Nicholas Sheley Defense Asks For Special Prosecutor

WGIL Radio in Galesburg, IL reports that the defense for Nicholas Sheley filed a motion on Monday, July 12 to have a special prosecutor appointed in his capital murder trial. I haven't seen the motion yet, so I'll supply the article from WGIL.com Their article will appear in black italics in this post and my analysis and opinions of the case will appear in regular type.

The local attorneys for accused spree killer Nicholas Sheley say a recent order in their favor makes it necessary for a special prosecutor to be appointed in the case.

Documents were filed Monday in Knox County Circuit Court by defense attorney Jeremy Karlin asking for the special prosecutor.

Karlin cites an order signed last month by Judge James Stewart that allows the defense to seek certain testing or services on an "ex parte" basis -- meaning, without prosecutors being present -- and also allows the Department of Corrections to transport Sheley for that testing without telling prosecutors.

On April 1, 2010, Judge James Stewart issued an order directing the Illinois Department of Corrections to transport defendant Nicholas T. Sheley for certain testing. The DOC filed an emergency motion  for leave to file a petition for an original writ of mandamus.The motion was denied and the order was entered by the court.

The IL Department of Corrections (IL DOC) then filed an emergency motion with the IL Supreme Court for a supervisory order. The motion was allowed. The Supreme Court wrote in it's order, " In the exercise of this Court's supervisory authority, the Circuit Court of Knox County is directed to vacate its order of April 1, 2010, directing the Illinois Department of Corrections to transport defendant Nicholas T. Sheley for certain testing. The circuit court is directed to conduct a hearing at which the Illinois Department of Corrections may be heard on the subjects of safety and expense, and may suggest alternative orders."

That hearing was held on June 18 and the court, again, ordered the DOC to transport the defendant for the required testing. Stewart told the defense whenever they need an ex parte hearing they should notify the prosecution of the hearing so they are aware, but the order allows Sheley to be tested and transported without the knowledge of the prosecution.

I wrote an entry on the June 18 hearing when
Judge James Stewart upheld this order titled 
"The Nicholas Sheley Case, 
It's A Long And Winding Road To Justice".

But Karlin claims while the order means his side doesn't have to disclose parts of their case prematurely, the filing says "A party to these orders has failed to comply with the terms of these orders."

Karlin doesn't specify in the filing who's at fault -- just that a special prosecutor is needed to help enforce ex parte matters in the future.

Because of the position the IL DOC has taken regarding this transport, Katfish...ponders feels comfortable speculating that the DOC in some way notified the state of a transport. They may have notified another agency within the executive branch of a transport feeling they would still be in compliance but the state was notified ??? I just don't see the State's Attorney or Illinois Attorney General's office failing to comply with the judge's order, besides, how would they know unless it came from the DOC?

But he's now also asking the judge to dismiss the entire 17 count indictment against Sheley, accusing him of bludgeoning to death 65-year old Ronald Randall among other things over two-years ago now -- part of a suspected two-state killing spree, and to strike a notice of intent to seek the death penalty.

We can consider these latest motions as 
just another curve in that road to justice.

This isn't the first time Sheley's defense has made a motion to dismiss the 17 count indictment or to have the option to seek the death penalty removed. Those motions were previously denied in 2009. It's not clear without having seen this latest motion to dismiss and strike if they are being presented as sanctions for failure to comply with the court's order or just a continuing attempt to provide Nicholas Sheley with a vigorous defense. I tend to think it's the latter.

The Illinois Attorney General's office has aided the Knox County State's Attorney in trying the case, but Karlin says appointing a special prosecutor means Sheley's right to a fair trial will be maintained.
 

Again, this is just my opinion based on what little I know and have speculated about these recent developments.....If the DOC feels they must notify someone about these transports for safety reasons, maybe it is appropriate to appoint a special prosecutor or special master to oversee these exparte matters.

Sheley is currently serving a prison sentence for starting a fight with employees of the Knox County Jail last year. It's not known when this new motion will be heard. 

Katfish...ponders has learned there are hearings scheduled for July 29 and July 30, both at 1:45 p.m. to hear these motions.

In the meantime, several media outlets including WGIL have until Monday to respond to yet another subpoena in the case asking for documentation of their coverage of the case.

The defense filed a motion for a change of venue earlier in the case and have conducted phone polls in Knox County to support their motion. That motion was argued by both sides in November 2009 and Judge Stewart denied the motion calling it premature; however, he did not preclude the defense from renewing the motion pre-trial. The defense must be keeping up-to-date on the coverage in preparation to renew the motion. 

When denying the defense motion for change of venue in November 2009, Judge Stewart said, "Knox County has an interest in this case being tried in the county in which the alleged crime is said to have been committed." 

Any readers who are fellow trial watchers know that in some states the remedy the courts have used to avoid the expense and inconvenience of moving an entire trial, yet protect  right to a fair trial of the accused, is to bring a jury in from another county within the district. Perhaps in this day and age of 24/7 media coverage more states should consider this option. Off the top of my head I know of recent cases in Tennessee and Florida that have successfully done this......I haven't researched it but I know there are other states that do the same.

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A Really Good Reason Not To Break The Law In Las Vegas

After a lawyer due to defend a man against a kidnapping charge showed up to court 90 minutes late in the company of a young woman wearing a black halter top and tight pants and smelling of booze, a Clark County District Court judge ordered the attorney to take a Breathalyzer test in open court, then declared a mistrial when the test confirmed her suspicions.

Joseph Caramagno

Caramagno denied being drunk in an interview a few days later. He said he was in a car accident on the way to court and suffered a concussion, causing him to appear intoxicated when he was not. He said police were not called to the fender bender, so there was no record of it. "I wasn't drunk," he said. "I was ready to go forward." "I've always considered myself the consummate professional," he said. "I take all my cases very personally."

Watch these videos and you be the judge. I don't know how those people in that courtroom kept a straight face.

District Judge Michelle Leavitt did not order Caramagno into custody on a contempt of court finding; however, The LATimes reported that Wayne Blevins, executive director of the Nevada State Bar told a reporter that Joe Caramagno was representing as many as 100 cases when that incident happened. Shortly after the incident, Blevins said Caramagno "is presently in a rehab center and his current cases have been assigned to some attorneys here in Nevada and those attorneys have volunteered their time and effort to accommodate the cases as a service to the Bar."

Caramagno is well known in Las Vegas legal circles because he was one of the lawyers who helped secure the acquittal of Rick Tabish on a murder charge in 2004. Tabish and his lover, Sandy Murphy, were acquitted of charges of killing Las Vegas gaming mogul Ted Binion. They were convicted, however, of charges stemming from the theft of Binion's silver.

Even though these videos are hilarious the situation is sad. Hopefully he has got his life together so he could return to his practice.

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Joshua Sheley Has 6 Hour Standoff With Police- Updated x 3

Third Update 7/22- attorney change and another continuance at bottom

Second Update 7/17- preliminary hearing details, below 1st update at bottom.

Updated 7/10 - Joshua Sheley appeared in court on 7/07, details at bottom.

Whiteside County Emergency Response Team members escort Joshua J. Sheley, 32, into a police car at 7:15 p.m. (David Rauch/drauch@svnmail.com)

It has been brought to my attention that Joshua Sheley has been arrested again in Whiteside County, IL.

Joshua Sheley 32, of Sterling, IL was arrested on some outstanding warrants that were issued in Whiteside County on May 21, 2010. I'll get into more about the warrants and the current charges pending against Sheley in a minute.

First, I want to discuss how he and another man, Matthew Simmons, 25 were both apprehended at about 7:15 pm on Monday, July 5, while LE was searching for an attempted robbery suspect. Simmons was arrested on an outstanding Whiteside County warrant for probation violation. 

At about 12:25 pm on Monday, July 5 an attempted robbery at a local Citgo station was reported to the  Sterling police. The QC Times reports that a canine unit used during the search led police to Sheley's home at 905 2nd Ave, Sterling. Shortly after 12:30 pm on the 5th, Sterling police began knocking at the door of Josh Sheley's home, looking for him and one other possible suspect.Police say they talked with a woman with two children. She told officers no one was home, but officers could still hear someone inside. Police then obtained a search warrant and brought in the SWAT team as backup, unaware if the suspects had a gun.

Witnesses tell WQAD News 8 the police with high powered riffles surrounded the area for a block and a half. For the next four hours, police tried to communicate with Sheley and Simmons without any change. Officer eventually shot 20 to 30 rounds of tear gas through windows. Finally around 7:30pm Monday night, the SWAT team entered the house and found both men hiding huddled in a closet. Sheley and Simmons were arrested about seven hours after police first knocked on the door.

The investigation into the attempted armed robbery at the Citgo station continues. Authorities said at this point Josh Sheley does not fit the description of the suspect. So far there is no official word if Simmons fits the description; however, I did see a comment by someone who used the hat-name ignorrance and identified herself as Simmon's sister over on Topix . Part of her comment said, "matthew doesnt fit the description of the attempted robber at citgo, he is BLACK obviously the man was white or they wouldnt have even considered josh a suspect so matthew is totally out of that now when it comes to probation violation okay ignorrance on his part." (c&p as written)

I saw a news clip of the security video of the attempted robbery and the subject appeared completely covered to me, even his face. Identification will likely depend more on height, weight, and clothing....maybe voice. Even if neither man ends up charged for the robbery, it isn't clear whether there will be any charges related to the stand-off.

For those of you not familiar with Joshua Sheley, he is the older brother of Nicholas Sheley, 30,  who is charged with the deaths of 8 people  in connection with a week-long killing spree in June 2008. Katfish ...ponders has reported extensively on the murder and assault cases involving Sheley in Knox County.
Click here to see previous Nicholas Sheley related entries ( newest to oldest dating back to August 2008 ).
Nicholas S. is serving a seven-year sentence in the Pontiac State prison  for an assault he was convicted of committing against the staff of the Knox County Jail, where he was being held following his arrest in July 2008. Nicholas Sheley is expected to stand trial in Knox County sometime between February and May of 2011 for the murder of Ronald Randall,65, Galesburg, IL. If convicted he may face the death penalty.

Josh Sheley was charged with concealment of a homicide and obstruction of justice in connection with the first of the murders his brother Nicholas is charged with committing, that of Russell Reed, 93, of rural Sterling. Two other people were also charged for concealing Reed's death, the charges were dropped for one person and the other, Eric A. Smith, 30, of Rock Falls, was sentenced to 6 years in prison for hiding a gun and ammunition police say was stolen by his cousin, Nicholas Sheley, in late June 2008. Smith, pleaded guilty to one count of possession of a firearm by a felon in December 2009 and for testifying against his cousin, Joshua Sheley, a couple charges were dropped.

Josh Sheley spent from July 2008 until December 2009 awaiting trial in Whiteside County jail, before he was acquitted on both charges of assisting his brother Nick to cover up Russell Reed's murder by Whiteside County Circuit Judge John Hauptman, after a three-day bench trial

Hauptman stated in his controversial ruling that prosecutors proved that Joshua Sheley’s brother, Nicholas Sheley, played at least some part in the June 2008 killing of 93-year-old Reed. They also proved Joshua Sheley likely had knowledge of it, he said. But the judge said the state had not proved that Joshua Sheley took any action to cover up the crime. As frustrating as that verdict was for so many, if Joshua Sheley did indeed take action to cover-up Reed's murder, he can't be tried on those charges again, so it's left up to Karma and God to deal with him for that now. Of course, if Josh Sheley didn't take action to help his brother Nick, he shouldn't be crucified for his brother's sins either. Having said that, it appears that Joshua, like his brother, has temper and impulse control issues that can cause a lot of trouble; so it's not surprising that he has landed in jail again.

When the Sheley brothers  were arrested in July 2008, Joshua Sheley had only been out of prison for a couple months. He has managed to stay out of jail the last six months , but that doesn't mean he hasn't been (allegedly) misbehaving. The outstanding warrants he was just arrested on are 2 counts of aggravated fleeing or eluding a police officer. They are both class 3 felonies. I think the bond is $100,000.....so he needs $10,000 to bail out.
On March 19 this year Josh Sheley was ticketed for transportation or possession of alcoholic liquor in a motor vehicle. He pled guilty and was fined on April 29, 2010.  Evidently police saw Sheley driving on May 20 with a revoked drivers license, when they attempted to stop him he fled. The warrants were issued the next day, but it seems he wasn't caught until July 6 after the 6+ hour stand off. I have seen it reported in the media that the $100,000 warrant was for failure to appear for a felony, but the Whiteside County website shows the warrant being 2 counts of aggravated fleeing. ????. I  will try to find out more of the specifics.
If convicted as charged a class 3 felony is punishable by Up to a $25,000 Fine and/or 2 to 5 Years in prison for each count. My guess is some of this could end up reduced, but we still don't know if there will be charges for the stand off or attempted robbery. I wouldn't rule out either one just yet.

Sterling police are asking that anyone with information about the attempted robbery contact the Sterling Police Department at 815-632-6640 or Whiteside County Crimestoppers at 815-625-7867.

Update- 7/10

07/07/2010
Defendant in court. Advised of rights & bond. Public Defender appointed. Preliminary hearing scheduled for 7/15/10 at 1 p.m. CMP

07/08/2010 Appearance by Public Defender filed. Speedy Trial Demand filed. 2nd Update- 7/17 07/15/2010- Preliminary hearing- Judge Michael R. Albert Defendant in custody assigned Public Defender (PD) Fagerman. People represented by Assistant States Attorney (ASA) Brozovich. On Defendants motion, without objection by the state, case continued for preliminary hearing 7/22/10 at 1:00 p.m.before Judge Stanley B. Steines 3rd Update- 7/22 07/21/2010  Appearance, Consent and Substitution of Attorney filed by Attorney Jan Buttron. Statement in Support of Rule 18 fees filed. Motion to Continue filed. Notice of Filing filed. 07/22/2010  Defendant in custody appeared with Attorney Jan Buttron. People represented by ASA Costello. On Defendant's motion, preliminary (again) continued to 8/19/10 at 1 p.m. before Judge Michael R.Albert  Quad City Times

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John Mellencamp- "Little Pink Houses" Happy 4th of July America!

Happy 4th of July weekend....be safe and celebrate this wonderful country we have the privilege of living in!

This song fits perfect with this Slide Show !!!! The United States is a beautiful place, with many attractions!!!!!! Here you see America's Landmarks, Cities, small towns, and everything else in between that makes up what the United States is today!!!! ENJOY!!!!!!

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Stacey Barker Murder Trial Now Set To Begin Late September

At the end of September in Lancaster, CA, the scorching temperatures and wicked winds of the high desert should be morphing into pleasantly warm and breezy days; however, things may be heating up in the Michael Antonovich Antelope Valley Courthouse.

In a hearing held at the Lancaster courthouse on June 28 Superior Court Judge Hayden Zackey has again changed the date for the murder trial of Stacey Barker to now start on Monday, September 20, 2010.

Stacey Barker mugshot

Emma on her  first and only birthday

Barker is a 25 year old Lancaster, California woman accused of smothering her 18 month old daughter, Emma Leigh Barker, before dumping her body in tall grass at the side of a freeway on March 18, 2008.

Our friends, Tori, ANurse and  Ange have again taken time out of their day to attend the hearing and share the details with us. ~ thanks again ladies ~  Tori said the hearing was late getting underway. For almost an hour it seemed as though Deputy District Attorney Kelly Cromer and Public Defender Roberto Dager were playing cat and mouse, every time DDA Cromer came in the courtroom, PD Dager had just left and so she would leave to do something and he would walk in. LOL! Of course they weren't playing games, there were 3 inmate buses at the courthouse today and they have to search each one every time all the inmates get off so this took a while.

 Judge Zackey didn't seem to feel well today, he may have allergies, he's blowing his nose, holding his head and seems in a bit of a mood.....hope he feels better soon, he's a good guy. The attorneys finally settled in and defendant Stacey Barker is brought in. Barker seems subdued again today (Tori used the term lackluster) yet she has her hair up in a braid , it looks like someone helped her with it, it's very neat.

As soon as court is under way, Cromer hands Dager a disc. She says there's a wire tap conversation on the disc ( it isn't clear whose line was tapped) there are also taped phone calls  the defendant made and (most interesting IMO) are letters she has exchanged with an inmate Sutton. Judge Zackey asks, "Is that the Erin Sutton who was in my courtroom?" Cromer, Dager and another attorney (unidentified) all respond, " Yes it is your honor." Judge Zackey looks puzzled and maybe a bit shocked when he finds out it was the same guy. (Evidently he didn't make the connection at the last hearing when this was mentioned.)

Our friends actually made the connection  at the last hearing, but I didn't include the following in that post because we didn't know his first name so we weren't positive it was the inmate Sutton who had been in Zackey's court before.  Judge Zackey wasn't the only one surprised to learn that the inmate Barker has been corresponding with was someone we have talked about before. He has no relationship to this case (before now) but was in court the same day as Stacey back in September 2009. Our friends TD and Anurse nicknamed him "Devil Dude" when they saw him back then, here is how they described him at that time:

Devil dude was a very creepy guy covered in tattoos ( I love tattoos) but they were all over his bald head, on his face all over his hands and arms, he had a very evil look to him, his eyes were seriously creepy...He was brought in to the courtroom and we were all asked to clear the room...He was all shackled up, he had the handcuffs, the chain around his waist, and the bracelets around his ankles...There were I think like 3 or 4 guards in the room....I don’t know what he did, but as we were allowed back in the courtroom, he looked at everyone in the eyes, like he was getting a image of us in his head...He was just creepy, we all had shivers when he looked at us...

Erin Sutton's MySpace profile picture

It turns out they weren't too far off with the nickname. On his MySpace page , he goes by the name "Vampire". 
I want to go on record saying that you can't always judge a book by it's cover and we don't know exactly what this guy did; however, he makes mention on his MS that he was arrested and is facing life in prison because of something he "allegedly" did to a guy he took guitar lessons from, after he found out the guy was a convicted sex offender and this guy had been trying to get Vampire to allow him to give Vampire's 12 year old daughter "private lessons". He claims he is falsely accused.....but that's a story for another day. 
 Update: After further investigation we find that Sutton is in jail for felony robbery with a $2 million bail. Perhaps a third strike felony?The RSO "Vampire" mentions on his MySpace is still living in Lancaster and is listed on the Megan's law website as a child molester.

The bigger question is, how did Stacey Barker meet him and why did she choose this guy for a friend? Our guess is she met him on the bus ride to court, it's 90 miles each way. We know of at least twice that they were in court on the same day. Some think it's a protection thing. She may think other inmates won't mess with her if they are friends. I tend to think they are commiserating with each other because they are both "falsely accused and can relate", who knows??? It seems something from their communications will be used in the trial anyway. We'll see......

Ok, back to the hearing....Judge Zackey says he has spoken with both parties and everything is complete in the discovery process. He learned from Cormer and Dager that  both they and some of the witnesses and investigators have commitments near the proposed July 26 trial date, so that date will now be a pre-trial hearing.The trial will be the week of September 24. Monday the 20th will start the trial.(We're not sure if that is when jury selection starts, we'll know more after July 26.)

Zackey was very clear that there will be no more delays. Zackey addressed the lawyers," You both want it to stay in this court right? " They both said, "yes".  He said, "Alright then, there will be NO more delays unless I am in a trial, then you both agree to wait until I am finished to start the trial...the only delays will be from ME, agree?" They both said," Yes" and that was it the hearing was over. Sphere: Related Content

Two Years Gone, But Not Forgotten

This post is in memory of eight people, ranging in age from two to ninety-three years old, who were killed two years ago this week. When these people died they were going about their everyday lives, they weren't committing crimes or engaging in risky behavior, they just happened to be in the wrong place at the wrong time. This could have just as easily been you or me, or someone we love.

All eight were killed in an alleged week-long killing spree that spanned Illinois and Missouri. One person has been charged for all of their deaths, but this post is not about him. When these cases go to trial, as is often the case in our legal system, the eight people will be memorialized as victims. I want to share a little bit about who each of  these people were when  they were living, the way they should be remembered.

I found most of the information for this post at a website for The Major Case Squad of Greater St. Louis although this story was originally published in the St. Louis Post Dispatch (online edition), on July 04, 2008. I listed the people in the order (by day) that they are believed to have been killed, even though all but Mr. Reed were found on the same day.

Russell Reed
Found June 26, Sterling

Nearly every morning, 93-year-old Russell Reed drove his Buick 10 miles from his farm outside Sterling, Ill., to the town hangout, the Red Apple Restaurant. He always sat in the same booth, between the cash register and the pie safe. :)

Reed farmed and lived on the same land for 70 years, and he and his wife Evelyn reared two sons, Lyle and Donnie.

Reed liked the outdoors and gardening. He didn’t bother to use the few working locks on his century-old farmhouse. “It wasn’t important to him,” Donnie said. “At his age, with his mentality, why would you have to?”
 

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Ronald Randall
Found June 30, Galesburg

Ronald Randall, 65, known as “Ronnie,” worked at the Maytag refrigerator plant for nearly 31 years before retiring in 2004, when the plant was closed. He has one daughter, Cari and three sisters.

 He loved the Dallas Cowboys and enjoyed playing paintball. 

Randall was known for decorating his yard  with lighthouses. Shortly before his death, he told friend Connie Clague of bigger plans.“He found a carpenter who was going to build a 6-foot lighthouse for his front yard,” Clague told the Galesburg Register-Mail.

“He was just a wonderful person,” Clague said.

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Brock Branson
Found June 30, Rock Falls

Brock Branson, 29, loved life on the road. He had been a trucker for five years, running routes between Illinois and California, said his mother, Connie Branson.

“He didn’t want to feel tied down to a job,” she said. “It was kind of a freedom thing.”

At a Utah truck stop, he met a cashier named Kilynna Blake. He moved to Utah to be with her and her toddler son, Dayan. In April, they moved to Rock Falls, Ill., to be closer to Branson’s family and
his daughter, 10.

They rented an apartment and talked about marriage. Branson took a job as a roofer to have more time with Kilynna and Dayan. 

“He was really getting it together,” his mother said. “We were really proud of him.”

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Kilynna and Dayan Blake

Found June 30, Rock Falls

Kilynna Blake, 20 - Ki to her friends -  was the life of the party, said her sister, Gleniecia Lewis.

Kilynna gave birth to her son Dayan, at age 18. She had to quickly adjust to being a single mom but managed it with grace, Lewis said: “We all knew she was going to be able to handle it herself.”

When she met Branson at a southern Utah truck stop, Lewis was skeptical of her sister’s new beau. But Branson won her over. “He was just a sweet guy. He was different than anyone else,” Lewis said. “I could tell they were going to be good for each other.”

Dayan Blake, son of Kilynna Blake,  celebrated his second birthday in his new home in Rock Falls shortly before his death. He was growing closer to his mom’s boyfriend and had recently started calling Branson “Dad,” said Branson’s mother.

“He was a happy boy,” said his aunt, Gleniecia Lewis. “He was always running around, wanting to do this, this and this all at the same time.”

Daniel Jones, Dayan’s father, told The Salt Lake Tribune his son’s death, “has left me in a daze.”
 

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no photo available

Kenneth Ulve
Found June 30, Rock Falls

Kenneth Ulve, 25, grew up in Milledgville, Ill., about 20 minutes from the apartment where he was killed.

Described as “the kind of kid who kept to himself,” Ulve continued his family’s carpentry tradition, said his uncle, Rick Ulve.

Ulve enjoyed spending time with his toddler son.

A roofer, Ulve was living temporarily with Branson and Blake. He was days away from moving to a new place, his uncle said.

“He was just a nice kid who was in the wrong place at the wrong time,” Rick Ulve said.

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Tom and Jill Estes
Found June 30

Tom and Jill Estes, both 54, married 35 years ago in St. Louis. They have family in the St. Louis area, but built a happy life in Sherwood, Ark., a suburb of Little Rock.

He worked for the Union Pacific Railroad. She worked with special-needs pupils at an elementary school. Together, they groomed their immaculate front yard.
 

After retiring, they wanted to travel more in Tom’s red 2007 Corvette.

“They were a happy little couple who enjoyed each other’s company,” said Kristine Rodgers, a former co-worker of Jill Estes. They have a grown daughter and son in Arkansas, and a grandson.

“Tom was the Wizard of Oz, the man behind the curtain, who kept everything in working order,” the family said in an obituary.

Friends recall Jill Estes as compassionate to people, animals, even bugs — which she released outside. “If it breathes and moves, she was pretty much trying to take care of it,” Rodgers said. 

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Please let me know if there are any corrections or additions that need to be made to this post.         
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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