Lawyers hint at strategy
Photo 
Alan R. Bates
Koepp murder trial
Photo
Triple homicide suspect James C. Koepp listens to testimony during his preliminary hearing in Rock County Court on April 15, 2008.
JANESVILLE — Attorneys selecting jurors for a Rock County triple-murder trial on Monday got a head start on making their cases.
Not only did the lawyers question potential jurors, they also hinted at what’s in store.
Nearly 200 Kenosha County residents appeared for jury duty in Kenosha.
Sixteen were chosen to be bused to Janesville, where they will spend about two weeks at a motel.
The out-of-town jury was requested by the defense, which argued that pre-trial publicity prevented an impartial local jury.
The killings of Danyetta Lentz and her teenage children, Nicole and Scott, in their home just south of Janesville in January 2007 elicited much news coverage.
Rock County Judge Alan Bates on Monday excused jurors for a variety of reasons, including the need to care for children or a sick relative.
One woman said she was home-schooling six children and nursing one of them.
Another was more than 5 months pregnant and said she would have to use the bathroom frequently. A man apparently had suffered severe leg injuries and was taking pain medication. All were valid reasons, Bates ruled.
Nine men and seven women were selected.
As the lawyers questioned the potential jurors, they dropped hints of what is to come and also presented their spins on the trial. Here’s a selection of those comments:
— Deputy District Attorney Perry Folts showed potential jurors photographs of the three victims to make sure, he said, that no one recognized them, even though the jurors had been asked twice before whether they knew the victims. None did.
— Folts said evidence is of two types, direct and circumstantial. For example, he said, direct evidence would include stains on the accused’s pants that included Danyetta Lentz’s blood.
Circumstantial evidence includes Koepp’s flight from police, which, Folts said, “indicates consciousness of guilt.” Circumstantial evidence can be just as strong or stronger than direct evidence, Folts stated, asking jurors if they disagreed. None did.
Assistant Public Defender Murali Jasti also quizzed jurors:
— Koepp is presumed innocent, Jasti said, asking if anyone had a problem with that. None did.
Jasti probed further, asking if anyone believed Koepp was on trial because he must have done something.
“I don’t know what, but for him to sit there, sure,” a woman responded. The woman was not chosen. Several others raised their hands in seeming agreement.
Bates stepped in that point, saying that “doing something” is not why Koepp is on trial, but rather only for the specific charges, three counts of first-degree intentional homicide.
“You’re presumed innocent,” Bates said. “Presume nothing about Mr. Koepp” until all the evidence has been presented.
— Jasti said the defense has not decided whether Koepp will testify, but if he does not, would a juror hold that against him? “If I was on trial for a triple homicide, I would want … to plead for my innocence,” one man responded. He was not chosen.
— Jasti said prosecutors sometimes try to discount defense experts, calling them “hired guns” or “Monday morning quarterbacks.” While people will unfairly judge the actions of a quarterback in a football game, the team has a real need to analyze the game, Jasti said, just as there is a need for analysis of things authorities did while investigating a crime.
Jasti asked the jurors if they agreed that defense experts are not hired guns or Monday-morning quarterbacks. None disagreed.
Bates had this advice to jurors about their fitness for their task: “If you believe, yourself, that you can listen to the evidence fairly, that’s all we can ask from anybody.”
Jan 26, 2010 at 4:50 p.m.
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OkieFed, understand that I believe, as you do, that Koepp committed the murders. My *concern* is that the prosecution will have difficulty making that case iron-clad to a jury. There is no murder weapon, there isn't even any credible evidence of a connection between the defendant and the victim. We have not yet had any DNA evidence presented in court. This is not the slam-dunk of a case that popular opinion would have it.
Jan 26, 2010 at 3:28 p.m.
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To Brittney Lee: They have to let them go. They can't have a prior opinion about the defense either way. That's why they went out of the county. Otherwise the prosecution is risking a mistrial. I agree with you, most people are going to assume that feeing is an admission of guilt in itself. However, they have to go by the book.
Jan 26, 2010 at 2:31 p.m.
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I cant belive they had jurors let go for haveing an oppinon it makes me feel like there trying to convince people hes inocent.I know you should have an oppen mind when on trial but to dismis people for beliving hes there for a reason makes me very upset!This man has done so many wrongs rape drunk driving murder(even if not convicted he will still have that on his plate)why would you even want to relese him back to the public life?
Jan 26, 2010 at 1:27 p.m.
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To OkieFed- I'm glad they took the three years vs the one and a half for the OJ trial... because as I recall, OJ is now a free man. The more time they spend collecting and examining evidence the better chance they'll have to get this right.
I'm so glad to see all of this finally happening. I've seen, all too often, criminals flying under the radar and getting away with things. Yet people wonder why there's such a high rate of re-offenders? People getting probabtion in lieu of jail time, probation is a joke. At least half of the officers aren't following up the way they should. Our justice system as a whole seems to be quite the joke lately. Jails\prisons are too full so they let people out for good behavior, I think that's a sign to build more. Yeah yeah, that'll cost money. But so does a criminal going to court again and again and again when they're allowed to roam the streets bing dirtbag pieces of crap. I haven't seen all of the eveidence so I can't say if Koepp is guilty or not, but if he is lock him up and throw away the key... or better yet, save the taxpayers some money and bring on the death penalty. Eye for an eye, right?!
Jan 26, 2010 at 12:31 p.m.
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The biggest mistake is the destroying of the trailer as in all crime scenes the truth does lay. just my opinion
Jan 26, 2010 at 12:30 p.m.
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The reason for the out of county is he would have never gotten a fair trial WHICH everyone is intitled to. As far as evidence we will not know until it is presented. if you look at the pictures in the articles (the photo galary) you will see jim in them the same day and if you were a convicted felon you would have reason to run in fear. If he did this i hope they nail him to the max with everything they can. This is not as open and shut as some may think and as far as evidence, lets pray it is his and not as in the OJ case . I believe all people have their right to a fair trial and that Justice is served on the guilty.
Jan 26, 2010 at 11:11 a.m.
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Okiefed-I agree. He should never have been let out after he raped those two women while he was incarcerated. What a p.o.s.
Jan 26, 2010 at 10:15 a.m.
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OkieFed, it's not "open and shut" -- it's very circumstantial. There isn't a single witness. It's not even clear what the DNA evidence shows. Personally, I hope the delay has meant they had time to build a really good prosecution strategy (I suspect as many others do that his actions indicate guilt), but I'm concerned it really means they are short of being able to close the loop.
Jan 26, 2010 at 9:51 a.m.
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packerfan1, considering the number of innocent people killed by police, your comment is absurd to say the least. However, running is probable cause.
All that being said, with jurors like you out there why even have a trial?
Jan 26, 2010 at 9:27 a.m.
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I can see why they have to go to Kenosha County to find jurors. With the exception of his attorney, everybody, including me, thinks he's guilty. Innocent people don't run from police.
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