TUCSON, Ariz. (KGUN) — In the first degree murder trial of Christopher Scholtes, the man who is charged with killing his two year old daughter by leaving her in a hot car, the defense attorney hinted at a rare and dangerous tactic: Scholtes may testify in his own defense.
Anyone who testifies in his own defense is taking a risk. He will get more than just friendly questions from his defense attorney. He will get hostile questions from prosecutors designed to demolish any sort of defense.
Scholtes’ defense attorney Marc Adair says he is developing information about other hot car deaths that may mitigate Scholtes’ situation. Adair says he has found only one other case of someone prosecuted for first degree murder when a child died in a hot car.
In Scholtes case, Marana Police say while Parker Scholtes was strapped in her car seat, Christopher Scholtes spent more than three hours drinking, playing video games and watching pornography.
The defense attorney says he wants Scholtes to have a psychiatric exam after hearing family reports that Scholtes may have memory problems. He mentioned the psychiatrist he wants to use is an expert in cases of Guilty Except Insane, which under Arizona Law would confine someone to a psychiatric hospital instead of prison.
He says the child’s mother does not want to see Scholtes stand trial.
“Erika Scholtes is not pushing for the state to prosecute her husband. This family is dealing with the emotional toll and is now going to have to gear up for a trial in this case and I don’t know why the State has had to criminally subpoena Erika and the two children in this case. I don’t think she is being very cooperative with the prosecution.”
Arizona law prevents one spouse from being forced to testify against the other but there are important exceptions: if the defendant is charged with crimes against the other spouse or any of their children.
Scholtes’ defense attorney still wants to try to arrange a plea bargain with the help of new evidence he’s developed. Scholtes has already rejected a previous offer to plead to second degree murder. That would carry ten to 25 years in prison.
Judge Kim Ortiz rejected a defense request to push back the trial date. As of now the case is still on track for trial at the end of next month.
