U.S. attorney: Dr. Bauer contacted former patients

SANDUSKY — The U.S. attorney wants to revoke pain doctor William "Bill" Bauer's bond because he allegedly contacted his former patients. Bauer, 83, of Port Clinton, faces 270 federal charges — related to prescribing opioids and healthcare fraud — in Toledo's U.S. District Court. He avoided jail by posting a $1.5 million bond at his arraignment in August with conditions, including no contact with potential victims and witnesses. But the U.S. attorney filed a sealed motion to revoke his bond. The court, however, released a redacted version following pressure from Brian Bardwell, an attorney with the Chandra Law Firm specializing in First Amendment cases. Bardwell was working pro bono for the Register and the nonprofit news organization Eye on Ohio to unseal the motion. "It looks like they released it in response to the noise we made on the improper way they filed it," Bardwell said. "A lot of times the government has a habit of filing under seal, but the public has the right to know in advance and to object to it. You have the right to see what the government is doing to make sure it's working in your best interest." The motion The U.S. attorney received a complaint that a man, at the behest of Bauer, made Facebook posts to organize former patients in Bauer's defense. The court warned Bauer to stop all contact with patients at his arraignment for a superseding indictment. To ensure he followed the guideline, the U.S. attorney subpoenaed his phone records. "There is clear and convincing evidence Dr. Bauer actively pursued contact with victims and witnesses," assistant U.S. Attorney Gene Crawford wrote in the motion. The records showed Bauer had hundreds of calls and text messages with patients. According to the motion, it continued even after the warning with Bauer having at least one patient contact per day. Some of the patients Bauer had contact with were identified in the indictment. Others were not. But prosecutors claim Bauer should have known they, too, were potential witnesses because he made media appearances with them. The motion referenced several Register news articles, including a "Between the Lines" video segment with three patients that Crawford said he did "to defend his prescribing practices and to portray his patients as victims of government overreach." The U.S. attorney requests he be detained until trial or increase his bond to $2 million. Crawford stressed in the motion Bauer chose to contact patients and is unlikely to follow any restriction. "This is all Dr. Bauer's doing, and the court should keep that in mind if asked to consider whether the government's request for pretrial detention is unreasonable," Crawford wrote. A hearing on the motion takes place Thursday before federal Judge Jack Zouhary in Toledo's district court. Concerns with motion Bardwell said Bauer's attorney, John Gibbons, will make his arguments, but he had concerns with the initial bond order preventing contact with potential witnesses or victims. "He has the right to continue to talk about pain management, so it's hard to know at what point someone might become a witness," Bardwell said. "If he was my client, I would've objected on that basis." Despite the release of the redacted version, Bardwell still filed the motion to unseal Thursday because of lingering First Amendment concerns. "There are several redactions without a reason provided and some of the attachments are still under seal," Bardwell said. Another point he took issue with was the motion's claim Bauer violated his bond by creating a website where people could file claims they were denied medicine, sign a petition critical of opioid restrictions for chronic pain patients and connect with advocates. "All those activities are protected by the First Amendment," Bardwell said. "Everybody has a right to tell the government it made a mistake, and it needs to fix it." Reach reporter Michael Harrington at michaelharrington@sanduskyregister.com, follow the Register at Facebook.com/SanduskyRegister