Judge refuses to gag Kansas doctor's defense
By ROXANA HEGEMAN
The Kansas City Star
Posted on Thu, Jul. 10, 2008 01:52
WICHITA "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. He said an impartial jury can be seated in the case of Dr. Stephen Schneider and his wife, Linda, by questioning potential jurors about their exposure to pretrial publicity.
"The parties should not misinterpret this ruling as an endorsement of statements to the media by their counsel or their surrogates," the judge wrote. "This court firmly believes that cases should be tried in the courtroom, not on the courthouse steps."
Belot also denied the prosecution's request to order the defense to turn over a recorded statement the doctor made in jail for The Associated Press during an attorney visit. The judge said the matter was moot because defense attorneys contend only AP has the recording.
Prosecutors had sought a court order restraining the defendants, their family and Siobhan Reynolds, president of the patient advocacy group Pain Relief Network, from talking to the media. The government also sought an order keeping Reynolds and Pat Hatcher, the sister of Linda Schneider, from contacting victims and witnesses.
"We will abide by the court's order," said Jim Cross, spokesman for the U.S. attorney's office. He declined further comment.
Reynolds said in a phone interview that the judge made a good call.
"The government was trying to restrain my speech and the speech of the defendants and their family members — and that is constitutionally protected speech," Reynolds said. "I was a little disappointed to see Judge Belot didn't distinguish the family's protected speech and my speech as a political leader, but you can't always get what you want. I got what I need."
Hatcher said she will continue to try to get the truth out about the case.
"I am happy that the judge ruled in our favor on that so I can keep supporting my sister and showing my love for my family. That is basically what I am doing," Hatcher said. "I am not an attorney, I am not putting any information out there that is nothing but support. It makes me feel good. I have faith in the system when a ruling comes down like this."
A 34-count federal indictment against the Schneiders alleges they directly caused four deaths and contributed to the deaths of 11 other patients. In all, it links their clinic to 56 overdose deaths. Prosecutors charged the couple with conspiracy, unlawful distribution of a controlled substance resulting in death, health care fraud, illegal money transactions and money laundering.
The Schneiders have proclaimed their innocence.
Belot said he reviewed news articles the government submitted as exhibits and failed to see how the news coverage will taint the jury pool. He also said he failed to understand how recorded phone calls from the jail to family members about media coverage submitted as evidence by the government will affect any potential jurors.
Prosecutors had also asked the court to remind defense counsel of their ethical duties. But in his ruling, Belot said he assumes all counsel are aware of their ethical duties. He said if counsel has any information regarding an ethics violation it may be reported to the Kansas Disciplinary Administrator's Office, noting that his court is not a disciplinary review board.
Belot said he expected counsel to know and follow their ethical responsibilities. For those persons not bound by any code of ethics, the judge cited the words of former Vice President Hubert H. Humphrey: "The right to be heard does not automatically include the right to be taken seriously."
"I'm relieved, but slightly insulted," Reynolds said laughingly of the judge's quote of Humphrey in his ruling. "It's fine. I want to be funny back. That is good."
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