Evidence of 'swinger' lifestyle to be allowed at murder trial

During Tonch Weldon's first-degree murder trial, which is set to start Tuesday, defense attorneys will be allowed to tell jurors about their client's “swinger” lifestyle with his wife and the woman he's accused of killing.

Prosecutors told a judge last week that the sexual history of Amy Gephart, the woman who Weldon allegedly shot and killed on June 7, 2009, is not relevant to the case and would be presented by the defense only to tarnish her reputation. Weldon's defense attorneys argued such evidence is relevant as it shows Weldon, his wife Amanda Weldon, and Gephart engaged in “consensual sexual relations” without any jealousy or animosity.

Judge Douglas Russell, in a ruling made public this afternoon, said details about sexual history “might be relevant to elements of murder in the first” and should be allowed during the trial.

Russell also ruled that an outside expert the defense planned to call to testify about how alcohol might have affected Weldon's state of mind at the time of the alleged shooting will not be allowed to take the stand.

Although he is a well-respected and experienced forensic toxicologist, according to Russell's ruling, the alleged events are “not within his area of expertise,” and he should not be allowed to testify.

Weldon, 38, is accused of fatally shooting Gephart, 35, with a 20-gauge shotgun before turning the weapon on himself in his home, three miles north of Marengo, three years ago. Gephart was living with Weldon and his wife and two children at the time.

Weldon's trial in Iowa County District Court is scheduled to start Tuesday with jury selection and could continue for up to two weeks.