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.