http://www.kansas.com/213/story/342208.html
Posted on Sat, Mar. 15, 2008
Schneiders offer $2 million in assets for bond
BY RON SYLVESTER
The Wichita Eagle
Haysville doctor Stephen Schneider and his wife, Linda, agreed Friday to put up more than $2 million in property and cash if a federal judge will let them out of jail.
The couple said that if they defied conditions of bond they would forfeit those assets whether or not they're convicted of 34 criminal charges related to their prescribing of prescription painkillers.
U.S. Magistrate Don Bostwick didn't immediately rule on whether to release the couple, who face charges of running a "pill mill" at their clinic. He will consider evidence and issue a written ruling.
Bostwick ordered the Schneiders held without bond Dec. 21, finding that they posed a safety risk and might flee the country.
The $2 million in assets -- including the Schneiders' clinic, two homes, four cars, two boats and money in seven bank accounts -- has been identified for seizure. But the government can take the assets only if the couple is convicted.
If the assets become part of their bond, the Schneiders will forfeit their fortune if they don't appear for court hearings or comply with conditions set by the judge.
Lawrence Williamson, Stephen Schneider's lawyer, asked the judge to tailor any conditions he might set so the couple couldn't lose their assets by showing up minutes late for a hearing.
"I'm concerned with technical violations," Williamson said.
Prosecutor Tanya Treadway said the Schneiders' lawyers failed to provide any new reasons that would give the judge a legal reason to change his previous ruling.
Treadway has identified 59 patients since 2002 who died of apparent drug overdoses from medications they received through the Schneiders' clinic.
Williamson dismissed prosecutors' contentions that the Schneiders might flee to Mexico, where they own a vacation home.
"You're not going to run to a house where the government knows to find you," Williamson told the judge.
"Or maybe you've read the treaty and know you can't be extradited," Bostwick replied.
"Well, then they'd go get Dog the Bounty Hunter to go get them and bring them back, if the government wants them," Williamson said, referring to a cable television show.
That proved a light moment in a serious hearing.
Linda Schneider's lawyers called a psychologist, Kerin Schell, to testify about her mental condition.
Schell said the licensed practical nurse suffers from major depression and bipolar disorder that has gotten worse and would incapacitate her if she remained in jail.
Treadway contended that Linda Schneider's mental condition was "an act."
The prosecutor cross-examined Schell about a recorded conversation in which Linda Schneider talked to her sister about staying in jail under the advice of a nonprofit advocacy group.
"If a person elected to stay in jail for some cause or purpose, would that affect your diagnosis?" Bostwick asked.
"She has to use a legal strategy in order to survive," Schell said. "That wouldn't surprise me at all, if someone advised her that staying in jail might help her (case)."
Reach Ron Sylvester at 316-268-6514 or
rsylvester@wichitaeagle.com.
© 2007 Wichita Eagle and wire service sources. All Rights Reserved.
http://www.kansas.com
