A Honolulu doctor charged this week with illegally prescribing drugs that resulted in the deaths of two men was acting within the scope of his medical practice, his lawyer said yesterday.

The two men died for reasons "not related" to the way Dr. Barry Odegaard treated them, Odegaard's lawyer, Birney Bervar, said.

Bervar suggested that federal prosecutors obtained a new indictment this week to "scare" his client into pleading guilty.

He said his client will vigorously contest the charges.

But First Assistant U.S. Attorney Elliott Enoki said "it's not our policy that we file charges simply to exert leverage to induce a plea."

"The additional charges are brought because they are necessary to adequately reflect the nature and extent of the defendant's criminal conduct," he said.

Yesterday, the father of one of the two men who died applauded the new charges.

The indictment did not disclose the identities of the two men, but Richard Dan confirmed one as Frank Dan, a 21-year-old University of Hawai'i-Manoa student who died July 24, 2004. His death came a day after the indictment said he was prescribed 1,400 milligrams of methadone by Odegaard.

"This is a great relief for our family," Richard Dan said. "There's some closure here, or at least the start of some closure."

The other man is James Kermit Ledgerwood Jr., a 38-year-old Hawai'i Kai resident who died May 8, 2003, three days after Odegaard distributed to him 2,700 milligrams of the painkiller Oxycodone, the indictment said.

The family's lawyer, Michael Green, confirmed that the indictment referred to Ledgerwood's death.

The federal criminal charges accusing a doctor of prescribing drugs that led to deaths are believed to be the first ever filed in Hawai'i. Lawyers involved in the case don't recall any previous similar charges here.

Odegaard had been indicted by a federal grand jury last year on 15 felony charges of illegally prescribing the powerful pain-killer Oxycodone and medical fraud as a result of a Drug Enforcement Administration investigation that included undercover agents posing as patients. He is accused of dispensing the drugs "outside the course of professional medical practice and not for a legitimate medical purpose."

His trial was set for next week, but it will now be postponed because of the superseding indictment issued Thursday adding the charges involving the deaths of the two men. He also is accused of dispensing the drugs outside the scope of professional medical practice.

He is scheduled to be arraigned in federal court on the new charges Monday.

ALLOWED TO PRACTICE

Odegaard, who moved from his Kahala office to a Bishop Street location, was allowed to remain free on bond and practice medicine after his indictment last year, but he had to give up his DEA certificate allowing him to prescribe controlled drugs.

"All of these drugs were dispensed in his legitimate medical practice, and (he) is not a criminal," Bervar said.

He said the three undercover agents who saw Odegaard had complained of back and other pains.

"He's not selling prescriptions to get patients high," Bervar said.

He said the defense has an expert to testify that Odegaard did not commit any criminal wrongdoing.

The deaths are unfortunate, "but you cannot control people's behavior," he said.

Relatives for both men have civil legal action against Odegaard.

Green represents Ledgerwood's wife, Julie, and the estate, which filed a Circuit Court medical malpractice lawsuit against Odegaard.

Ledgerwood, who suffered from chronic back pain, was treated by Odegaard at least six times from December 2002 until his death, the suit said.

The suit said Odegaard's treatment included prescribing "ever-increasing amounts of pain medication." They included Oxycodone, Valium, Wellbutrin, Lorcet and Soma, the suit said.

On May 8, 2003, Ledgerwood died face-down at his home in the living room, the suit said.

The suit said the immediate cause of death was "accidental poisoning."

Odegaard's civil attorneys could not be reached for comment, but in their court response, they asked that the lawsuit be dismissed.

Anthony Ranken, a Maui lawyer representing Richard Dan, said he has filed a claim against Odegaard with the Medical Claims Conciliation Panel alleging the doctor overprescribed methadone and failed to properly supervise the patient. The filing of a claim with the panel is a prelude to a possible lawsuit.

SON DIED IN SLEEP

Richard Dan, 55, a pawnbroker who resides in Kula, said his son was a "wonderful kid and a good student" who had his own eBay business.

The son had been prescribed Oxycodone by another doctor for pain stemming from a fight, then was referred to Odegaard, who prescribed the methadone.

The son died in his sleep, Richard Dan said.

"We believe Frank took the prescribed amount," the father said.

"Every parent I think in my situation in some degree feels responsible for the death of my child."

That's why it was a relief to hear about the new charges, the father said.

"We feel less blame about our son's death," he said.

When he was notified about the new charges, he said he had to relive the tragedy.

"It brought me such tears, such sorrow, but relief," he said. "I don't want to see this happen to someone else."

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.