Judge tosses charge in growth hormone case

RENO -- A federal judge dismissed one of two charges Tuesday against a Reno doctor accused of introducing an illegal human growth hormone into the country from Israel.

Dr. James Forsythe, 69, still faces a charge accusing him of distributing Bio-Tropin for an unapproved treatment: anti-aging. He is alleged to have sold the drugs to an undercover agent for the U.S. Food and Drug Administration in 2004.

One of his lawyers, Kevin Mirch, said he intended to rest the defense's case Tuesday afternoon without calling any defense witnesses now that the other charge has been dropped.

"All that is left is the charge that on two occasions with the FDA he did improperly give it to him," Mirch said at midday Tuesday.

"We just made a decision there is so little left," Mirch said. "All you do is give them an opening to make more of the case."

Forsythe is the husband of former Nevada Republican Party Chairwoman Earlene Forsythe. Mirch maintains his prosecution was politically motivated but has declined to elaborate.

First lady Dawn Gibbons and former Nevada homeland security chief Jerry Bussell were among witnesses he had subpoenaed to testify in the case, court records show.

Senior Judge Howard McKibben said in federal court Tuesday morning that the government had not proved beyond a reasonable doubt that Forsythe introduced the human growth hormone Bio-Tropin into the country or that the drug is a new one not approved by the FDA.

Under federal law, prosecutors said there are limited uses a doctor may prescribe human growth hormone, such as for children with growth deficiency, dwarfism, and people suffering from AIDS. They said anti-aging is not an approved use for the drug.