Free Speech: ACLU Backs Pain Activist's Effort to Quash Subpoena Issued in Kansas Case

Submitted by Phillip Smith on (Issue #585)
Consequences of Prohibition
Politics & Advocacy

The American Civil Liberties Union (ACLU) has joined pain activist Siobhan Reynolds and the Pain Relief Network (PRN) in her effort to block a bare-knuckled federal prosecutor from compelling her to produce documents about her contacts with Kansas pain doctor Steven Schneider and his wife, as well as friends, relatives, employees and attorneys.

[inline:siobhanreynolds.jpg align=right caption="Siobhan Reynolds at 2004 Congressional briefing"]The federal grand jury subpoena marks the second time US Assistant Attorney Tanya Treadway has gone after Reynolds for her advocacy for the Schneiders as they face federal charges they unlawfully prescribed pain medications.

The Schneiders were arrested and their pain clinic and home raided by federal agents in December 2007. Reynolds, a tireless advocate for chronic pain patients and the doctors who prescribe for, went to Kansas to support the couple, whom she sees as being hounded by overzealous federal drug warriors. There, with her criticism of the prosecution's case, she became a thorn in Treadway's side.

Last July, Treadway sought a gag order barring Reynolds and the Schneiders from talking to the press and another order barring Reynolds from talking to "victims" and witnesses in the case. The judge hearing the case, US District Court Judge Monti Belot, denied that motion to stifle dissent.

At the time, Treadway said in court documents that Reynolds had a "sycophantic or parasitic relationship" with the Schneiders and alleged that she was using the case to further the Pain Relief Network's political agenda and her own personal interests.

Then, in March, Treadway hit Reynolds with the subpoena, which demands that Reynolds turn over all correspondence with attorneys, patients, Schneider family members, doctors, and others related to the Schneider case. Treadway's subpoena is supposedly part of an obstruction of justice investigation aimed at Reynolds. She also demands that Reynolds turn over bank and credit card statements showing payments to or from clinic employees, patients, potential witnesses and others, including virtually every attorney Reynolds knows.

That meant that in order to defend herself, Reynolds had to write and submit her own motion to quash the subpoena, which she filed on April 9. Now, the ACLU has ridden to the rescue, filing an amended motion to quash the subpoena that strongly argues the subpoena should be withdrawn because it threatens Reynolds' First Amendment rights and amounts to little more than a "fishing expedition" aimed at finding out information about the Schneiders' defense.

"These subpoenas constitute an abuse of the grand jury process," the ACLU argued. They would have "a chilling effect" on Reynolds' constitutionally protected speech. The subpoena directed at Reynolds is also "a misuse of the grand jury process because it is aimed at invading the defense camp of the Schneiders. On its face, AUSA Treadway's fishing expedition appears to have the impermissible purpose of obtaining information about the Schneider's defense. Therefore the subpoenas should be quashed as an abuse of the grand jury process."

The motion was heard on Tuesday (5/12), but there is no word back from the judge yet, who took it under advisement. Proceedings were conducted "under seal," at Treadway's behest, prohibiting the involved parties from publicly discussing it.

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Comments

Anonymous (not verified)

Obstruction of JUSTICE my ASS... sounds like Treadway has "a sycophantic or parasitic relationship" with the drug war... and her evil ego!

Subpoena this bitch treadway. Reynolds has the legal high ground and should not only hold it but we should join her and try to get assholes like treadway disbarred if not imprisoned!

It's this type of righteousness that ruins our democracy!

Fri, 05/15/2009 - 5:20pm Permalink
Anonymous (not verified)

Pain patients who benefit form opioid drug therapy have no rights that need be respected by anyone, near as I can tell. Evn Paula Abdul , who was the RSD (CRPS) poster girl is now saying she was "addicted' to pain meds. If she was addicted her RSD must have spontaneously vanished because an RSD patient may be dependant but not addicted. They are just replacing endomorphines that are malfunctioning or insufficient. Any narcotic is considered the evil molecule however so the general position is " go kill yourself" because nobody can live the the pain of RSD. The judge told Dr Schneiders patients to go to the emergency room. Great idea if you wanna be treated as a junky scum seeking dope. I really do wish anyone who doubts the reality of causalgia/RSD?CRPS pain as being as bad a cancer pain would have one day with the kind of pain endured by patients of Dr's like Schneider. The judge especially should have to endurte a year. But life isn't fair like that. Our culture thinks pain is redemptive They can all go eat shit..

Sat, 05/16/2009 - 2:10pm Permalink
Anonymous (not verified)

They attack doctors and pain patients because it's esay pickings. If we call it a "war on drugs" then we now have over 1 million prisoners of war in the U.S. prision industial complex. The war on drugs is as phony as the war on terrorism.

Mon, 05/18/2009 - 5:00pm Permalink

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Source URL: https://stopthedrugwar.org/chronicle/2009/may/15/free_speech_aclu_backs_pain_acti