Murder case on slow pace
Prosecution of the worst murder case in Rock County history might hinge on analysis of potential evidence at an East Coast lab.
Nearly 10 months ago, Danyetta Lentz and her teenage children, Scott and Nicole, were found murdered in their mobile home just south of Janesville.
Rock County District Attorney David O'Leary now refuses to talk publicly about the case.
Sheriff Bob Spoden maintains that his department did all it could and arrested the right man: James C. Koepp—a neighbor of the Lentzes in Janesville Terrace, a mobile-home park on Highway 51.
But O'Leary did not file murder charges. He said then—and has said monthly until now—that he did not have enough evidence to prove Koepp's guilt beyond a reasonable doubt.
He has said repeatedly that he was waiting for evidence to be analyzed.
People familiar with the investigation said the state crime lab could not analyze a potentially crucial piece of evidence found at the crime scene. It sent the evidence to the FBI, which, in turn, farmed it out to a private lab somewhere on the East Coast.
That was about four months ago.
O'Leary said then he anticipated getting a report in four months.
It's anybody's guess how much urgency Rock County's worst crime in history has at an out-of-state laboratory.
The evidence might be the thread that neatly ties up the rest of a messy, perplexing case.
If it doesn't, O'Leary still faces the tough choices he now has: Whether and how to charge Koepp in the murders of Danyetta, Scott and Nicole Lentz.
Meanwhile, Koepp, 48, is in prison on a four-year sentence for recklessly endangering safety and third-offense drunken driving. The convictions stem from a chase on which he led deputies when he was supposed to be talking to detectives about the Lentz murders.
Other factors might be affecting the prosecution of the case:
Speedy trial
Koepp's prison sentence on the chase convictions gave the district attorney breathing room in filing murder charges. Once a criminal case has begun, a defendant can demand a speedy trial, forcing the prosecution to trial within 90 days.
If a defendant is acquitted at trial, he or she cannot be tried again for the same crime because of the constitutional ban on double jeopardy.
Koepp's guilty pleas gave O'Leary time to wait for analysis of every bit of evidence and build the best case possible, but some observers think the delay also removes the case's sense of urgency.
Communication
Besides sheriff's detectives, the crime lab sent its own team of investigators to the murder scene. Two investigating agencies and the DA's office have been communicating among themselves, raising the possibility of miscommunication.
Most of the crime lab's analysis and many reports have come back to Rock County, but O'Leary apparently still is waiting for the lab's summary report.
The scenario
When prosecutors file criminal complaints, they write a narrative of how they think the crime occurred and what the defendant's role was in the crime. The prosecution must prove the elements of a criminal complaint beyond reasonable doubt to win a conviction.
How one man killed an adult and two teens in the relatively cramped interior of a mobile home is one of the case's perplexing mysteries. The victims were stabbed and strangled. No gun was involved.
Koepp once was convicted of the simultaneous sexual assaults of two women at knifepoint.
Narratives in criminal complaints often report that the defendant admitted his or her role in the crime. Or they cite witnesses who put defendants at crime scenes and/or ascribe motives to defendants. Criminal complaints regularly cite physical evidence incriminating the defendant.
The Lentz murders apparently have no witness, so the crime lab's theory of how they were killed—based on professional analysis of the crime scene and physical evidence collected there and elsewhere—appears crucial to writing the narrative for a criminal complaint.
Spoden knows what the lab's analyses and reports have been so far, and he hasn't changed his opinion that Koepp is the killer, so apparently there's no evidence clearing Koepp.
The sheriff has said repeatedly that Koepp is the sole suspect, but convincing a jury that one man killed three people without a gun could prove difficult.
Prosecution history
O'Leary lost a murder case in 1997 against Nathan Briarmoon and Joseph Bequette in the beating death of Russell Miller. It was a case the community thought would be a slam-dunk.
The prosecution had a witness who told the jurors she sat in the car while the defendants went into Miller's home and bludgeoned him to death. They bragged of what they did immediately after the killing, the witness told the jury.
The jurors didn't believe her. The defendants went free.
Earlier this year, O'Leary was ready to try Shawn Brooks for the first-degree murder of Julienne McGuire, a Janesville resident found slain in her office in downtown Beloit in March 2006.
DNA evidence found on McGuire's body led investigators to Brooks. A murder conviction again looked like a lock.
But just minutes before picking a jury, O'Leary and Brooks' defense attorney reached a plea agreement. Brooks pleaded guilty to first-degree reckless homicide, attempted first-degree sexual assault and armed robbery by use of force. He faces a maximum of 130 years of prison and extended supervision when he is sentenced Dec. 21.
"That was the hardest decision I had to make as district attorney," O'Leary said at the time. "I had to weigh the desire to take the case to trial for vindication and closure for family members against the responsibility I have to protect the community.
"It was too great a risk to take a chance on a jury verdict," the district attorney said. "There's always a risk with a jury trial."
Mar 28, 2008 at 8:25 p.m.
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why is the gazette bringing up names of past suspects like they are guilty? That is biased and you forget to mention the verdict, NOT GUILTY. Yet you do not name the "Star Witness". Interesting also that you remove my previous post asking the same question.
Jan 29, 2008 at 10:14 a.m.
Nov 25, 2007 at 1:43 a.m.
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I think the JPD/Spoden should start looking into the DEAD DAUGHTER'S "BOYFRIEND"!!!...For 1.) He sure had a whole lot of info to tell the police..?! (I honestly don't think Koepp did it (even though he had a Hx.!)...the BF had some sort of access to the Internet & he (the BF) RAN w/ the info he got! & 2.) His whole "Phone Behavior" is kinda "WEIRD" in/when "Trying" to get ahold of his GF (re: BEFORE & AFTER the deaths.....the AMOUNT of times & then.........calling the Neighbor!!)........what do u think? (ANYONE)
Nov 7, 2007 at 11:01 p.m.
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Thank you, pigbrain, for saying most everything I was wanting to say to these other readers that do NOT whatsoever understand the judicial process! Reality is NOT what you see on TV, and what you see on TV is what you are expecting from our law enforcement agencies. Also, about the whole secrecy thing...Have you never heard of FALSE CONFESSIONS from people that were not even related to the crime?!? The idea of keeping certain things secret and out of the eyes/ears of the public is to prevent false confessions. Its the idea that only the perpetrator will know those details, so when s/he mentions that small detail, you know you have the right person. So pretty much, every one of you that feels that this whole case has been "botched" because you don't know every detail, or you worked with so-and-so, and for what ever other reason, you need to do a little research into the judicial system and processes before you jump to your UNEDUCATED conclusions about how things work!!
Nov 5, 2007 at 10:31 p.m.
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fldpan...I have been thinking the same thing since this crime first happened. I doubt they could even ask for a change of venue and find anyone who didnt hear of this case and/or have an opinion about it. Perhaps this has something to do with the "secrecy". Each and every one of us has an opinion as to whether or not James Koepp did this. If he is not the murderer...heaven help us all. If the police department has another suspect, based on the DNA, they are doing the right thing by not broadcasting it. That person, or persons, would be on the fast track outta here. My thoughts and prayers are with this family and will be for a long long time.
Nov 5, 2007 at 4:07 p.m.
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Mymaro, you have no idea what we do. For you to place blame on the Sheriff's Dept or O'Leary speaks volumes of your inability to comprehend this topic. Local law enforcement, you know, the ones you said were "playing cops", are working with FBI and State Investigators, as well as waiting for lab results from another state, as Wi crime lab sent it out for further analysis: Local law enforcement is Waiting for results. The LE officers involved with this investigation are highly trained and professional, and have done all they can to bring closure to this. You read about what happened and place blame on them, and they were there trying to put the pieces together. I know TV shows make it look like a killers' DNA is hanging on a hat rack just inside the door, but here in reality, it takes a little "playing cops" to find it.
Nov 5, 2007 at 3:41 p.m.
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I agree with everyone... there needs to be some sort of closure.. and soon. What a way to ring in your new term as Sheriff, but then to do nothing for soo long- get over yourself and get the facts and find a killer!!! I cant believe the pace of this investigation. What is BOTCHED up now???
Nov 5, 2007 at 3:38 p.m.
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What about jury selection, when it comes time? How are they gonna find a jury that isn't already thinking he's guilty. It might not be the case but he could be innocent.
Nov 5, 2007 at 12:35 p.m.
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I agree with molly, I happen to know this man from a Pastorial relationship and don't believe he did this, But since they have already tried and convicted him via the media based solely on his past. What happins if none of the evidence supports there claims? Will they actually admit they may have been wrong? Will they actually look for someone else?
Nov 5, 2007 at 10:48 a.m.
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The sad part is that most of us who have lived in Janesville for some time knew this case would be botched. I truly hope the delay is absolutely due to making this case as solid as possible but somehow I doubt it. What happens if Koepp isn't our killer? Then what? This family needs closure as we all do. These 3 poor souls need to be put to rest in peace and we need Justice and a sense of security.
Nov 5, 2007 at 10:26 a.m.
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I think it is auwful the way this case has been handled! And thank god he is behind bars. It is my gut feeling that someone had to hear something? My sympathies to the family and i hope they get closer soon!! I pray someone will come forward and help this family find some peace!!
Nov 4, 2007 at 5:26 p.m.
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Good point. If they don't get a solid case and he walks then what? Do it right. The family needs closure, yes. But we also don't want another killer walking the streets because of poor evidence handling or a botched investigation. If too much emotion is involved that can be a bad thing too. What is wrong with secrecy? The whole public doesn't need to know every detail, in my opinion.
Nov 4, 2007 at 4 p.m.
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Molly, that's what I am thinking. In a small ,enclosed, area- where the victims were left and there was doubtless a struggle- there should have been evidence all over the place.
My gut feeling- totally gut, no scientific facts- is that evidence handling was bungled. It's not only the physical evidence but how it is collected, sealed, transported, tested, and how you report it- mess up anything and even if it is rock solid, it can be inadmissable in court.
Nov 4, 2007 at 3:01 p.m.
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maybe they don't have the right guy and that's part of the reason they are taking so long. they don't even have a confession. in three yrs that guy will be out if they don't figure it out soon. how can they not have at least 1 good piece of evidence?
Nov 4, 2007 at 11:22 a.m.
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Slow pace isn't the right term. This is unreal. I worked with Danyetta and this case is horrible. What is up with all of this? What is wrong with this picture? People are either hiding something or not doing the right thing in this case. Her family needs some type of closure. This is so sad, don't ya think? This case should have been closed a long time ago. I don't know what else to say other than God Bless there family.
Nov 4, 2007 at 11:09 a.m.
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I hope Spoden likes the idea of being kicked out office after one term. His secrecy in this case is disgraceful and reprehensible. He'd better hope he ends up with a conviction in this case. And soon.
Nov 4, 2007 at 9:29 a.m.
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what a joke the rock county judicial system is. i am totally embarrased by Spoden and Oleary. Why is dna so hard in this case yet in the recent rape case they had the dna evidence processed in less than a week. they dont know their head from a hole in the ground. theyre just playing cops.
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