Chronic Pain Forums of the Pain Relief Network (PRN)

I'll probably be at work when he's released but wouldn't it be groovy if there was a big group waiting outside the jail to support him when he's released?

deana did it say what time it is ? we should all get together and be out side,support      hope

Thanks Dee,
Absolutely could not agree more, thanks for the updates.

Tami

DEANNA wrote:

http://media.kansas.com/smedia/2008/04/21/14/Schneider_release.source.prod_affiliate.80.pdf

Here's the link to read the order.

:G

Thank you very much for this link, Deanna. I've copied it to our servers so we have a link that won't break:

U.S. District Court
District of Kansas
U.S.A. v. Stephen and Linda Schneider
Case No. 07-10234-01, 02-MLB
Memorandum and Order
(releasing Stephen Schneider, on Wednesday April 23, 2008, at 4:30 PM)
http://doctordeluca.com/Library/WOD/WPS16-Schneider/SchneiderReleaseMemo08.pdf

Thanks.

It is an interesting read, if you are a terminal War on Docs nerd junkie.

I think the judge is taking the Govt's line and thinking to a silly extent. For example, if the govt taps your phone calls in jails, and places signs all over the place saying your calls might be monitored, then they can do ANYTHING they want with the info they collect, because you "consented" by using the phone?

Whoa! - I knew the govt was listening, but I do not give my consent for them to do unethical or illegal things with the information, just by using the phone. But as I read this, the judge is just blowing by such uncomfortable issues with what feels to me like cutting corners and slacking.

Actually, I take that back. This isn't slacking. Rather, I think what the judge is doing in places is working REALLY HARD digging up precedent and weaving it all together so that it just sort of seems reasonable. Bluntly, I think this legal opinion appeals to and relies on raw "Truthiness," in places.

And I am confused as to why exactly Schneider's DEA license got offered up... sounds like a mistake was made somewhere, because in this document Judge makes it sound like Schneider himself keeps shouting, "hey - take my DEA license by all means if you have to to let me go". Something confusing happened here.

BUT, as things turn out in this document, there is absolutely no reason Dr. Schneider should give up his DEA license. This is all about "public safety" as the Judge clearly reviews, and the Release Memo and Order have provisions that ensure that Dr. Schneider will not be endangering the public by manipulating any docs who takes over the now closed clinic on lease, etc and so on. Also, I believe his medical license in Kansas is suspended. Therefore, any surrender of his DEA license was unnecessary, gains Schneider nothing, and does exactly nothing to protect the people of Kansas.

The problem is, down the line after Dr. Schneider is completely exonerated, he is going to find it VERY, VERY difficult to get that license back. Nobody ever said DEA was nice guys. If they hate you or fear you, they will hurt you, any way they can. It's in their genetic code. Read the history.

So, NEVER "give" Them anything - it will not make Them like you, or treat you any better than they otherwise have in mind for you.

Yum! Pain patients with doc sauce!!

Anyway, Friends, if you are curious, go ahead and click the link above (here it is). This legal brief is more accessible than many, in my experience. It's a legal brief about a case you are familiar with - so, hell, give it a shot. It's sort of fun to see how much of the legal thinking and rationale is common sense understandable...

This Judge actually seems to be making some effort to clearly explain the issues raised by the various motions from prosecutors and defense, and the precedent on which he relied to resolve them. It is the latter sections that strike me, in part, as sleight-of-hand or govt bias as I suggest above.

Enjoy!

Posted on Tue, Apr. 22, 2008
Schneider may be out this week
Stephen Schneider, accused of running a pill mill must agree to 15 conditions. His wife will remain in jail pending psychological evaluation results.
BY RON SYLVESTER
The Wichita Eagle
Read the order releasing Schneider
Former Haysville doctor Stephen Schneider could get out of jail as early as Thursday, with more than $4 million in bond and more than a dozen conditions for his release.

Schneider and his wife have been held in the Butler County Jail without bond since their December arrest and indictment accusing them of running a "pill mill." The couple is charged with 34 counts related to their practice of prescribing painkillers at their medical clinic.

But Monday, a federal judge agreed to let Stephen Schneider go back home to his two adopted daughters, as long as he doesn't practice medicine and puts up as collateral the clinic, his home, cars and bank accounts.

"We're satisfied with the ruling and the conditions," said Schneider's lawyer, Lawrence Williamson of Kansas City. "Dr. Schneider is anxious to get out and start preparing for his defense."

U.S. Magistrate Judge Don Bostwick said he will not rule on whether Linda Schneider will be released until after he sees the results of psychological evaluations ordered this month. She was a licensed practical nurse who managed the Schneider Medical Clinic.

To secure his release the 54-year-old doctor must agree to 15 conditions at a hearing Thursday. They include:

• A bond of $325,000 to ensure appearances at future court hearings. Schneider doesn't have to put up any cash or deposits, but the bond money represents the half of his assets the government has not seized.

• $3.8 million in assets already marked for seizure by the government. Schneider has to agree to forfeit those, whether or not he's convicted, if he violates conditions of his bond. They include the clinic, the family home in Haysville, a cabin in Oklahoma, nine bank accounts and four cars.

• Remaining under house arrest and paying for his electronic monitoring with a global positioning system.

The high bond and GPS monitoring addressed concerns that Schneider and his wife had plotted to flee the country if released. Prosecutors had provided excerpts from recorded phone conversations in the jail they said were evidence of those plans.

Bostwick listened to the complete conversations and said the clips had not been taken out of context, as the Schneiders' lawyers and family had implied.

Schneider also must not practice medicine or be involved in any way with the clinic. He can't even go into the building, which has been closed since he lost his medical license in January.

Other conditions require Schneider to:

• Follow all rules set by his probation officer.

• Surrender his passport and not apply for another one.

• Not travel outside Sedgwick County, except to see his lawyer in Kansas City, without permission from his probation officer.

• Not contact any former patient identified by prosecutors as a "victim."

• Not possess any narcotics or other controlled substances unless prescribed by his doctor.

• Only leave home for work, school and church, or to attend medical, substance abuse or mental health treatments, attorney visits, court appearances or other "court-ordered obligations" or activities approved by his probation officer.

• Provide details of any rental agreement for the clinic to his probation officer.

• Pay to maintain all his former patients' medical records.

• Notify the judge and prosecutor within 48 hours if he regains his medical license.

• Surrender his DEA registration allowing him to prescribe controlled substances.

The Schneiders' trial is set for February 2009.

Reach Ron Sylvester at 316-268-6514 or rsylvester@wichitaeagle.com.



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http://www.kansas.com/topstories/story/380108.html

P.S. Did they ever decide if she, Linda, had to do the 30 day inpatient evaluation?

Just a note - I blogged the release memorandum this morning, with link to discussion here.

Judge Orders Dr. Schnieder Released

Schneider wins release from jail in hearing this afternoon
BY RON SYLVESTER
The Wichita Eagle
Stephen Schneider will get out of jail to await trial on charges of writing illegal prescriptions and health care fraud, but he will have to spend one more night behind bars.

U.S. Magistrate Judge Don Bostwick this afternoon signed a release bond for the Haysville physician. But Schneider's lawyer said the doctor won't be released from the Butler County Jail until Friday. It will take that long to set up a home-detention monitoring device, said Schneider's lawyer, Lawrence Williamson.

"We've still got a long fight ahead of us," Williamson said. "But the release is encouraging, because now Dr. Schneider can participate fully in helping build his defense."

Daughters Gina, 15, and Zoyie, 16, said they were thrilled that one of their parents will be coming home after four months.

"We're glad he's coming home, but we won't have the big celebration until both are parents are home," Gina said.

Schneider, 54, is charged with his wife in a 34-count indictment accusing them of writing illegal prescriptions for painkillers to patients at their Haysville clinic.

Bostwick has postponed ruling on releasing Schneider's wife, Linda, from jail pending a court-ordered psychological evaluation. Pat Hatcher, Linda's sister, said Linda most recently had been transferred to a federal prison facility in the Fort Worth area for her exam.

The judge changed little in the 15 conditions of bond he set earlier this week. He denied prosecutors' request to require Schneider to put up a cash bond or deposit.

Bostwick has ordered Schneider to forfeit his share in some $4 million in the couple's assets currently under seizure by the government, in addition to another $325,000. The judge said that should be enough to ensure Schneider complies with the terms of his release and ensure his appearance at future court hearings.

Prosecutors feared Schneider might flee, because he and his wife own property in Mexico, and he faces a potential life prison sentence if convicted.

Bostwick did grant the government's request to put Schneider on a State Department "watch list" that might help identify him if he tried to leave the country.

Schneider also cannot practice medicine or participate in any attempt to reopen and operate his Haysville health clinic .

More limits sought for Schneider bond
BY RON SYLVESTER
The Wichita Eagle
Stephen Schneider won't win his freedom without an argument.
Posted on Thu, Apr. 24, 2008

"Federal prosecutor Tanya Treadway has asked a judge to modify the conditions for the former doctor's bond, set for a hearing at 2 p.m. today in Wichita.

Schneider, 54, is charged with his wife in a 34-count indictment accusing them of writing illegal prescriptions for painkillers to the patients at their Haysville clinic.

U.S. Magistrate Judge Don Bostwick ruled Monday that Schneider should be released under 15 conditions, including that he not practice medicine or be involved in his clinic.

The judge allowed the prosecution and defense to file objections until Wednesday.

Treadway asked for "minor modifications," including ordering Schneider to put up a secured bond of $325,000.

Bostwick had ordered that Schneider didn't have to put down a deposit, but would forfeit half of his property that the government had not seized if he didn't comply with all of the conditions.

"The Court, the United States Attorney's Office and the U.S. Marshal would have little ability to enforce or collect an unsecured bond," Treadway said.

Prosecutors fear Schneider might flee, because he and his wife own property in Mexico, and he faces a potential life prison sentence if convicted.

Bostwick ordered Schneider to surrender his passport. Treadway also wants the judge to order the former doctor placed on the State Department's "watch list" at the border.

"The government does not believe that a passport is needed to enter Mexico, although one is required to re-enter the Unites States from Mexico," Treadway wrote.

Bostwick also ordered that Schneider not contact any of his former patients cited by the government as purported victims in the charges against him.

Treadway said that includes all of the estimated 10,000 patients who went to the Schneider Medical Clinic, because any of them could be the victims in health care fraud charges against the Schneiders.

The government wants the "no-contact" condition extended to Schneider's family, friends, former employees and members of the Pain Relief Network advocacy group, including its leader, Siobhan Reynolds.

Schneider's lawyer, Lawrence Williamson, said he plans to argue against some of the new conditions at today's hearing.

Bostwick has postponed ruling on releasing Schneider's wife, Linda, from jail pending a court-ordered psychological evaluation."

http://www.kansas.com/topstories/story/382555.html

--------------------------------------------------------------------------------
Tami ~ CPP ~ Advocate the Pain Relief Network

"In the face of evil. It's OK; we show up, we face The Fear, we spit Truth to Power. That's it. There isn't anything else."  Thanks Alex.



       
#2 Today 09:43:33

i guess im posting in thr wrong places

deanna they did show more than the other stations and i couldnt get the video on here either, hope he gets off this, thy say  he will not be able tp practice meds in ks again ,who knows ? i posted amy thoughts ,but dont remembe where, i thought i put it in my favorites,but its not there. i also put it in another place that just talked about the gov.ect and the war ,not drug war,but i made it into both.  hope