State Courts

Judge files written order on Schneider evidence

By Ron Sylvester

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.

Full post as published by What the Judge Ate for Breakfast on January 28, 2009 (boomark / email).