Category: Police & prosecutions

“Ms. Treadway’s conduct in the case has been nothing short of shocking and ruthless; she has in fact displayed the kind of ‘win at all costs’ mentality that you have publicly stated your department will no longer tolerate,” Reynolds wrote in her June 18 letter to U.S. Attorney General Eric Holder… The ACLU has taken up the Reynolds defense in the grand jury proceedings, claiming in initial court papers that subpoenas sought by a “frustrated prosecutor seeking to silence a dissenting advocate” have a chilling effect on First Amendment rights.

“Given the sweeping nature of the subpoenas here, their chilling effect on First Amendment rights, and the circumstances under which they were obtained – a frustrated prosecutor seeking to silence a dissenting advocate – this Court should quash the subpoenas as an unjustified infringement on Ms. Reynolds’ and PRN’s First Amendment rights,” the ACLU wrote in its pleading.

Dr. Sharon Johnston comes to this Court having been convicted of a crime that does not exist, by a court without jurisdiction to enter a conviction, and affirmed by a court that did not confirm that it had jurisdiction to do so and – worse yet – blatantly attempted to “bury” its decision through depublication… This entire proceeding has been indelibly painted with the bright and unmistakable color of unconstitutional outcome-driven caprice.

Maybe we all deserve the pain. If we are too stupid to understand that aspirin kills way more people than morphine, and that there are a whole lot worse things for you and your damn Federal prosecutors to worry about than if maybe your neighbor is getting too much pain relief (sheesh!) – if you are that effin stupid then maybe you deserve the chronic pain which YOUR government has already imposed on you and your children as the defacto law of the land.

AUSA Treadway wants to drag Ms. Reynolds before a Grand Jury for, get this, obstruction of justice! in the case of U.S. v Dr. Schneider. If we were not talking about the mockery of American justice Bush appointees routinely make in cases like Schneider and Shaygan this would be really funny. Siobhan Reynolds is obstructing justice? Utter nonsense. It is prosecutor Treadway for the USA who, if not obstructing justice in this case, is surely doing everything she can to delay it.

Review of the outcome of the Shaygan Govt Misconduct hearings in which Dr. Shaygan’s Govt. Prosecutors concede to witness tampering and violation of discovery obligations to the defense, amongst other offenses. Link to PDF of Govt’s Response brief to Shaygan’s Motions for Sanctions.

Shaygan’s attorney Markus discovered that govt prosecutors authorized two witnesses to surreptitiously record conversations with the defense team and attempt to bribe Markus, and failed to disclose that the witnesses were paid, confidential informants for the DEA. U.S. District Judge Gold said there were “flagrant violations” of basic rules by Shaygan’s prosecutors, and that “important safeguards were not met.” An order from Gold is expected in a few weeks.

Wow. To win acquittal on federal drug trafficking charges is very difficult and very rare, as I have [discussed before][rm]. A resounding win is almost unheard of. I will be very interested in the outcome of the prosecutorial misconduct case being brought by Dr. Shaygan’s defense attorney, Mr. Markus.

I came across the article linked to: “Third Circuit Gives New Meaning to Term ‘Criminal Justice System’”, by Dr. Bernard Rottschaefer, himself the victim of federal prosecutor Mary Beth Buchanan in what Radley Balko, who wrote “Sex, Drugs and a Federal Prosecution – The Shabby Case Against Dr. Rottschaefer,” calls “Buchanan’s most outrageous case.” Balko writes: “Since Rottschaefer’s conviction, Buchanan’s case has fallen to pieces, as each of the five witnesses who testified to getting illegal prescriptions from Rottschaefer have since been shown to have lied. Buchanan refuses to reopen the case.”

criticisms and description of federal prosecutorial behavior rings true to me from my experience and knowledge of war on docs/pain crisis cases. Our justice system is withering, ‘the drugs exception to the Bill of Rights’ has gone from being a tragic lawyers joke to business as usual, and we now routinely apply asset forfeiture and RICO laws, intended by Congress to combat drug cartels, to individual pain-treating physicians. Doctors and sick people are easy, profitable prey for law enforcement and federal prosecutors pandering to the electorate through a media willing to be exploited for their share of the spoils.

Article from PascoTribune, including video interview of Paey, about Paey’s readjustment to live out of prison as a pardoned chronic pain patient. Permalink:

I spoke to Billy’s wife briefly, recently, and am very happy to be able to report that Dr. Hurwitz is no longer in federal prison. He is currently in a half-way house in D.C. and will be transitioning to house arrest as part of his parole and probation requirements… He is in a sort of “titration to house arrest” best I understand it. Meaning, he is starting to get overnight visits with his family – YEA! – and more and more of that till he sort of “stabilizes” on a regimen of maintenance house arrest. (Is house arrest a substitution therapy for …

Update on the case of USA v Dr. Martinez in Washington state. Martinez has been acquitted of all drug crime charges. The fraud charges remaining after her 2007 fed trial have also been dismissed, but the govt can bring the fraud charges anew. Also examined is a recent Yakima Herald article announcing “new” charges that are not, in any reality-based sense, “new” at all.

A federal judge on Thursday denied the government\’s efforts to gag defense attorneys, family and supporters of a Kansas doctor accused of unlawfully prescribing medication. In his ruling, U.S. District Judge Monti Belot said the government had not shown a compelling government interest in restraining speech.

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.