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#1 2008-03-07 18:33:00

docalex
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Feds Target Pain Patient Group's President

Feds Target Pain Patient Group's President - Roxana Hegeman, Associated Press, Wichita Eagle; 2008-03-07. Source.

See also:
PRN Raises Ante in Suit over Kan. Doc’s case - AP; 2008-02-28




WICHITA, Kan. (AP) -- Federal prosecutors claim the president of the Pain Relief Network of has a "parasitic" relationship with a Kansas physician indicted for running a "pill mill" linked to 56 deaths.

In a motion filed Friday, the government said the network was using Dr. Stephen Schneider's case to further its political agenda and group President Siobhan Reynolds' personal interests. The U.S. attorney's office asked for a hearing to determine if a conflict of interest exists because the defense represents both Pain Relief Network and Schneider and his wife, nurse Linda Schneider. Prosecutors want a waiver from the defendants so they could not later challenge a conviction on the grounds of ineffective counsel.

But Reynolds defended her involvement in the criminal case against the Schneiders, likening her work to that of the American Civil Liberties Union or Human Rights Watch.

"There is nothing wrong, unethical, illegal, immoral about any of this. ... This is an attack on my fundamental liberty to do our work," Reynolds told The Associated Press. "I've developed some opinions after 15 cases of seeing innocent doctors going to prison for doing absolutely nothing but practicing medicine."

The Haysville physician and his wife were indicted in December on federal charges of conspiracy, unlawful distribution of a controlled substance resulting in death, health care fraud, illegal money transactions and money laundering. The indictment alleges that the doctor and his wife with directly caused four deaths and contributed to the deaths of 11 other patients cited in the indictment. In all, the indictment links their clinic to the accidental overdose deaths of 56 patients.

The Schneiders, who remain jailed pending trial, have proclaimed their innocence.

Lawrence Williamson Jr., the defense attorney for Stephen Schneider, did not immediately respond to a message left on his voice mail Friday. Uzo L. Ohaebosim, who represents Linda Schneider, said he would respond later after more closely reviewing the government's motion.

The government contended that Reynolds, who is not an attorney, may orchestrating the strategies in the criminal case and the civil injunction proceedings. It also said the network may be paying the defense lawyers.

"Ms. Reynolds may be in what could be best described as a sycophantic or parasitic relationship with the defendants," prosecutors argued in the motion. "By telling them what they want to hear, she is able to appear supportive and helpful, while using the defendants to further her own personal interests."

Prosecutors contended the network and Reynolds may impair the defendants' ability to negotiate a pretrial resolution to the case because it would inhibit their efforts to use the Schneiders' criminal prosecution to keep their names in the media.

"It also may well be that PRN/Reynolds are willing to sacrifice the defendants' interests so that the defendants can be hailed as martyrs to their cause," prosecutors said.

The government introduced as evidence recorded phone conversations the doctor and his wife had from jail with Reynolds and Patricia Hatcher, Linda Schneider's sister. In them, Reynolds reportedly tells the doctor not to surrender his license and to tell his lawyers not to settle any more malpractice cases, among other advice.

"I always say I am not a lawyer," Reynolds told AP. "I am simply giving them my perspective."

She added that her group is not paying for the Schneiders' criminal defense.

"It is preposterous," Reynolds said of the government's allegations. "I think it reveals the Justice Department is overreaching in this case and in all the other cases (against doctors). I think this kind of attack is unprecedented."

On the Net:

U.S. attorney for Kansas: http://www.usdoj.gov/usao/ks/

Pain Relief Network: http://www.painreliefnetwork.org/



[END]


..alex...
Alex DeLuca, M.D., MPH
Senior Consultant, PRN

doctordeluca@painreliefnetwork.org

 

 
 
 

#2 2008-03-07 18:41:29

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Re: Feds Target Pain Patient Group's President

"It is preposterous," Reynolds said of the government's allegations. "I think it reveals the Justice Department is overreaching in this case and in all the other cases (against doctors). I think this kind of attack is unprecedented."

Interesting development, thanks Alex.


Tami Strand Political Activist for the Pain Relief Network a Nonprofit NonPartisan 501(C)(3) Corporation. "Delaying aggressive opioid therapy in favor of trying everything else first is not rational based on a modern, scientific understanding of the pathophysiology of chronic pain, and is therefore not the standard of care." Dr. Alexander Deluca   
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#3 2008-03-07 19:00:27

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Re: Feds Target Pain Patient Group's President

They're grabbing at straws, trying anything to deflect attention away from the real issue. Believe me, the finest attorneys do not work for the government.

axe

Last edited by axe (2008-03-07 19:01:16)


axe: Activist PRN
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Fuck The DEAth

 

 
 
 

#4 2008-03-07 20:43:29

docalex
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Re: Feds Target Pain Patient Group's President

[Note added later: The following has been blogged as Guess Who Hit a Nerve]




Well, I guess we've hit a nerve, huh?

I had to read it three times to figure out what good 'ole Tanya Treadway for the Fed thinks we did wrong here. I mean, it is clear that she is angry, and clearly wanted the opportunity to call Siobhan and the Schneiders names and get all the usual buzzwords in the paper - "parasitic", "pill mill" - but I think this is the beef:

Prosecutors contended the network and Reynolds may impair the defendants' ability to negotiate a pretrial resolution to the case because it would inhibit their efforts to use the Schneiders' criminal prosecution to keep their names in the media.

See, this is what it is about, why they are so blustery and angry, yet the content is just vague fluff. Federal prosecutors aren't used to having to FIGHT cases - they are much more expert at intimidating defendants by overwhelming them with the brute power of the DOJ.

Regular docs, for example, are indicted as drug racketeers and murderers, their assets seized before trial, jailed without bail, facing decades of jail time. And the defendants are supposed to go belly up while the lawyers come to a collegial plea agreement that allows the prosecutors to claim another kill and release another round of drug war propaganda, poisoning the public mind and getting us all set to play our parts as yahoos for the next intimidation. The defense attorneys collect their fees. Fed and State law enforcement share the forfeitured assets. The patients are abandoned. And the chilling effect on appropriate medical care intensifies. A perfect vicious cycle, and no one has to work up a sweat (except the invisible patients, of course, and the ruined doc).

And then Siobhan and her band of committed lawyers ride into town and screw up the morality play re-run. Now all of a sudden Tanya's thrown off her script. This isn't how she was taught these show-trials were supposed to play out. [Here is the playbook, BTW: The Drug War Prosecutors Cheat Sheet]

What is really important, Friends, is that these recent articles are being picked up by international media - USA Today, New York Times, Newsweek, etc, and this means that these news outfits are setting up to follow the story. We've broken through! These are really just set up articles, I think. And each round they'll dig one layer deeper, and State and Fed agencies will be increasingly called on to explain themselves and their roles in creating, maintaining, intensifying and profiting from the worsening crisis of untreated and undertreated pain in America. I for one will welcome some media attention focused in this direction, for a change.

Each round the State and Fed get squeezed and they are not used to it. They won't like it. Tough.


..alex...
Alex DeLuca, M.D., MPH
Senior Consultant, PRN

doctordeluca@painreliefnetwork.org

 

 
 
 

#5 2008-03-07 21:30:49

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Re: Feds Target Pain Patient Group's President

wow alex,not sure i understand what this means for any of us, or all of us . and all you guys helping out . siobion, ect. just how much worse does this make all this or does it..or worse for them ..im lost on this one,doesnt sound to good though..? hope:R


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  Give your troubles
      to God .
He's up all night, anyway.

 

 
 
 

#6 2008-03-07 22:21:23

docalex
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Re: Feds Target Pain Patient Group's President

hope_6@cox.net wrote:

wow alex,not sure i understand what this means for any of us, or all of us . and all you guys helping out . siobion, ect. just how much worse does this make all this or does it..or worse for them ..im lost on this one,doesnt sound to good though..? hope:R

The loss, hope, is that they refused to hear our EMERGENCY temporary restraining order, which was mostly about asking for several forms of "relief" that would have enabled us to reopen the clinic and stabilized the patients on their regimens, get their charts back, and avert a whole hell of a lot of misery and probably worse. Those arguments never got heard - the patients were denied a hearing. The "damn Yankees with no standing" card was a delaying tactic they could play, so they played it. [See Group's Suit in 'Pill Mill' Case Dropped - AP; New York Times; 2008-03-06]

Now they are trying to make us go away by smearing us. It won't work, we will press our cases, and the world will have an opportunity to watch. This is just legal maneuvering by people who would like everyone to believe that PRN is just making all this up, that you patients are in the best medical system in the world, and if you are having problems finding doctors it is because you are junkie slime.

It is a tragic waste of time.


..alex...
Alex DeLuca, M.D., MPH
Senior Consultant, PRN

doctordeluca@painreliefnetwork.org

 

 
 
 

#7 2008-03-07 22:35:52

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Re: Feds Target Pain Patient Group's President

thanks doca, i left you a post in the wichita forum. always hope


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      to God .
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#8 2008-03-08 02:28:04

tabt
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Re: Feds Target Pain Patient Group's President

Well, well, well, I just kept hearing the voice of an old friend in the back of my mind as I read this post from Doc Alex.  My friend was a hardcore, criminal defense attorney who handled death penalty cases. Often, his clients never paid him.  However, the judges who ruled against him time after time in court, came calling when their kids got busted for drug possession.  They knew that he was the best and in their time of need, they wanted him.  He charged them big bucks and used the money to help his poor clients, who were facing Murder 1 death penalties and could not afford a competent attorney.

One of the first things my friend taught me was that prosecuters, especially those who  he referred to as "mean spirited prosecuters",  are generally nowhere near as strong in court, even if the rulings are going their way, as are good defense attorneys. Prosecuters like to intimidate the accused by keeping them in jail for extended periods of time, even though no conviction has yet been made, by freezing and/or seizing assets, by using the tried and true method of snitches, who will lie and say anything to shorten and/or get their own sentences dismissed by "cooperating",  by hypercharging and by using a bag full of other very dirty tricks.  Prosecuters don't want to go to court. They want the plea deal, always.  It's a win for them, they will publicize it, it's cheaper and easier, and the prosecutors, the DEA and the DOJ will all go home happy and sleep well.

Imagine the Kansas prosecuters annoyance and dismay when PRN showed up, and engaged in perfectly legal actions that threatened to interfere with their long enjoyed free reign to extort the worst plea deals from the most innocent people.  Prosecuters having to go to court and possibly face a protracted trial?  I gurantee you that prosecutorial panties were in a twist all over the country about that one.  Good.

How dare PRN suggest such a thing?  Then, of course, the lies, the slander, and the uttterly baseless, personal accusations made directly against Siohban Reynolds were brought on.   I really had to laugh when they used "sycophant" and "parasitic" because those are the exact same words that I have been using to describe malicious proscutors for years. Siobhan Reynolds did not attempt to act as a lawyer, she only offered an opinion.  Licensed J.D.s handled the cases.  Can we no longer even express an opinion?  Oh yes we can. In fact, we can't and won't shut up.  Get used to it DEA, DOJ, and mean spirited prosecutors everywhere, because more and more unpleasantness will be coming your way every day.  Perhaps medication will help you, but if you are afraid of becoming an "addict",  just triple up on the alcohol and the smokes.  They're legal so they won't hurt you, just relax and enjoy.

tabt


Evil flourishes when good people do nothing.

 

 
 
 

#9 2008-03-08 09:08:57

Tami
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Re: Feds Target Pain Patient Group's President

"Now they are trying to make us go away by smearing us. It won't work, we will press our cases, and the world will have an opportunity to watch. This is just legal maneuvering by people who would like everyone to believe that PRN is just making all this up, that you patients are in the best medical system in the world, and if you are having problems finding doctors it is because you are junkie slime."
Alex


Though this is deplorable and typical legal manuevering, as disgusting as it is, it is a momentous opportunity. This can only benefit our cause. The more they squirm and voice their abhorence the better.


Tami Strand Political Activist for the Pain Relief Network a Nonprofit NonPartisan 501(C)(3) Corporation. "Delaying aggressive opioid therapy in favor of trying everything else first is not rational based on a modern, scientific understanding of the pathophysiology of chronic pain, and is therefore not the standard of care." Dr. Alexander Deluca   
Rage Against The Machine

 

 
 
 

 

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