
"We're going to discuss what we find with local investigators and they can determine what they want to release," Bankhead said.
District Attorney Scott Ballard did not immediately return a page to his cell phone seeking comment.
Police have said Benoit strangled his wife and son, placing Bibles next to the bodies, and then hung himself on a piece of exercise equipment in his suburban Atlanta home the weekend of June 22.
Authorities found anabolic steroids in Benoit's home, leading officials to wonder whether the drugs played a role in the killings. Some experts believe steroids can cause paranoia, depression and violent outbursts known as "roid rage."
Since the deaths, toxicology tests have been conducted on Benoit's body to determine if steroids or other drugs were present. Blood-alcohol tests also were conducted on his body, and chemical tests were conducted on the bodies of the wife and son, Bankhead said. The wife's body was decomposed, preventing some tests on her body from being done, though Bankhead declined to be specific.
The GBI has been handling the testing for general drugs and alcohol, while an outside lab was hired to do the testing for steroids, Bankhead said. He declined to name the lab or say which of the tests have been completed.
"There is going to be some interpretation of what was found," Bankhead said, without elaborating.
A federal agent's affidavit said Astin prescribed a 10-month supply of anabolic steroids to Benoit every three to four weeks between May 2006 and May 2007. It says that during a probe called "RX Weight Loss," Benoit was identified as an excessive purchaser of injectable steroids.
The affidavit also says that "Astin has been the subject of concern for excessive and/or suspicious prescribing activity by the Carrollton, Ga. Police Department and local area pharmacies."
Authorities have not said what "RX Weight Loss" refers to.
Astin has told the AP he prescribed testosterone for Benoit, a longtime friend, in the past but has not said what, if any, medications he prescribed when Benoit visited his office June 22, the day authorities believe Benoit killed his wife.
Astin pleaded not guilty at his first court appearance. His lawyer, Manny Arora, told AP on Monday that Astin has no plans at this time to change his plea to guilty, but he didn't rule out the idea down the road. A pretrial hearing in Astin's case is set for July 19, though that could be postponed now
Arora said Tuesday he expects the superseding indictment to contain new charges against Astin of improperly prescribing medication to more patients, though he did not know whether that would include Benoit.
