Judge files written order on Schneider evidence

As his ruling awaits appeal, U.S. Senior District Judge Monti Belot today issued a written order detailing his limitations of evidence in the case of a Haysville doctor as his wife.

Belot issued the written order after ruling from the bench on Monday that prosecutors could present evidence to the jury on only four of the 59 deaths they say are connected to the prescription practices of Stephen and Linda Schneider at their Haysville clinic.

The judge wrote that the value of providing evidence on all the deaths was “substantially outweighed by confusion of issues and the potential to mislead the jury. Moreover, the evidence of the large number of deaths will certainly cause delay and result in a needless presentation of cumulative evidence.”

The Schneiders’ lawyers have denied that any of the deaths are linked to the clinic bearing their name.

Prosecutors have said they will appeal the decision to the U.S. Court of Appeals for the 10th Circuit. It may take months for the judges in Denver to decide the issue, putting off the trial that had been scheduled to begin next week.

Belot also said the Schneiders’ defense is allowed to provide evidence that their clinic “was a legitimate operation and that they were treating patients accordingly.”

Prosecutors cannot use the terms “script doctor” or “pill mill,” which Belot ruled as “inflammatory rhetoric.” The defense also objected to the term “narcotics delivery system,” but the judge said the lawyers failed to show why that would be improper.

The job is ‘prosecutor,’ not ‘persecutor’

William James BlomquistThe man with the most convictions for child sexual assaults in Kansas will get a new trial because the prosecutor chose to repeatedly point to the man’s homosexuality at trial.

The Kansas Court of Appeals overturned a 78-count conviction against William James Blomquist (pictured left), citing the Anderson County Attorney Fred Campbell with “gross and flagrant misconduct” in repeatedly bringing up homosexuality, because that had nothing to do with the charges against him.

The court ruled “it was unreasonable for the State to assume that a sexual desire for children is among those desires which define a homosexual orientation.”

In other words, straight men can, and do, molest boys. Calling attention to sexual orientation served no purpose but to inflame emotions and prejudice the jury, the court said in its ruling.

Blomquist, 34, will get a new trial on charges of molesting and sodomizing a 12-year-old, mentally retarded boy.