The 53-year-old spent the holiday season in the Butler County Jail before his bond was modified and his twin brother posted 10 percent of a $1 million bond to set him free to await trial.
He faces 41 felony counts, including corruption of a minor, gross sexual imposition and drug charges.
Last month, Butler County Common Pleas Judge Keith Spaeth severed 12 charges, six of pandering sexually oriented material involving a minor and six of illegal use of a minor in nudity-oriented material from the original 53 charges because defense attorneys Chris Pagan and Michael Shanks said out-of-state work is required to defend the child pornography charges.
Media attention
The case has received sharp media and public attention, and Spaeth has called for a jury pool of 150 people, and selection will be held in a conference room of the Government Services Center to accommodate the crowd.
Shelving units also have been installed in the courtroom to hold the prosecution’s 25 boxes and 170-plus items.
As Mark Blankenburg’s trial date approached, attorneys became more tight-lipped, but on Thursday, Oct. 1, Pagan said, “I think he will be vindicated at the end of the day.”
Scott Blankenburg, who practiced in Fairfield, is facing 22 similar felony charges, with the exception of drug charges. He also is free on bond after 10 percent of a $500,000 bond that was set for him shortly after his indictment.
Butler County Common Pleas Judge Noah Powers granted a motion to continue Scott Blankenburg’s case until April 2010, based on the argument from his defense team, attorneys Jack Garretson and Greg Howard, that they need more time to conduct out-of-state investigative work.
Both men have been ordered to stay away from minors and have agreed not to practice medicine pending the outcome of their cases.
Indictments
Mark Blankenburg was first indicted on 26 felony counts, then again in January on additional sex charges and drug trafficking charges involving three former male patients.
The final round of indictments, including compelling prostitution involving a minor; money laundering; corruption of a minor; bribery; complicity to bribery; gross sexual imposition; and one count of engaging in a pattern of corrupt activity, was handed down by a Butler County grand jury on March 6. The 76-count indictment included the 22 counts against Scott Blankenburg.
Brothers’ cases severed
Prosecutors intended to try the pediatricians together. The defense teams had a different idea.
Hearings before two common pleas judges netted the same result — the original single case was spit, meaning the twins would receive separate trials.
An appeal to the 12th District Court of Appeals by the prosecution did not change the outcome.
In an August hearing for Scott Blankenburg’s case, prosecutors said 2,000 pieces of alleged child pornography were found at the Susan Drive address he shares with his brother. Defense attorneys said they can prove the photographs are of models who are 18 or older, but they said they would not be able to gather the proof in time for trial.
The argument was enough to get Scott Blankenburg’s case postponed to April, but Spaeth denied Mark Blankenburg’s request for a delay, instead severing the child pornography charges.
Evidence
It is unclear whether the alleged child pornography, as well as hundreds of photos of male athletes allegedly shot by the doctors will be part of Mark Blankenburg’s trial.
Prosecutors say that in addition to the photographs, evidence against the brothers includes sexual-oriented videos allegedly shot and narrated by Scott Blankenburg, some depicting Mark Blankenburg.
Defense attorney Chris Pagan said the photos should not be introduced in his client’s trial because they are “irrelevant.”
Accusers to testify
More than 50 witness subpoenas have been issued by the prosecution, including accusers, police officers, pharmacy workers and Hamilton High School athletic officials.
Two of the accusers who will testify are now adults serving prison sentences, and they will be escorted into the courtroom by deputies.
The defense points to the character of the men who have accused Mark Blankenburg and questioned whether their stories could be trusted.
Butler County Prosecutor Robin Piper said people who victimize children often choose those who do not have an ideal support system or family background.
“It’s not unusual for people, especially teens and children who have been victimized, to develop problems later in life,” he said.
Piper, who will not prosecute the case personally, leaving the courtroom work to assistants Lance Salyers and Jason Phillabaum, said the case is interlocking with all the evidence working together to prove the Blankenburgs were involved in an enterprise that facilitated criminal activity.
Scott Blankenburg also was listed as a potential defense witness, according to court records filed in July, but he likely will not take the stand.
“I don’t think there are any current plans to call him,” Garretson said.
While Garretson understands that his client would want to support his brother during his trial, that is unlikely to happen.
“It is best he stay away,” Garretson said. “He has his own trial to be worry about.”
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