Kansas AG Keeps Eye on PRN

Kan. Ag’s Office Keeping Eye on Pain Relief Network’s President; Roxana Hegeman; Associated Press; 2008-03-25. [Comments / Discussion on PRN's Forums]

See also:
Comment on ‘Patients Claim Govt Harrassment’ – DeLuca, 2008-03-23

WICHITA, Kan. (AP) — The Kansas attorney general’s office is monitoring actions by the president of the Pain Relief Network to see if she is illegally practicing law as her patient advocacy group backs a Haysville physician indicted for operating a “pill mill” linked to at least 56 overdose deaths.

Pain Relief Network President Siobhan Reynolds contended Tuesday that the action amounts to the government trying to criminalize the political speech of opposition groups. Similar allegations against her were made by federal prosecutors in the case against Dr. Stephen Schneider and his wife, Linda.

Ashley P. Anstaett, spokeswoman for Kansas Attorney General Steve Six, said their attorneys were aware of the allegations against Reynolds and her participation in the federal case brought against the Kansas doctor and his wife.

“We will continue to monitor her conduct as the case moves forward and take action if appropriate,” Anstaett said. “The unauthorized practice of law is something our Consumer Division investigates and takes very seriously.”

Her behavior so far does not rise to the level of unlawful practice of law, Anstaett said.

Reynolds said she has repeatedly told the Schneiders and others that she is not an attorney. However, she contends that she has learned from all the cases brought against doctors indicted for prescribing medication to pain patients.

“I bring that expertise to the attorneys and Dr. Schneider and Linda,” Reynolds said. “That is my right, and it is protected, and I will continue to assert it.”

Reynolds said she was disturbed and saddened by the state’s actions.

“For the Kansas attorney general’s office to say they will be monitoring me is chilling,” she said. “I never thought I would see the day that acting like the opposition to the government is being criminalized. Of course I have to discuss law — this is a criminal matter, these are criminal defendants. How can I possibly avoid it?”

The allegations against Reynolds first surfaced in court documents filed by Assistant U.S. Attorney Tanya Treadway to get the attorneys retained by Schneiders kicked off the case for a purported conflict of interest. The government claimed Reynolds was directing their criminal defense behind the scenes.

That attempt by prosecutors failed after the couple agreed to waive their right to later challenge any possible conviction on the grounds of ineffective counsel.

But pressure against Reynolds has intensified with former patients reporting that federal agents questioned them about her involvement in the case.

The Pain Relief Network sued both the state and federal government on behalf of Schneider’s patients, challenging the constitutionality of the Controlled Substances Act and seeking to have the doctor’s clinic reopened. That civil case was withdrawn after a federal judge refused to grant a temporary injunction against the government.

The Schneiders were indicted in December on federal charges of conspiracy, unlawful distribution of a controlled substance resulting in death, health care fraud, illegal money transactions and money laundering.

The indictment alleges that the doctor and his wife directly caused four deaths and contributed to the deaths of 11 other patients. In all, the indictment links their clinic to the accidental overdose deaths of 56 patients.

The Schneiders, who remain jailed, have adamantly proclaimed their innocence.

In a related development, prosecutors also filed a motion Tuesday asking for a hearing and a mental examination to determine Linda Schneider’s competency to assist in the preparation of her defense. The motion seeks a 30-day inpatient commitment to a mental institution to do the examination.

At a detention hearing earlier this month, a psychologist testified that Linda Schneider suffers from severe depression and a form of bipolar disorder that causes gradual mental deterioration that was being made worse by her incarceration. The motion came even as a a judge is considering whether to allow the couple’s release on bail. The Schneiders have offered to put up more than $2 million bond, backed by assets that the government wants them to forfeit.

Her sister, Pat Hatcher, called the government’s latest motion another ploy.

“My sister has no mental illness,” Hatcher said. “She is depressed because of where she is at and because she is away from her kids.”

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