Two motions filed in homicide case
Photo 
Kyle Hicke
The man accused of fatally shooting his ex-girlfriend in the city's Fourth Ward neighborhood wants his interview with police thrown out at trial.
The attorneys for Kyle E. Hicke, 37, of 108 Forest Lake Drive, Milton, filed a motion to suppress his statements as evidence, claiming they were involuntary.
They also filed a motion for a change of venue, claiming Hicke can't get a fair trial in Rock County because of pretrial publicity.
Hicke is charged in Rock County Court with first-degree intentional homicide, first-degree reckless endangerment, possession of a firearm by a felon and attempting to flee or elude an officer.
He was arrested after the April 22 murder of Erica M. Ostenson, 25, of 412 1/2 S. Academy St., Janesville.
According to the motion to suppress:
A detective told Hicke after his arrest that Ostenson was in "stable" condition, even though the detective knew she was dead. Hicke then gave the detective a statement.
"Mr. Hicke asked several times about her condition, making it clear to (the detective) that his willingness to cooperate was contingent upon the knowledge that Ms. Ostenson was going to survive," the motion states.
Hicke admitted during the police interview that he had smoked a half-ounce of marijuana that morning. He also was in visible pain from injuries sustained in a car accident with police.
Hicke also didn't graduate from high school and was in special education classes for students with learning disabilities.
"His lack of sophistication as a defendant, combined with his mental and physical state at the time of questioning, allowed the police, through the use of deliberate misrepresentation, to overcome his ability to resist their questioning," the motion states.
According to the motion for a change of venue:
The Gazette published 11 articles, blogs or editorials in the newspaper and on www.gazettextra.com within 48 hours of Hicke's arrest. Other radio, television and newspaper outlets also carried stories.
"Simply put, there is a reasonable likelihood that the publicity in Mr. Hicke's case will make it impossible to have a trial in Rock County before an impartial jury," the motion states.
Numerous anonymous comments posted below stories on www.gazettextra.com also were widely disseminated.
"For each angry individual who posts a comment, countless others are reading and digesting them," the motion states. "Often these posts purport to have inside knowledge which would be inadmissible at trial, and which is often false in any event."
The judge is expected to rule on both motions at a future date.
Hicke remains in the Rock County Jail on $1 million cash bond.
If convicted, he faces up to life in prison.
Hicke is scheduled to be in court Nov. 18 for a motion hearing. A trial is scheduled to begin Jan. 11.
Oct 8, 2009 at 2:52 p.m.
Suggest removal
A *half-ounce* of weed? For breakfast? Criminy!
Oct 8, 2009 at 1:16 p.m.
Suggest removal
Yes I agree what difference does it make whether he was in specail classes or not. oh well. What does that have to do with the fact he killed someone.Plain and simple-does Not justify what he did. hmmm- well it says he didnt graduate high school either. hmmm - maybe he needs to go back thru the specail classes and go back to high school- because obviously he missed the part wher they teach you that its not okay to hit or shoot people when your angry- and its not ok to force your will on someone in anyway shape or form-just because you want something one way and the other person doesnt want it- most people get over it and move on. Oh wait they teach you that in kindegarten- how to respect others -not to hit others-manners- ect-ect.Well heck he just plain better start over! I know they have h.s classes in the prision system- but do they have the kindegarten classes ther too for those who need a refresher in how to deal with life situations- because thay start teaching you at age 5 in school obviously mr hicke didnt pay attention in classe from day one.Besides he took someones life-why should he be given the opportunity to breath outside of a jail cell ever?now im not saying an eye for an eye. as i dont want to see him die as its too easy,but my friend was not given the opportunity to live her life period.specail classes or not.It does not excuse the selfish act of taking a life for whatever reason.So thats fine, no death sentence hope he lives a long -long time,behind bars. R.I.P my friend I love you.
Oct 8, 2009 at 12:51 p.m.
Suggest removal
The police can lie to you all that they want that has been upheld time and time again in court. That is why you have a right to an attorney because then the attorney will tell you the truth. If he was read his Miranda rights then it doesn’t matter how much the cops lied the confession should stay. Also once you are read your rights then you are asked if you understand them, if he lacked enough sophistication to not understand is rights then all he had to do was say no instead of yes to the question. I know that this is a typical move by the defense but it still ticks me off. Strike a plea deal and save the tax payers some money.
Oct 8, 2009 at 12:47 p.m.
Suggest removal
I am not doubting he is insane...He would have to be to do what he did to this young woman in front of her child..
However, the FACT that he ran from police shows that he KNEW right from wrong. Or else he would not have ran, because he would have not known he had done anything wrong. The fact that he probably brought the gun to the residence shows premeditation. This demonstrates he had a plan. A plan to murder Erica.
The police are not under any obligation to tell the truth when interviewing a suspect. That makes that point of the suspect's argument irrelevant.
Oct 8, 2009 at 9:53 a.m.
Suggest removal
Noname, I am with you. What difference does it make if he was special needs in school and a drop-out? The Gagette has to add those tidbits all the time that are irrevelant to the case. I hope he fries in Hell also.
Oct 8, 2009 at 9:48 a.m.
Suggest removal
He did it, he admitted to it, so why even have a trial, and he says he cannot get a fair trial. Did this woman have a fair chance? He can rot as far as I am concerned. Why waste the money on a trial, I know everyone is entitled to one however he admitted to killing her. LOCK HIM UP
Oct 8, 2009 at 7:50 a.m.
Suggest removal
He was certainly sophisticated enough to realize if she was in fact dead he should keep his mouth shut and not say anything to the police. "He also was in visible pain from injuries sustained in a car accident with police." Well duh, he was trying to outrun them! Did his lawyer graduate from high school?!?!
Oct 7, 2009 at 8:25 p.m.
Suggest removal
I hope this monster never sees the light of day. When all is said and done he will spend the rest of his days in prison where he belongs.
Oct 7, 2009 at 7:06 p.m.
Suggest removal
I extend my middle digit to Mr Hicke. I assume he is sophisticated enoungh to understand its meaning.
Oct 7, 2009 at 6:47 p.m.
Suggest removal
How many motions does the poor victim get in this case? And wasnt this terrible act witnessed by someone for goodness sake!!! RIP Erica!
Before you post a comment, consider this:
Note: GazetteXtra.com does not condone or review every comment. Read more in our User Policy AgreementPost Comment
Commenting requires registration.