Robert Courtney to remain in prison, lawmakers say

KANSAS CITY, Mo. — A former Kansas City area pharmacist who diluted cancer drugs he sold to increase profits will not be released from prison early as scheduled, according to Missouri lawmakers.

U.S. Sen. Josh Hawley, a Republican, said in a tweet Thursday that Robert Courtney, 67, will remain in federal prison in Colorado.

Rep. Emanuel Cleaver II, a Democrat, also confirmed that he spoke with officials who said Courtney would not be released Thursday as planned and that his release is under review.

The announcement comes amid outcry from lawmakers and Courtney’s victims over his planned early release due to the COVID-19 pandemic. He was set to be released Thursday before the Justice Department's decision.

Courtney pleaded guilty in 2002 to 20 counts of tampering with consumer products and adulterating and misbranding drugs. He was sentenced to 30 years in prison, with an expected release in May 2027.

Over a 10-year period, Courtney diluted an estimated 98,000 prescriptions given to nearly 4,200 patients, most of them battling cancer.

A spokesperson for the Bureau of Prisons told the Associated Press that the agency was asked this spring "to immediately maximize appropriate transfers to home confinement of all appropriate inmates held at facilities with increased infections."

The bureau said it could not comment on any inmate's release plan for safety and security reasons, but victims who asked to be notified of any changes in the case were informed July 9 of plans for his release.

Wes Thompson, a victim's spouse, immediately got on the phone with Hawley when he found out about Courtney's scheduled release.

"When people see something is wrong and they do the right thing, it's easy," Thompson said. "This was four days to stop this."

Thompson’s wife, Sarah, died of cancer in 1999. She received diluted drugs from Courtney.

"He says he’s a changed man, but how can you be a changed man if you're asking to be let out of prison because you had cancer, when the very reason you're in prison is because you diluted cancer drugs?" Thompson said.

Melissa Osborne, one of the FBI agents who investigated Courtney's case, found out about the reversal while speaking with 41 Action News.

"My reaction is just, hallelujah," Osborne said. "Maybe there is justice. Maybe the government will listen to the people. That's the best news I've heard, I don't know, all year I think."

Osborne is a pharmacist and former FBI agent working in the health care fraud crime unit. She sat with Courtney for hours after his plea deal going through all the medications he watered down.

She said he even admitted to diluting medication worth $5, so to her it was more than just greed.

"Robert Courtney is a monster," Osborne said. "He's a sociopath. He has no feelings. He didn't have any remorse for anything he did."

While Courtney wasn't released Thursday, his possible release remains under review.

"It's not done, but I think they stopped it," Thompson said.

Cleaver and Hawley along with Sen. Roy Blunt and Rep. Sam Graves, who are both Missouri Republicans, wrote a letter to U.S. Attorney General William Barr, urging the Justice Department to reverse the decision to release Courtney seven years before the end of his full sentence.

"Courtney’s crimes are heinous ...," the lawmakers said in the letter to Barr. "He acted without consideration for the theft of his victims' health and quality of life, and his actions can be described as no less than purposefully evil. Courtney should serve the entirety of his sentence as penance for his crimes— both against his victims and against the public trust in medical care."

Missouri Gov. Mike Parson said Thursday that he had also requested Barr to reconsider Courtney's early release.

Parson said on Twitter the Justice Department "made the right decision," adding that "COVID-19 doesn’t excuse taking countless innocent lives."

During a briefing later Thursday from Jefferson City, Parson struck an even more forceful tone.

"That’s a sick guy,” Parson said. “He doesn’t need to be back out in society for what he did to hundreds, if not thousands, of people in the Kansas City region. He needs to be accountable for those actions. Period. And he doesn’t need to be back out on the street.”