U.S. Government opposes Kraynak's citing of U.S. Supreme Court decision

Jul. 19—WILLIAMSPORT — The U.S. Government filed court documents on Monday opposing Raymond Kraynak's citing of a recent United States Supreme Court decision to support withdrawing a guilty plea of 12 felony counts of illegal distribution or dispensing of prescription drugs

On June 27, the United States Supreme Court decided Ruan v. the United States, ruling the government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.

"His (Kraynak's) attempt to leverage Ruan in his favor, while certainly resourceful, fails in view of the distinguishing circumstances in this case," wrote U.S. Assistant Attorney William Behe in documents in the United State District Court. "Unlike the defendants in Ruan, Kraynak entered a guilty plea to the indictment, after hearing all the evidence in the government's case, and, in pleading guilty, admitted that he knew his conduct in prescribing drugs was not for legitimate medical purposes, outside the usual professional practice not authorized under (the law). Moreover, the trial evidence in the case, both direct and circumstantial, amply demonstrated Kraynak's knowledge and intent that his conduct deviated from that professional standard."

U.S. Judge Matthew Brann will hear arguments for Kraynak's case at 10 a.m. Aug. 3 in Courtroom 1 of the U.S. Courthouse and Federal Building, 240 W. Third St., Williamsport. Kraynak is being detained until sentencing or he is granted a new trial.

Unlike the defendants in Ruan, Kraynak in pleading guilty admitted he knowingly and intentionally distributed controlled substances in an authorized manner, wrote Behe.

The doctors in the Ruan case were convicted at the conclusion of jury trials where the courts' instructions to the jury were held to be erroneous by the Supreme Court. Kraynak pleaded guilty, so there was never any instruction, erroneous or otherwise, given to the jury, Behe wrote.

The trial evidence showed that Kraynak knew his conduct was not authorized, Behe wrote.

The plea in September came following 10 days of trial on the morning the defense was set to begin its case, but Kraynak moved to withdraw his plea and seek a new attorney two weeks before sentencing in March.

Federal agents arrested the now-suspended doctor on Dec. 21, 2017. The indictment stated Kraynak allegedly prescribed more than six million opioids, such as Oxycontin, Vicodin and fentanyl, between May 2012 and July 2017, and was responsible for the deaths of five patients: Rosalie Carls, 43, of Frackville; Andrew R. Kelley, 48, of Mahanoy City; Debra F. Horan, 56, of Elysburg; Mary Anne Langton, 55, of Mount Carmel, and Catherine Schrantz, 35, of Hellertown.

After pleading guilty, the remainder of the charges — five felony counts of illegal distribution or dispensing resulting in death and two felony counts of maintaining drug-involved premises for his offices in Mount Carmel and Shamokin — were dropped. While Kraynak did not plead guilty to the illegal distribution or dispensing resulting in death, the former doctor acknowledged his prescribing practices resulted in the death of his patients, according to the plea deal.

In addition to Carls, Kelley, Horan, Langton and Schrantz, seven other patients died: Donna Bynum, 36, of Mount Carmel; Wanda Ebright, 34, of Mount Carmel; Francis Gaughan, 47, of Lost Creek; Randy Wiest, 50, of Coal Township; Faith Herring, 42, of Atlas; Teresa Madonna, 49, of Schuylkill Haven; and Jessica Slaby, 38, of Coal Township. The government did not charge Kraynak in these seven deaths, but all 12 were listed in the indictment in relation to the illegal distribution charges.