WICHITA, Kan. (AP) _ Prosecutors plan to appeal a judge's decision to limit the trial against a Kansas doctor and his wife to four drug overdose deaths rather than the 59 the government has linked to the clinic.
Tuesday's notice of appeal came a day after U.S. District Judge Monti Belot ruled prosecutors could present evidence on only four deaths. The judge said at the time the trial will go on forever to no useful purpose if it includes every death.
In its notice, the U.S. attorney's office contends that the excluded evidence constitutes substantial proof of material facts.
Defense attorneys subsequently filed a motion asking Belot to dismiss the indictment against the Schneiders or that he find the government's appeal frivolous.
(Copyright 2009 by The Associated Press. All Rights Reserved.)