Prosecution rests in Schmidt trial

APPLETON - Barbara Wing, mother of Kelly Wing Schmidt, took the witness stand Monday in the trial of Scott Schmidt, a former Appleton firefighter.

Wing, who was shot by Schmidt during the incident, was visibly emotional during the testimony.

"I said, 'Scott, what have you done? Just leave her alone,'" said Wing.

She said she knew she wasn't able to stop Schmidt. She said after he shot his estranged wife in the head, he lit a cigarette and smoked it above Kelly Wing Schmidt's body.

A detective from the Grand Chute Police Department also took the stand during the second day of the trial. The questioning from both sides surrounded four letters Schmidt wrote. Two of the letters were addressed to his children. Two others were not addressed to anyone specific. The prosecution tried to show the letters were written as proof of intent by Schmidt to kill his wife. The defense tried to show the notes were suicide notes.

Prosecutors rested their case Monday afternoon. Defense attorney Greg Petit moved to dismiss the intentional homicide charge, but the motion was denied.

The defense is attempting to prove a lesser charge of reckless homicide for Schmidt, which does not carry a life sentence. The two sides are expected to meet with Judge John Des Jardins after Tuesday's proceedings to decide how the jury can rule on Schmidt. If the prosecution does not include a possible reckless homicide charge, acquittal is an option for the jury.

The trial is expected to last until Wednesday.