Wichita ? Prosecutors are asking an appellate court to overrule a federal judge and allow them to present evidence linking a Kansas clinic to all 59 overdose deaths mentioned in an indictment against a doctor and his wife, rather than limiting the case to just four deaths.

A three-judge panel of the 10th Circuit Court of Appeals in Denver will hear arguments today in the case of Dr. Stephen Schneider and his wife, Linda. The Haysville couple was arrested in December 2007 after a grand jury returned a 34-count indictment alleging they wrongfully prescribed drugs and overbilled for medical services.

The indictment alleges the couple’s actions resulted in numerous overdoses, including 21 deaths specifically charged in four of the counts. Prosecutors also claim an additional 38 patients of the clinic died from overdoses.

In his January ruling, U.S. District Judge Monti Belot did not question the validity of the evidence. Instead, he questioned the need to present that much information and said doing so would just confuse the jury. He also said the trial would go on forever with no useful purpose if every death were included.

The Schneiders contend they are innocent and that the federal government is improperly interfering in the doctor-patient relationship.

In their appeal, prosecutors argued that the judge exceeded his authority by amending an indictment that had been returned by a grand jury.