May 27, 2008
By: Roxana Hegeman
The Associated Press

Federal prosecutors told a judge Tuesday that the government never interfered with the proceedings of the Kansas Board of Healing Arts, denying a defense contention in the prosecution of a Haysville doctor accused of illegally prescribing narcotic painkillers.

Court documents filed by prosecutors in the criminal case against Stephen Schneider and his wife, Linda, said the state's regulatory proceedings are continuing, and argued there was no factual or legal basis for the court to stay the criminal proceedings in deference to the state.

The healing arts board has set a Nov. 11 hearing date on its petition to revoke Schneider's medical license. His license was suspended shortly after his criminal indictment.

To bolster their argument, prosecutors noted a 2006 letter sent by Assistant U.S. Attorney Tanya Treadway in which she told the board that by coordinating, they would avoid duplicating efforts and prosecutors would "stay out of KBHA's way in its administrative proceedings" against Schneider.

The government also noted that defense lawyers failed to mention that the board and Schneider agreed to a stay of the board's proceedings in January 2007 to give investigators time to file an amended petition. The board has also denied a motion filed by Schneider just two months ago to stay the board's proceedings until the criminal case was resolved.

Three affidavits filed by board employees alleging Treadway asked for board's delays were erroneous, prosecutors said.

The prosecution's motions came as response to defense filings earlier this month alleging the U.S. attorney's office "commandeered" the board and claiming prosecutors asked the board to stay its proceedings out of fear it would clear the doctor of medical impropriety before an indictment.

A federal indictment links the Schneiders' Haysville clinic to the accidental overdose deaths of 56 patients. The government charged them with directly causing four deaths and contributing to the deaths of 11 other patients cited in the indictment.

The Schneiders face federal charges including conspiracy, unlawful distribution of a controlled substance resulting in death, health care fraud, illegal money transactions and money laundering. They have pleaded not guilty.

 

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