Pubdate: Fri, 09 Apr 2004
Source: South Bend Tribune (IN)
Copyright: 2004 South Bend Tribune
Contact:  http://www.southbendtribune.com/
Details: http://www.mapinc.org/media/621
Author: Matthew S. Galbraith, Tribune Staff Writer
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

JUDGE CONTINUES DETENTION HEARING FOR NEW CARLISLE DOCTOR

Government Compares Dr. David Fischer to a Crack Dealer, While Defense 
Lawyer Describes Him As Caring for His Patients

SOUTH BEND -- Is he a dangerous drug dealer who's a risk to flee northern 
Indiana, or a rural doctor who's needed by hundreds of patients?

The matter of pretrial detention for Dr. David Fischer came down Thursday 
to contrasting descriptions of the family practice physician from New Carlisle.

At the end of a nearly two-hour hearing, U.S. Magistrate Judge Christopher 
A. Nuechterlein opted to wait a week before deciding the complicated question.

During that time, the judge instructed the defense to work with the 
pretrial services officer to see what non-custodial options are available, 
and the government to further develop its evidence for detention, which may 
include new information about alleged witness tampering.

Nuechterlein set the next hearing for April 16. Until then, he's required 
by law to keep Fischer in custody.

Fischer has been charged with 10 counts related to the illegal distribution 
of controlled substances, including the narcotic pain reliever Oxycontin. 
The charges carry a total penalty of 170 years in prison, although an 
initial review of federal sentencing guidelines would have him receiving 
about five to seven years if he's convicted.

The length of a possible sentence, along with the defendant's lack of 
assets despite running a medical clinic, prompted the government to move 
for his detention pending trial.

Assistant U.S. Attorney Jonathan Potter said Fischer is no different in the 
law's eyes than other accused drug dealers. Potter was referring to the 
presumption enacted by Congress that some offenses are serious enough to 
require pretrial detention.

In those cases, the defense has to show that the defendant is not a danger 
to the community or a flight risk.

"It goes for a crack dealer or a doctor," Potter said.

Specifically, the federal prosecutor said the type and amount of controlled 
substances allegedly dispensed illegally by Fischer show that he is a 
danger to the community.

The doctor is accused of unlawfully prescribing Oxycontin, Demerol, 
morphine, methadone and Oxycodone. All medications are associated with pain 
therapy and management.

Fischer's lack of assets makes him a flight risk, Potter said.

In addition, Potter said investigators have received information that 
prescriptions have continued being written out of Fischer's office since 
his arrest and that employees have been advised not to testify against him.

Defense attorney H. Jay Stevens disputed the allegations, saying Fischer 
has surrendered his federal license to prescribe controlled substances and 
has had little communication with anyone since being taken to jail.

Stevens called four patients of Fischer to testify about his conduct with 
them. They described him as professional, caring, kind and courteous.

Fischer has hundreds of patients who rely on him in a community where 
there's only one other doctor, Stevens said. His client could continue to 
practice medicine without prescribing or ordering controlled subtances, he 
added.

In addition to running a viable practice, Stevens said Fischer has area 
family ties, is active in his church's youth group, offers his services at 
a nursing home and a hospice facility, and has no criminal history.
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MAP posted-by: Terry Liittschwager