Former Haysville doctor will stay out of jail awaiting trial

Jan. 15, 20093:55 p.m.

A federal judge in Wichita ruled today that a former Haysville doctor will remain free awaiting trial next month on charges that he over-prescribed painkillers, resulting in the deaths of 59 patients.

U.S. District Judge Monti Belot denied a request by the prosecution to revoke Stephen Schneider’s bond.

Prosecutors had said Schneider didn’t meet conditions of his bond by not finding someone to safely keep the records held at the Schneider Medical Clinic. Schneider’s lawyer said they couldn’t agree with the prosecution on an appropriate person to keep the records. Nor could the Kansas Board of Healing Arts come to terms over the records. The board has filed suit asking a Shawnee County District Judge to appoint a custodian.

“It is the State Board of Healing Arts that is best positioned to ensure that Defendant’s responsibilities are fulfilled concerning the medical records and his duties to his former patients,” Belot wrote in his order.

Linda Schneider, the doctor’s wife and manager of the clinic, remains in jail awaiting trial Feb. 3, after judges ruled she was a potential flight risk. The couple face 34 federal charges and claims that they ran a “pill mill” and unlawfully prescribed painkillers and other narcotics, putting their patients in danger.

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Judge again admonishes Schneiders’ lawyers

Dec. 3, 20084:01 p.m.

Judge Monti Belot continues to admonish lawyers for motions they’re filing on behalf of Stephen and Linda Schneider, as the couple await trial charged with more than 30 federal crimes related to their prescription practices for painkillers at their Haysville clinic.

As in earlier orders, Belot’s latest ruling was terse and critical of the Schneider defense team’s efforts to argue their case

The Schneiders’ lawyers had asked Belot to reconsider a ruling last month, in which he rejected their attempts to keep prosecutors’ medical experts from testifying at the Schneider’s trial.

Belot noted in his order today the defense included a list of medical articles to support their arguments but which, in fact, supported the other side:

“The court is left to wonder whether defendants’ counsel even read the articles they claim will require exclusion of the government’s experts’ testimony.”
Belot concluded that the government’s experts’ opinions “are reliable, credible and will be helpful to the jury” and the Schneiders’ lawyers “have failed to provide any basis to challenge that conclusion.”

Trial is set for February.

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Why do capital murder cases take so long to go to trial?

July 23, 20087:18 p.m.

Sedgwick County District Judge Ben Burgess heard 13 pretrial motions this morning in the capital murder trial of Elgin Ray Robinson Jr.

While most public attention comes during a trial, it is preceded by months of sometimes complex legal arguments. Pretrial motions are an attempt to resolve legal issues, so the trial runs more smoothly. In capital murder cases, there are dozens of such motions.

That’s part of the reason why Robinson is still awaiting trial, more than two years after being charged with arranging the murder-for-hire of his 14-year-old girlfriend, Chelsea Brooks. She was nine months pregnant by Robinson at the time of her death. Ted Burnett went to trial earlier this year for strangling Brooks. He was convicted and sentenced to life in prison without parole.

Here’s just one of this morning’s arguments, presented in its entirety in three parts (the two Kansas Supreme Court cases cited involve defendants Gavin Scott and Gary Kleypas).

Defense lawyer Val Wachtel argues his motion to declare the death penalty cruel or unusual punishment under Kansas law: The response by prosecutor Kevin O’Connor: Burgess’ ruling

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