Judge Orders Dr. Schneider Released

Judge Orders Dr. Schneider Released; Alexander DeLuca; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2008-04-23.

My comments Regarding:
U.S. District Court - District of Kansas
U.S.A. v. Stephen and Linda Schneider
Memorandum and Order (PDF) - Judge D.W. Bostwick, 2008-04-21
(releasing Stephen Schneider, on Wednesday April 23, 2008, at 4:30 PM)

Judge Bostwick has ordered Dr. Stephen Schneider released pending trial. The Memorandum and Order (PDF) 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, on some of the issues raised in this complicated case. For example, if the govt taps your phone calls in jail, 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.

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 more reasonable than I think it is.

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, reading through the 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 doc who takes over the now closed clinic on lease, if that should happen, 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 and 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. And it’s 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, in parts, that strike me as sleight-of-hand or govt bias as I suggest above.

As always, we ask that you help PRN fight to protect the rights of patients and the doctors who treat them. Thank you for clicking the link below.



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