Jury requests tapes found in basement of doctor accused of sex crimes

Blankenburg jury weighs 16 sex charges, while judge considers 25 drug, bribery, other charges.

Dr. Mark Blankenburg sits with his attorney Chris Pagen in Butler County Common Pleas court, Tuesday Oct. 13, 2009. Blankenburg, 53, faces 41 felony counts, including corruption of a minor, gross sexual imposition and drug charges.

Staff photo by Greg Lynch Dr. Mark Blankenburg sits with his attorney Chris Pagen in Butler County Common Pleas court, Tuesday Oct. 13, 2009. Blankenburg, 53, faces 41 felony counts, including corruption of a minor, gross sexual imposition and drug charges.

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Dr. Mark Blankenburg listens to the prosecution’s closing arguments Thursday, Oct. 15, in his trial involving 25 money and drug-related felony counts to be decided by Butler County Common Pleas Judge Keith Spaeth.

Staff photo by Nick Daggy Dr. Mark Blankenburg listens to the prosecution’s closing arguments Thursday, Oct. 15, in his trial involving 25 money and drug-related felony counts to be decided by Butler County Common Pleas Judge Keith Spaeth.

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Dr. Mark Blankenburg attorneys Chris Pagan and Michael Shanks along with prosecution attorneys Lance Salyers and Jason Phillabaum have a conference in front of Butler County Common Pleas Judge Keith Spaeth, Tuesday, Oct. 13, 2009.

Greg Lynch/Staff photographer Dr. Mark Blankenburg attorneys Chris Pagan and Michael Shanks along with prosecution attorneys Lance Salyers and Jason Phillabaum have a conference in front of Butler County Common Pleas Judge Keith Spaeth, Tuesday, Oct. 13, 2009.

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Photos: Dr. Mark Blankenburg sentenced

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By Lauren Pack, Staff Writer Updated 9:46 AM Friday, October 16, 2009

HAMILTON — The jury in deliberations in the trial of Dr. Mark Blankenburg, Hamilton pediatrician charge with sex crimes involving minor patients, has requested, today, Oct. 16, the equipment to play three video tapes that were part of the evidence submitted by the prosecution.

Defense attorneys Chris Pagan and Michael Shanks objected stating the tapes had not been played in open court and they did not know what was on them.

“We opposed it because the contents of the tapes were not authenticated,” Pagan said. “All evidence has to be played in open court in presence of the defendant.”

Assistant Prosecutor Lance Salyers said the defense team has had months to come to his office and view all the evidence and he noted there was no objection by the defense to the tapes, which were found in the basement of Blankenburg’s home, being introduced as evidence and sent to the jury room.

“We’ll give them the impression that something is amiss,” Salyers said if the jury is not permitted to play the tapes.

Salyers and Assistant Prosecutor Jason Phillabaum, admitted they are not sure what is on the tapes.

Butler County Judge Keith Spaeth said that the tapes were part of a large amount of evidence submitted to the jury as an indication of the wealth of alleged “child erotics” found in Blankenburg’s home.

Spaeth is now researching the issue and said he will make a decision this morning.

The jury began deliberating this morning at 8 a.m. for the second day on charges against a Hamilton pediatrician accused of child sex crimes involving his patients.

Jurors went home about 5 p.m. Thursday, Oct. 15, after eight hours of deliberations.

The jury deciding the fate of Dr. Mark Blankenburg had two questions for Butler County Common Pleas Judge Keith Spaeth and the trial attorneys during the day. The questions were not made public.

Blankenburg, 53, sat in the courtroom Thursday and walked the halls most of the day while awaiting a verdict. He read a James Patterson novel and talked to his family, including his father and sister.

The doctor shrugged and said, “It’s out of my hands,” when asked how he was holding up.

Blankenburg is accused of molesting minor patients and paying them in money and drugs to keep quiet. He faces counts of drug, child sex and money laundering offenses.

Blankenburg last week waived his right to a jury trial on 25 charges related to drugs, money laundering and bribery.

Spaeth will decide the doctor’s fate on those charges, while the jury is weighing the remaining 16 sex charges.

Defense attorneys and prosecutors presented closing arguments for about 90 minutes beginning at 1 p.m. Thursday on the 25 drug-related charges that Spaeth will decide.

Defense attorney Chris Pagan argued his client should be acquitted as an application of law on the charges of bribery, money laundering, trafficking in drugs, corrupting another with drugs and engaging in a pattern of corrupt activity.

Pagan said the charges of bribery and money laundering are tied together and there is no evidence that Blankenburg bribed any of the four accusers to keep them from testifying in a legal proceeding.

“They (the alleged victims) came forward to rationalize their extortive behavior,” and called it bribery, Pagan said.

Assistant Prosecutor Jason Phillabaum said the payments the victims received after the alleged sexual abuse was hush money, and that payment continued into their adult years as a pattern of bribery.

ontact this reporter at (513) 820-2168 or lpack@coxohio.com.

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