An Oakmont doctor convicted nearly three years ago of 153 counts of exchanging drugs for sex had his sentence reduced yesterday from 61/2 years in prison to 5.
Bernard M. Rottschaefer was given a new sentencing hearing based upon the Supreme Court's decision in the United States v. Booker in 2005, which made the sentencing guidelines in federal court no longer mandatory and advisory only.
The sentencing guideline in Mr. Rottschaefer's case called for a recommended prison term of 78 to 90 months. But U.S. District Judge Gary L. Lancaster said one of the reasons for Mr. Rottschaefer's reduced sentence was that he lost his medical license as a result of his conviction.
Mr. Rottschaefer, 64, was convicted in March 2004 after four women told a jury that they received Oxycontin and other drugs from him in exchange for sexual favors from May 2000 to August 2002.
Since that time, Mr. Rottschaefer has filed several appeals with the 3rd U.S. Circuit Court of Appeals. One is still pending, in which he is asking for a new trial based on newly discovered evidence. Specifically, Mr. Rottschaefer's attorneys have said the women who testified against him changed their stories in a recent civil trial deposition.
During Mr. Rottschaefer's criminal trial, the women said that there were no medical reasons that they should have been given the drugs. But in the civil case, they said that they had serious medical ailments for which they required the medication.
That appeal is still pending.
For the last several months, Mr. Rottschaefer, who had to forfeit his practice at 530 Delaware Ave., has been working as a pipe installer doing construction.
He went from earning a doctor's salary to $11 an hour.
Though the government asked the judge to revoke Mr. Rottschaefer's bond and take him into custody today, Judge Lancaster granted the defense motion to self-report to prison.
The judge re-imposed a $12,500 fine that Mr. Rottschaefer has already paid, as well as a $15,300 special assessment to the crime victim's fund. In addition, he must serve three years supervised release when he gets out of prison.
Correction/Clarification: (Published Feb. 11, 2007) Four women testified during the trial for Dr. Bernard L. Rottschaefer that he provided them with drugs in return for sexual favors. The number of women was incorrect in this story as originally published in Feb. 10, 2007 editions about his sentencing.
First Published: February 10, 2007, 5:00 a.m.