Scott E. Schmidt, charged in fatal shooting of his estranged wife (WI)

Man kills wife, and shoots her mother without killing her April 17, 2009

Original: http://www.thenorthwestern.com/article/20090506/OSH0101/305060089/1987

By Jim Collar • Gannett Wisconsin Media • May 6, 2009

APPLETON — Scott E. Schmidt, charged with shooting his estranged wife to death last month, is trying to block the use of his jail medical records in efforts to determine his competency for trial.

♦ Audio: 911 call reporting Grand Chute shooting (contains graphic language)
♦ Photos: Scott Schmidt makes his initial court appearance
♦ Photos: Shooting in Grand Chute

Schmidt’s attorney, Gregory Petit, is asking for the return of medical records the Outagamie County District Attorney’s Office acquired through a subpoena.

The records are confidential under medical privacy laws unless Schmidt says otherwise, he argued in a motion filed last week.

"The patient has the right to refuse to disclose any physician-patient reports, and absent a release by the patient, no report should be given to any other parties,” Petit wrote.

Schmidt, 38, was charged with counts including first-degree intentional homicide after his April 17 arrest outside Kelly Wing Schmidt’s Grand Chute home.

Wing Schmidt, 39, was shot multiple times in the head and died several hours later at a Neenah hospital. Her mother, Barbara Wing, 66, was shot once and was treated at a hospital and released the same day.

Schmidt is scheduled to appear in court Friday for a hearing on his competency to stand trial.

Petit argued that the defense should have had an opportunity to oppose the subpoena seeking the jail medical records. The motion doesn’t describe what the reports contain.

Deputy Dist. Atty. Melinda Tempelis argued in a separate motion that the reports are vital to determine whether Schmidt is mentally capable of proceeding through a trial.

“The state believes these records should be provided to the doctor conducting the examination so that a complete and thorough evaluation and examination can be performed,” Tempelis wrote.

Jim Collar writes for the Appleton Post-Crescent.