WICHITA, Kan.—Prosecutors are asking an appellate court to overrule a federal judge and allow them to present evidence linking a Kansas clinic to all 59 overdose deaths mentioned in an indictment against a doctor and his wife, rather than limiting the case to just four deaths.
A three-judge panel of the 10th Circuit Court of Appeals in Denver will hear arguments Wednesday in the case of Dr. Stephen Schneider and his wife, Linda. The Haysville couple was arrested in December 2007 after a grand jury returned a 34-count indictment alleging they wrongfully prescribed drugs and overbilled for medical services.
The indictment alleges the couple’s actions resulted in numerous overdoses, including 21 deaths specifically charged in four of the counts. Prosecutors also claim an additional 38 patients of the clinic died from overdoses.
In his January ruling, U.S. District Judge Monti Belot did not question the validity of the evidence. Instead, he questioned the need to present that much information and said doing so would just confuse the jury. He also said the trial would go on forever with no useful purpose if every death were included.
The Schneiders contend they are innocent and that the federal government is improperly interfering in the doctor-patient relationship.
In their appeal, prosecutors argued that the judge exceeded his authority by amending an indictment that had been returned by a grand jury.
Belot also limited each side to just 10 days of testimony.
The Justice Department contends that time limit is unreasonable, given the complexity of the case.
Defense attorneys argued the judge’s decision was proper, noting the defendants still face the same penalty of 20 years to life if convicted of a single death.
“Trial courts have the authority—indeed the duty—to exclude evidence that is confusing, misleading and time consuming,” the defense wrote.
However, defense attorneys have questioned the scientific reliability of the testimony expected from some of the government’s expert witnesses and will ask the appeals panel to prevent those people from testifying.
The judge’s ruling and the Justice Department’s appeal came just days before the Schneiders’ jury trial was scheduled to begin.
The appeal angered Belot, who suggested Acting U.S. Attorney Marietta Parker do “a better job of supervising the prosecution.”
Letters filed in the case by Belot and Parker provide a rare glimpse into a conversation between a judge and the state’s top federal prosecutor. Both later described their Jan. 27 telephone call as “unproductive and unpleasant.”
Parker wrote that the judge suggested she be more diligent and learn the facts of the case so she would be able to understand the “oppressive nature of this prosecution,” as evidenced by the government’s decision to file a 60-page indictment.
Parker told the judge that she wouldn’t presume to question those within the Justice Department, including former U.S. Attorney Eric Melgren, who decided to prosecute the Schneiders.
“Several times during our conversation, the judge reiterated that the government’s decision to file the notice of appeal had caused him to think considerably less of the U.S. Attorney’s Office,” Parker wrote. “At the end of our conversation I told him I regretted that a professional disagreement would cause that result.”
