Daily Archives: Jan. 28, 2009

Judge files written order on Schneider evidence

As his ruling awaits appeal, U.S. Senior District Judge Monti Belot today issued a written order detailing his limitations of evidence in the case of a Haysville doctor as his wife.

Belot issued the written order after ruling from the bench on Monday that prosecutors could present evidence to the jury on only four of the 59 deaths they say are connected to the prescription practices of Stephen and Linda Schneider at their Haysville clinic.

The judge wrote that the value of providing evidence on all the deaths was “substantially outweighed by confusion of issues and the potential to mislead the jury. Moreover, the evidence of the large number of deaths will certainly cause delay and result in a needless presentation of cumulative evidence.”

The Schneiders’ lawyers have denied that any of the deaths are linked to the clinic bearing their name.

Prosecutors have said they will appeal the decision to the U.S. Court of Appeals for the 10th Circuit. It may take months for the judges in Denver to decide the issue, putting off the trial that had been scheduled to begin next week.

Belot also said the Schneiders’ defense is allowed to provide evidence that their clinic “was a legitimate operation and that they were treating patients accordingly.”

Prosecutors cannot use the terms “script doctor” or “pill mill,” which Belot ruled as “inflammatory rhetoric.” The defense also objected to the term “narcotics delivery system,” but the judge said the lawyers failed to show why that would be improper.

Kansas judge says “cram down” mortgage bill will help troubled homeowners

The chief bankruptcy judge in Kansas says he and his colleagues are in the best position to help troubled homeowners, if they’re given the authority they need by a new bill going through Congress.

The bill, which Tuesday passed the U.S. House Judiciary Committee, would allow judges to reduce, or “cram down,” mortgages to meet market values for homeowners who owe more on their mortgages than their houses are worth.

“For 30 years bankruptcy judges have been denied the power to modify secured loans on primary residences,” said Judge Robert Nugent of Wichita. “But I think it makes sense. We have the power to do it with commercial debtors and we adjust the value of other assets all the time.”

Previous attempts to get judges the power to alter mortgages, which proponents said could help curb foreclosures, has faced fierce fights from the banking industry. But this time, lending giant Citigroup is supporting the measure.

Watch Kansas.com for more details on this story.