A judge has dismissed a petition filed by a woman facing a murder charge in Leavenworth.

A judge has dismissed a petition filed by a woman facing a murder charge in Leavenworth.

Barbara M. Frantz, 51, Kansas City, Kansas, filed the petition for a writ of habeas corpus, arguing that her medical needs are not being met at the Leavenworth County Jail.

Frantz is in custody at the jail as she is awaiting trial in Leavenworth County District Court. She is charged with first-degree murder.

She is accused of shooting her estranged husband, Gary, Jan. 27, 2017, in a Leavenworth parking lot.

Frantz testified last month during a hearing on her petition.

District Judge Gunnar Sundby issued a ruling Monday in which he granted a motion to dismiss the petition.

In his written ruling, Sundby stated that Frantz had failed to sustain the burden of proof of “deliberate indifference.”

Sundby said the evidence showed that Frantz had made several requests for medication for generalized or specific pains. But the Leavenworth County Sheriff's Office discovered that Frantz was not taking the medication as provided “and she tends to hoard those medications. This results in a sanction and privilege restrictions” The judge said this may cause a delay in Frantz getting pain relief, but he said this is the fault of the inmate's behavior.

The judge also acknowledged that Frantz noted that she has other ailments. But Sundby said that Frantz admitted in her testimony that she was provided care by nurses and physicians at the jail.

The criminal case against Frantz is proceeding. A pretrial conference is scheduled for April 13. A trial is scheduled for June 25.

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