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In this May 10, 2010 photo, Dr. Stephen Schneider and his wife, Linda, of Haysville, Kan., leave the Federal Courthouse in Wichita, Kan. The Kansas doctor, accused of illegally prescribing drugs linked to 68 deaths, testified Thursday, May 27, 2010, that he knew some patients had died from overdoses, but he said his clinic changed its practices to prevent future overdoses. Schneider and his wife, Linda, are charged in a 34-count indictment with illegally prescribing drugs and committing health care fraud and money laundering. (AP Photo/Jeff Tuttle) Image by AP
WICHITA, Kan. (AP) A Kansas doctor and his wife convicted in a moneymaking conspiracy linked to 68 overdose deaths are attacking a federal prosecutor's changing position now that the case has reached the appeals court.
In a filing with the 10th U.S. Circuit Court of Appeals, new lawyers for Stephen and Linda Schneider say the prosecutor is "debasing'' justice by now claiming the couple had conflict-free attorneys at trial. The same prosecutor aggressively pursued the opposite stance in the lower court.
At issue is the involvement of a national patient advocate in the case.
The Haysville couple was convicted in 2010 of unlawfully prescribing drugs, health care fraud and money laundering.
The U.S. attorney's office says it's reviewing the filings and would respond in court.