Two days before a jury was to be picked for the trial of a Butler County doctor accused in the death of a 5-year-old boy who received an unconventional treatment for autism, all criminal charges were withdrawn.

Butler County District Attorney Richard Goldinger said new information from Dr. Roy Eugene Kerry's defense attorney led him to believe "that it would create reasonable doubt" with a jury.

"Although a lot of time and money has been put into this case already, we thought it would be in the interest of justice and judicial economy to [withdraw the charges] rather than pursue a trial that we knew would be hard to win," Mr. Goldinger said.

Dr. Kerry has offices in Portersville as well as in Greenville, Mercer County.

Dr. Kerry voluntarily surrendered his medical license about six weeks ago, said his attorney, Alexander Lindsay of Butler.

He believes the "tide was turned" for his client after he turned over to the district attorney's office reports from several expert witnesses that he contends undermined the crux of the prosecution's case.

"They would have had some ... hurdles to clear [at trial]," said Mr. Lindsay.

The prosecution contended that Abubakar Tariq Nadama, while undergoing chelation, had been given the wrong chelating agent in the wrong way by someone not adequately trained.

Chelation as a medical treatment for autism is not accepted by mainstream medicine, though some autism advocates and parents of autistic children report anecdotal evidence that it is effective. The concept is grounded in the belief that autism is caused by what amounts to heavy metal poisoning and that chelation -- an approved treatment for lead poisoning -- removes heavy metals from the bloodstream.

Mr. Lindsay said he had prominent physicians ready to testify that the delivery method of the chelation -- an intravenous push, versus a drip -- is preferred for a small child and that, while the agent used, disodium EDTA, was not "preferred ... they cannot see that it would have caused the death."

He said the physicians would have testified at trial, which would have begun May 19, that the child's heart damage had actually occurred prior to his death on Aug. 23, 2005.

"First, the DA's office would have had to show beyond a reasonable doubt that the cause of death was this particular chelation process," Mr. Lindsay said. "Had they gotten that far, then the next question would have been whether it was gross negligence to the point of criminality. I don't think they could have done it."

Dr. Kerry had been charged with involuntary manslaughter, reckless endangerment and endangering the welfare of a child.

Pittsburgh attorney John Gismondi represented the boy's family. They brought him to Monroeville from Britain specifically to receive the chelation treatment.

"I've seen Al Lindsay's evidence and I don't believe there's any new important information in it," Mr. Gismondi said. "Do I agree with this decision? No."

Mr. Gismondi has filed a civil suit against Dr. Kerry in Mercer County Court.

Also pending is a disciplinary action by the state medical board that could determine whether Dr. Kerry is allowed to practice medicine again. His attorney in that case, Jeff Levens of Chicago, said yesterday he expects the hearing to move forward now that the criminal case has been dismissed.

"They would have had the right to call Dr. Kerry as a witness and anything he testified to could have been used in the criminal matter ... It was putting Dr. Kerry in an untenable position," Mr. Levens said.

He said he believes withdrawing the criminal charges was appropriate.

"They never should have been filed," he said. "Dr. Kerry is not a criminal. He's not a bad person. He's a wonderful guy and a terrific doctor. This was a tragic accident but it was an accident."

Mr. Lindsay said Dr. Kerry would have no immediate comment.