By Brad Segall

NORRISTOWN, Pa. (CBS) — A Montgomery County doctor and his son, convicted of running a “pill mill” out of their Franconia office (see related story), are asking the court for a new trial.

Defense attorney Frank Genovese filed the motion, claiming his clients’ rights to a fair trial were violated because prosecutors knew the lead defense attorney in the case was under criminal investigation (see related story) and failed to tell the judge.

They claim prosecutors had a legal and ethical obligation to inform the court that attorney Greg Noonan was being investigated for dealing prescription drugs. Genovese says Noonan, who has pleaded guilty, represented Dr. Richard Ruth.

“There’s federal case law that we cite that stands for the proposition that you can’t get effective representation when your counsel has a conflict of interest — when your counsel is being investigated for the same crimes that you committed.   There’s a conflict of interest,” Genovese tells KYW Newsradio.

Dr. Ruth’s son, Michael Ruth, was represented by another attorney.

Last week, the doctor was sentenced to 15-30 years behind bars.  Michael was given 7-22 years.

Genovese also wants a hearing to sort out “who knew what and when,” and whether Noonan was under the influence when he tried the case.

The Montgomery County district attorney’s office did not immediately respond to requests for comments about the motion for a new trial.

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