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Kisha Schaberg is led into a courtroom May 15, where she pleaded no contest to a charge of capital murder.

Mother and son avoid death penalty
By David Dinell
Last Updated: May 28, 2015

The fact that Kisha Schaberg and her biological son, Anthony "Tony" Bluml, both pleaded no contest in their capital murder cases is a relief, said Sedgwick County District Attorney Marc Bennett.

"Do I think this is a good thing? Yes. I just don't see a downside to it," Bennett said. "It's final."

Schaberg, 36, and Bluml, 20, were accused of shooting and killing Melissa and Roger Bluml Nov. 15, 2013, outside their rural Valley Center home. It was an attempt to collect on assets that Anthony Bluml believed he could obtain from their estate. He is the adoptive son of the murdered couple. 

Melissa Bluml, 53, died the day after the shootings. Roger Bluml, 48, lived for five more weeks before he died.

Two others are involved in the case, Braden Smith and Andrew Ellington. Both are Valley Center High School classmates of Bluml and are set to go on trial later this year. Smith has worked out a deal in which he would testify against the others — now just Ellington — in exchange for facing lesser charges of second-degree murder.

Along with the capital murder charge, Bennett had filed charges of aggravated robbery against Schaberg and Bluml.

Bennett made it clear that he would seek the death penalty against them — had they chosen to go to trial and were found guilty. That was a fate the mother and son wanted to avoid.

By entering their pleas May 15 in Sedgwick County District Court, the two can't be put to death by the state, but they can be sentenced to life in prison without parole, and in these circumstances, the judges' sentencing discretion is limited, Bennett said.

The speedy end in capital murder cases like this is unusual, he added, but spares everyone a lot of energy, finances and resources as the trial of each defendant had been expected to take about a month.

He added that there is now an "acceptance of responsibility."

Furthermore, the penalty of life without parole is as "profound" as anything available, he said.

Bennett pointed out that even if the death penalty had been imposed after a jury trial, the possibility of it being imposed was low. The last time such a penalty was carried out in Kansas was in the mid-1960s.

A death penalty case would mean close examination from the appellate courts and the reopening of painful wounds for family members, he said. 

"I talked at length with the families," Bennett said of the process. "This puts this to rest for the families."

Family members were present at both hearings. 

They sat quietly with themselves, although the trauma of the proceedings and the emotion of the situation were clearly etched on several of their faces by the time the Bluml proceedings got underway. Some had their heads lowered at times. 

Throughout both hearings, the judges worked to ensure that the pleas were what the two wanted.

Late on the morning of May 15, Schaberg entered the courtroom, escorted by deputies. Her long black hair fell onto a turquoise blouse, which was left untucked over black pants.

She was without makeup and her face was emotionless throughout the court appearance, which lasted about 25 minutes.

Sedgwick County District Court Judge Jeffrey Goering, looking right at Schaberg, repeatedly asked her about the decision.

"That's what you want to do?" he asked Schaberg when informing her that she was waiving her right to a jury trial.

She said it was. The questions kept coming from Goering.

"Do you feel like you have a full understanding of this?"

"Do you understand this?"

"Do you realize no one can force you to do this?"

"Do you have any questions?" 

Throughout it, she answered the judge's questions either "yes, sir, "yes," or "no sir," depending on the nature of the query.

Goering asked her if a signature of a two-page waiver of right form was her signature, and she said it was.

And for the four-page plea agreement, Goering asked Schaberg if a signature of a two-page waiver-of-rights form was her signature, and she said it was.

And for the four-page plea agreement document, Goering again asked her if that was her signature on it, even holding the document up. 

"Yes, sir" was reply from the emotionless Schaberg.

"You are not going to be able to appeal your conviction," he informed her.

Nearing the end of the proceedings, Goering asked her if the decision to plead no contest was her decision alone. 

Another "yes, sir" and the appearance was done.  

Before leaving the courtroom, Schaberg bent over to say a few words to her attorney, Jeffrey Wicks, and then was led out of the courtroom by deputies, although she was not handcuffed as is usually the case. 

She is due back in court June 24 for her sentencing.

A few hours later, Anthony Bluml made his court appearance. Dressed in a green jail jumpsuit, he also entered a no-contest plea, this time it was in front of District Court Judge Ben Burgess. 

Bluml said he understood that he is giving up his right to a jury trial and to an appeal. 

Bluml affirmed to Burgess that he made the decision on his own. However, unlike his mother's flat voice, his had a hint of emotion in it. 

The judge asked Bluml if he needed more time to contemplate the decision and Bluml said he didn't. 

The hearing was originally set to determine whether statements made by Bluml to the state were admissible, but changed to the no-contest plea.  

He will be sentenced June 16. 

Mother and son are in Sedgwick County Jail, each on $2 million bond, as are Smith and Ellington. 

Schaberg and Bluml will remain in that jail until their sentencing and then will be turned over to the Kansas Department of Corrections. Its officials will direct them to their assigned detention center.





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