Judge: Schmidt to be sentenced as scheduled

APPLETON - A judge has decided former Appleton firefighter Scott Schmidt will be sentenced Friday as scheduled.

Schmidt's attorney, Greg Petit, was asking for a new presentence investigation, asking to exclude the report by the Appleton Probation and Parole office.

Schmidt was convicted of first degree intentional homicide and first degree attempted reckless endangerment in March for killing his wife, Kelly Wing-Schmidt, and shooting at his mother-in-law, Barbara Wing.

Petit argued the current presentence report was flawed. He also argued some information in the report was not accurate. The motion he filed stated the presentence report should be done by a parole office in another county and without any lobbying by the Outagamie County District Attorney's office.

"(It was) an attempt to influence the agent's decision making process and to put information into the record that is from clearly one point of view, one side of the equation," said Petit. "That bothers me."

Petit said he did not receive letters the Victim-Witness Office had turned over for the report. Outagamie County District Attorney Carrie Schneider says the office doesn't need to share those letters.

"It's interesting, defense submits letters as part of the presentence report process," said Schneider. "We don't ever see those either. So it's kind of like you know things are going to go to the presentence report agent and you trust they're going to do what they can to sort it out."

Petit declined comment after the hearing.