Doctor seeks lessened sentence
Dr. Mark S. Fremd said he wants to use his medical knowledge to benefit Fayette County, but to do that, he needs a judge to lessen his sentence. In motions filed by attorney Paul Gettleman, Fremd asked Judge Steve P. Leskinen to alter his 1 1/2- to 3-year sentence so that he does not have to serve time in a state prison. Any time less than two years is served in the county lockup.
Gettleman’s motion suggests that Leskinen sculpt a program in which “Dr. Fremd could treat the otherwise untreatable members of Fayette County, moneys (sic) could be taken out for court costs/restitution and Dr. Fremd would be able to continue to support his family.”
Fremd was convicted in April of illegally supplying drugs to patients and defrauding insurance companies. He was ordered to pay nearly $285,000 in restitution to Highmark Blue Shield.
Gettleman’s motion indicated that if Leskinen modified Fremd’s sentence, he would be able to use money he makes before his medical license is likely revoked to help pay restitution and court costs.
“In a short period of time, Dr. Fremd will most likely lose his license to practice medicine, but while he still maintains it, he could clearly be serving the community that he was found guilty of victimizing,” wrote Gettleman.
Use of Fremd’s medical skills is one of eight factors Gettleman cited as reasons that Leskinen should lessen Fremd’s sentence.
He also noted that Fremd is the biological father of five children, ranging from ages 5 to 10, and the sole provider for his family. All of the children, wrote Gettleman, live in the same house and attend private schools. Fremd’s wife, Christine, would not be equipped to provide for the children, according to the motion.
“The children would no longer be able to remain in school and/or in the household together and there is a serious question as to whether they would be able to retain their residence,” read the motion.
The motion acknowledged that the difficulties Fremd’s family will face if he goes to prison are shared by other criminal defendants, but notes that his case is unusual because he can provide a “unique service” to the community through his medical knowledge.
“The defendant is also currently in the process of being examined by a clinical psychologist for a form of sexual addiction, which may have some bearing in trying to explain some of the behavior that led to Mark Fremd’s conviction of several of the drug counts,” wrote Gettleman.
No defense based on sexual addiction was presented at Fremd’s trial, and he testified that he was not guilty of the charges against him.
In a second motion, Gettleman also asked that Leskinen dismiss several of Fremd’s convictions for various reasons. One of the charges, Gettleman claimed, resulted from police entrapment. He also claimed prosecution witness Janet Matey, who testified she and Fremd had unprotected sex weekly for three years at his Bethel Park office, was lying. Matey also testified that Fremd gave her drugs to sell when he couldn’t pay her the money he promised her for defrauding her insurance company.
Matey, according to the motion, has genital herpes. Fremd and his wife do not. “That raises the defense of medical impossibility equi-valent to a sterile woman giving birth to a child,” wrote Gettleman.
Leskinen will hear the motions next week.