Dr. Schneider Pretrial Motions in Judge’s Hands


Jun 25, 2008
By: Alex Deluca MD, MPH
Pain Relief Network

Dr. Schneider’s pretrial motions to dismiss on constitutional grounds, and his motions for abstention have been filed, as has the Government’s opposition to those motions, and Dr. Schneider’s response to the Government’s opposition.

As I understand it, now we wait for rulings by the Judge.

The relevant briefs, and the Order releasing Dr. Schneider on bond and setting conditions on that release, are linked to, below. Dr. Schneider’s wife Linda remains in jail as a “flight risk” and is awaiting hearings on her detention and release.

Defendants’ Memo and Authorities in Support of Motion to Dismiss Indictment as Unconstitutional
Byers, Gorokhov, Ohaebosim, and Williamson; USA v. Schneiders’ et al., Case No.: 07-10234-WEB; Filed: 2008-05-16.

Excerpt:

The Indictment is the creation of our government, and it is the choice of our government to bring it. The Indictment is full of shocking and inflammatory rhetoric. It is all the more disturbing when the rhetoric is stripped away from and juxtaposed with the substantive allegations in its counts, which are wholly deficient. The most disturbing aspect of this case is the Indictment itself and the allegations it contains, which are the subject of the instant Motion to Dismiss.

Memo of Points and Authorities in Support of Defendants’ Motion for Abstention
Byers, Gorokhov, Ohaebosim, and Williamson; USA v. Schneiders’ et al., Case No.: 07-10234-WEB; Filed: 2008-05-16.

Defendants’ Reply to Govt’s Response in Opposition to Defendants’ Motions to Dismiss
Byers, Gorokhov, Ohaebosim, and Williamson; USA v. Schneiders’ et al., Case No.: 07-10234-WEB; Filed: 2008-06-20.

Schneider Release Memorandum and Order
Judge Bostick; USA v. Schneiders’ et al., Filed: 2008-04-21.

Government Response: