Instead, Schroyer’s attorney Anthony VanNoy withdrew his motion to suppress and instead asked for a delay to deal with the amount of discovery needed and to possibly secure an expert witness.
U.S. District Court Judge Thomas Rose granted the continuance. Schroyer faces one count of stealing public money or records, which is punishable by maximum penalties of up to 10 years in prison, a $250,000 fine plus three years of supervised release.
In her motion to suppress, Schroyer’s attorney wanted Rose to keep statements Schroyer made during a postal internal investigation held out of any trial. The attorney also wanted anything Schroyer said after she invoked her Fifth Amendment rights suppressed.
Instead, the motion to suppress was withdrawn. Schroyer’s attorneys also filed a motion asking for Rose to require the government to divulge considerations or promises to prosecution witnesses in exchange for aid and/or testimony.
Assistant U.S. attorney Alex Sistla said during Monday’s hearing that plea negotiations had been attempted and rejected by Schroyer and that there are currently “no plea offers from the government.”
Schroyer had claimed she couldn’t sit, stand or walk for more than five or 10 minutes at a time. But court documents allege Schroyer was seen seen in airport and amusement park surveillance traveling and riding a ride at Orlando’s Sea World water park.
Schroyer, a letter carrier, was indicted for allegedly defrauding the government of about $5,000 in workers’ compensation benefits and for unlawfully taking more than $1,000.
The indictment did not describe how or why the surveillance video was made available to federal prosecutors.
On May 5, 2015, Schroyer reported to a supervisor that she was injured while attempting to lift a heavy package, according to the indictment.
Two days later, a physician placed her on light duty and Schroyer submitted a claim, alleging she suffered an injury to her right side and pelvic area, documents indicate.
On June 13, 2015, Schroyer and her boyfriend flew from Dayton to Orlando, Fla. Schroyer “had a carry-on bag and walked without assistance through the Dayton International Airport,” the indictment said.
During a week-long vacation, Schroyer went to Aquatica, a water park at Sea World, and rode rides including the HooRoo Run, where she was observed climbing several flights of stairs without assistance or difficulty.
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