The Albany Times Union by ROBERT GAVIN Staff Writer - November 15, 2010
Herrick dismissed the indictment against the remaining defendants in September 2008 finding prosecutorial missteps were made in grand jury proceedings. An appeals court would later uphold his decision -- but allowed Albany County prosecutors to once again present the case to a grand jury. Prosecutors represented the case. In June, a grand jury indicted ex-pharmacy operators Naomi Loomis, her husband, Robert "Stan" Loomis; his brother and former Signature pharmacy operator Kenneth Michael Loomis; former business manager Kirk Calvert and former business manager Tony Palladino. But the defendants also filed a federal lawsuit in Florida against Soares, Orlando police and other law enforcement officials the next month seeking millions of dollars, claiming false arrest and malicious prosecution. And a federal judge, Gregory A. Presnell, later upheld the lawsuit. He stated that Soares "not only participated in, but directed (assistant District Attorney Christopher) Baynes and others to violate plaintiffs' Fourth Amendment right to be free from unlawful arrests," adding, "Rather than wait for any documentary evidence that plaintiffs had committed a crime in New York and comply with the very limited requirements of federal and state extradition statutes, Soares decided to orchestrate plaintiffs' arrests without valid New York warrants and, in the process, garner significant media attention." In his decision Monday, Herrick stated the judge's decision was a "scathing analysis" that "chronicled the alleged actionable conduct by members of the Albany County district attorney's office with regard to the criminal case defendants." Herrick stated that while defendants are not allowed to "manufacture a conflict to create a tactical advantage," the civil suit against Soares had survived a motion to dismiss it and is scheduled for trial before Presnell in Florida. The indictment against the defendants alleged steroids were sent from Florida to Colonie, Cohoes and Albany in 2005 and 2006. It said the defendants used affiliates such as Palm Beach Rejuvenation in Jupiter, Fla.; Infinity Longevity in Deerfield Beach, Fla.; MedXLife in Orlando; Oasis Longevity & Rejuvenation in Delray Beach, Fla. Cellular Nucleonic Advantage in Houston. Defense attorney E. Stewart Jones, who represents Kenneth Loomis, Calvert and Palladino, said he expects to meet with Murphy. He said he hopes the Saratoga County prosecutor will determine the case does not need to be tying up courts in New York state. "The case should never have been prosecuted in New York -- if there was any offense at all, it should have been prosecuted in Florida," Jones said. "New York should be done with these cases ... it's time to move on."