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Twin docs’ cases are on hold

An appeals court will consider a prosecution request to join the pediatricians’ trials

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By Lauren Pack, Staff Writer 8:57 PM Wednesday, June 10, 2009

HAMILTON — The cases of Drs. Mark and R. Scott Blankenburg, twin Hamilton-area pediatricians facing multiple felony charges, are on hold pending the outcome of the prosecution’s appeal request.

Scott Blankenburg’s case is scheduled to begin before Butler County Common Pleas Judge Noah Powers on July 6. Mark Blankenburg’s trial is set for Aug. 3 Judge Keith Spaeth. But the judges signed a motion Tuesday afternoon, June 9, staying further procedure in the cases until the appellate court considers the prosecution’s motion to join the cases.

The motions were agreed to by all four defense attorneys representing the doctors, according to Butler County Prosecutor Robin Piper.

Prosecutors filed a motion last week in the appellate court, based in Middletown, to overturn decisions by two Butler County Common Pleas judges who ruled the doctors should receive separate trials.

Ben Manning, appeals court administrator, said the court of appeals must agree to hear the consolidation motion because it is not a final appealable order.

It is unlikely the summer court date will be plausible if the appeals court agrees to hear the motion.

“We are not happy about it,” said attorney Michael Shanks, who is representing Mark Blankenburg. “But knowing the appeals court would likely grant a stay, it is better to know the exact date to prepare the case.”

Shanks said it does not mean the defense team agrees with the appeal to consolidate motion.

Attorney Jack Garretson, who is representing Scott Blankenburg, said while he does not agree the appeal by the prosecution is valid or the court of appeals should accept that appeal, he agreed to sign the stay to “fully devote” efforts to fighting the appeal.

Contact this reporter at (513) 820-2168 or lpack@coxohio.com.

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John, Enough has a point. It's been dragging out for a long time now...on hold....proceed....together.....separate.....just get it done already! Both have a separate trial if the incidents aren't related....together if they were accomplices...It's not rocket science.

Andy
2:26 PM, 6/11/2009

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Enough? So, you would rather hear about other people abusing kids so you're not bored? If you are sick of reading the news, then stop reading the news. What a stupid comment when you think about it!

John
10:38 AM, 6/11/2009

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I wish these cases were over....I'm personally sick of hearing about them!

enoughisenough
10:02 AM, 6/11/2009

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