He acknowledges that medical records show some patients exhibited symptoms indicating that they got a lower dose of fentanyl, saying, "in some instances, yes."
He adds, "What we have to do is take what the doctor tells us what's supposed to happen in theory, and compare it to what actually happened on an objective paper record, and draw our conclusions that way. There were instances in which the patients did not receive the prescribed dose of fentanyl and there were manifestations of that."
A statement from the Department of Justice for the District of New Hampshire on Thursday said "Kwiatkowski allegedly caused over 30 individuals in New Hampshire and elsewhere to become infected with Hepatitis C, a blood-borne virus that can cause serious damage to the liver."
Kacavas says that during the trial, he will introduce evidence that Kwiatkowski "diverted fentanyl in some quantity by stealing the syringe, and injecting himself, and either filling the syringe in whole with saline or mixing it with residue or some quantity of fentanyl."
Kwiatkowski, who was arrested July 19 and whose Exeter employment was terminated in May or June, remains detained in the Strafford County House of Corrections in Dover, NH, pending trial, for which a date has not been set.