Attorneys argue about defense expert in triple homicide case
Photo
James C. Koepp during his Rock County Court House appearance at a preliminary hearing in the triple homicide.
JANESVILLE — Attorneys in the Janesville triple homicide case are squabbling over the testimony of a DNA expert the defense wants to call at trial.
James Koepp, 50, faces three charges of first-degree intentional homicide in the January 2007 slayings of Danyetta Lentz and her teenage children, Nicole and Scott.
Attorneys appeared in Rock County Court on Wednesday for a hearing in the case.
They argued whether defense attorneys have properly notified the prosecutors of what their DNA expert will say at trial.
State statutes require attorneys on both sides to exchange evidence or testimony they intend to present at trial. Attorneys then have an opportunity to review each other’s cases to prepare.
District Attorney David O’Leary said a report written by a defense expert offers no opinion challenging the state crime lab’s handling of DNA evidence.
He said he couldn’t prepare for trial without knowing what the expert will say about the state’s DNA evidence. He added he has been trying to get the information from defense attorneys for a year, causing a delay in the trial.
O’Leary asked the judge to exclude the defense expert from testifying at trial. If the expert is allowed to testify, he asked that the expert not be allowed to offer an opinion about the state’s DNA evidence.
Koepp’s attorney, Walter Isaacson, said his expert’s report complied with the state statute.
Isaacson said any questions prosecutors have about his expert’s opinion could be asked during trial questioning. He added that it wasn’t fair to exclude his expert witness from testifying.
Judge Alan Bates decided defense attorneys must provide prosecutors with their expert’s opinion regarding the state’s DNA evidence. Then prosecutors can prepare for what the expert will say at trial.
Bates told defense attorneys they must file a new report by Monday, Dec. 14, or their expert will not be allowed to testify.
Meanwhile, jurors in the trial will be selected from Kenosha County, Bates said.
Sixteen jurors, including four alternates, will be selected from a pool of about 100 Kenosha County residents.
Koepp was granted a change of venue because the judge ruled that media exposure made it difficult for Koepp to get a fair trial from local jurors.
Koepp's trial still will be in Rock County.
If convicted, Koepp faces three life sentences.
A hearing is scheduled for Tuesday, Dec. 22, to resolve any final issues related to the defense's DNA expert.
Koepp’s two-week trial is scheduled to begin Jan. 25.
Dec 5, 2009 at 1:21 a.m.
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Hannah,
There's no such thing as a speedy trial. Only the right to have one. The investigation on both sides takes time, then the attorney's have to bicker back and forth; yadda yadda. I can understand it in a murder trial; but I agree THREE years is a bit excessive.
Heck, a drunk driving trial in Rock County can take over a year if the defendant's attorney is good enough at playin the game and getting continuance after continuance. Meanwhile, they're out driving around and probably still drinkin.
Dec 4, 2009 at 11:15 a.m.
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Those poor jurors are going to spend most of their week in Janesville motels, possibly sequestered from news media (no newspapers or TV). I hope the trial doesn't drag on!
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