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News » Judge: Schmidt can't use adultery defense

Mar. 3, 2010
A former Appleton firefighter accused of killing his estranged wife will have to change his defense for his pending trial.

Scott Schmidt is scheduled to stand trial, starting Friday, for the murder of Kelly Wing Schmidt.

Outagamie County judge John DesJardins ruled yesterday that Schmidt can't present the defense that he killed Wing Schmidt to prevent her from committing felony adultery.

Schmidt is charged with first-degree intentional homicide for the shooting death of Wing Schmidt at her home in Grand Chute. He's also charged with attempted murder for shooting Wing Schmidt's mother, Barbara Wing.

Schmidt's attorney planned to argue that his client shot them to keep Wing Schmidt from going to Chicago to commit adultery.

Jurors from Portage County will hear the case and jury selection will start tomorrow.
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