Mark Jensen Awaiting Opinion/ Decision From Appellate Court

Mark Jensen

update 12/29/2010
 MARK JENSEN LOSES APPEAL


ORIGINAL REPORT:
Mark Jensen filed to appeal  his  first-degree murder conviction back in June 2008 but the appeal wasn't opened until April 2009. This week the appeal has finally been assigned to a three Judge panel with the Wisconsin Court of Appeals, District 2. On June 24, 2010 all briefs were submitted and the case is now pending an opinion/decision.

Julie Jensen

 Jensen was convicted of first- degree murder in February 2008 for the Ethylene Glycol (antifreeze) poisoning of his wife Julie in December 1998. The case took 10 years to come to trial because of evidentiary issues, including a letter written by Julie several weeks before her death.

Julie gave the letter to a neighbor with instruction the letter was to be given to police in the event of her death. The letter detailed her suspicions that Mark may have been planning to kill her.This case has become widely known as "The case of the letter from the grave."

At the end of the murder trial Circuit Judge Bruce Schroeder  ruled the letter was Julie's Dying Declaration. The WI Supreme Court had already ruled the letter was admissible under the "Forfeiture of Wrong Doing Clause" if Judge Schroeder, after conducting a forfeiture hearing,  found by a preponderance of evidence that it was likely Mark had killed Julie to keep her from testifying. With that ruling Mark forfeited his right to confront his accuser. Special Prosecutor Robert Jambois said in 2009 that he won't be surprised if this case makes it to the US Supreme Court because of the constitutional issues involved.

Katfish...ponders doesn't know how long it will take for an opinion/decision to be reached but I'll continue to keep a close eye on the case. Both parties have requested they be allowed oral arguments,  I assume that will be considered and hope it is allowed. There is a mountain of evidence to be considered in this case, so it may take some time. Mark Jensen was sentenced to life in prison with no chance for parole and is serving his sentence at the Dodge Correctional Institution in Waupun, WI.

Click here to see earlier coverage at Katfish...ponders of this case and the appeal of the conviction. Throughout these entries are links to various legal documents, Julie's letter and the WI Court of Appeals website and media coverage. Here is a link to a site constructed by Julie Jensen's brothers in her memory. oursisterjulie.com It is a lovely tribute and a great one-stop place to learn about this case..

A final note, many have asked where Mark and Julie's son's are and about Mark's marriage to Kelly (LeBonte) Jensen.( Mark's mistress at the time of Julie's death and wife soon after.) On the memorial website Julie's brothers have a time line where they note that in April 2008, Kelly Jensen was named as legal guardian of Mark & Julie’s youngest son. (The older son is of legal age.) Julie’s brother was  granted co-guardian of his estate to insure money is properly set up for his future. In May 2009, Kelly filed for divorce from Mark. There are links to some of the legal documents about the divorce in the older entries here at Katfish....ponders. Sphere: Related Content

Appeal Pending for Mark Jensen In Murder Conviction-UPDATED 5/14

update 5/14-
There has been a little more activity in the Jensen appeal. I am just bumping this post up and will include the activity here:

5/4- Decision made for no action on Delinquincy Motion submitted 4/30.

5/13- Court received Record due 5/18. Case Maintenance- now in briefing

5/14- Attorney change for state, Gregory M. Weber- off,
Marguerite M.Moeller-on, Robert D. Zapf remains.

6/22- Brief and Appx of Appellant due date.

original entry-4/30
Mark Jensen is a Kenosha WI. man who sits in jail, facing life in prison with no chance for parole. Jensen, 48 was found guilty on February 21, 2008 for the 1998 poisoning death of his wife Julie Jensen, 40. Prosecutors alleged that Jensen was having an affair and poisoned his wife so he could be free of her. The defense says Julie Jensen was despondent about the affair, killed herself and tried to frame her husband. Jensen's case has come to be known as The Case of the Letter from the Grave .

A few weeks before her death, Julie Jensen had given a neighbor a letter pointing an accusing finger at her husband should anything happen to her. She also made foreboding comments to police and to her son's teacher, saying she suspected that her husband was trying to kill her. The letter, read aloud in court, said in part: "I pray I'm wrong + nothing happens ... but I am suspicious of Mark's suspicious behaviors + fear for my early demise," the letter says. " Click here to read the letter.

After years of legal wrangling, the admission of this letter was made possible when the Wisconsin Supreme Court (WSC) ruled such previously inadmissible testimony could be used if a judge determined the defendants' actions prevented the witnesses from testifying. The WSC based its decision on the "doctrine of forfeiture by wrongdoing." Essentially, it said that Mark Jensen forfeited his Constitutional right to face his accuser, because his alleged actions (murdering his wife) made it impossible for her to appear in court. Judge Schroeder decided it was reasonable to believe that Mark Jensen's actions prevented his wife from testifying.

Below the current appeal information (enclosed by red astericks) is more information about the basis for this appeal.

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A motion for appeal of Mark Jensen's murder conviction has been entered with the Wisconsin Court of Appeal on April 6. The motion is pending submission of the Statement on Transcript and the Record. Click on these links to read the actual Case Details and the Appeal History on this case at the Wisconsin Supreme Court and Court of Appeals Access website.

I will provide a short summary here and a few definitions that this blogger had to look up. ( I have no legal training, just an immense interest. )

Summary of current activity:

The Statement on Transcript (SRT) was due on April 20, 2009.
A Delinquency Motion was submitted on April 30, 2009 by the Unassigned District 2 for the SRT that was due on April 20, 2009.

A motion was Filed/ Granted to extend the submission of NAP/PCM to May 9, 2009.

The anticipated due date for the Record is May 18, 2009.

Definitions:

Record-
All the papers filed with the circuit court including the decision of the circuit court judge. The record is sent to the Court of Appeals after an appeal has been initiated.

Statement on Transcript (SRT)-
A statement filed by an appellant or cross appellant notifying the court of the transcripts ordered for the appeal.

I could not find definitions for NAP/PCM. Here is a link to a glossary at the WSCCA site for more definitions. The glossary is towards the bottom of the page.

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In June of 2008 there was a Supreme Court ruling, Giles vs. California, that may enable Mark Jensen to have his conviction thrown out.

This ruling does not guarantee Mark Jensen’s freedom, or even a new trial. The judge in his case ruled that Julie’s letter and statements were a Dying Declaration, evidence of her state of mind at the time of her death. The state appeals court is reviewing that. If they rule the statements were a Dying Declaration, the Supreme Court decision will not apply and Mark will remain in prison. Otherwise, he might become a free man.

Memorandum of Dying Declaration- this memorandum written by Circuit Judge Bruce Schroeder to further explain his decision to admit Julie Jensen's letter as her Dying Declaration.

Katfishponders has done several entries on Mark Jensens case, you can find them here .
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