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Judge denies motion to dismiss triple homicide case

JANESVILLE — Janesville’s triple homicide suspect believes evidence proving his innocence was lost when the crime scene was destroyed nine months after the killings.

James Koepp, 49, also believes evidence collected off his shirt and jeans was obtained from an illegal search.

Koepp’s attorney wants the case dismissed based on the trailer home’s destruction, and he wants any evidence obtained from his clothing barred from the trial.

But a judge denied both requests.

Koepp’s attorney never showed that evidence proving his innocence was lost when the trailer was scrapped, Judge Alan Bates decided.

And Koepp voluntarily gave investigators his clothing, Bates decided.

The evidence inside the trailer and the clothing were part of two key motions in the murder case against Koepp, who is charged in the January 2007 slayings of Danyetta Lentz and her teenage children, Nicole and Scott.

Attorneys on both sides—District Attorney David O’Leary and assistant public defender Walter Isaacson—in November argued the motions to dismiss the case and suppress the evidence. Bates issued a written decision Dec. 17.

The trailer home where Lentz and her children were killed was locked from January 2007 to August 2007. Fingerprints, blood samples and other evidence were collected from the home. The home later was recycled for scrap metal.

In Koepp’s request to dismiss the case, Isaacson argued the charges should be dropped because the trailer was not preserved.

But the judge said investigators made several trips to the trailer to collect evidence. He said investigators took photographs of the scene.

“These items have been tested and preserved and are available for (Koepp),” Bates said.

After the homicide, investigators spoke with Koepp at his home. They said Koepp showed them the clothes he wore on the night of the homicide.

Investigators suspected the clothes had bloodstains. They confiscated the clothes. Prosecutors say a state crime analyst later linked the victims’ DNA to blood stains on the clothes.

In Koepp’s request to suppress evidence, Isaacson argued Koepp was deceived and never told he didn’t have to give up the clothes.

But the judge said Koepp voluntarily answered the investigators’ questions about his clothing. He said Koepp offered to show his clothes to the investigators.

“The state has shown by clear and convincing evidence that voluntary consent was given by the defendant,” Bates said.

Isaacson said Koepp could appeal the judge’s decisions if Koepp is convicted. He said he expects Koepp will stand trial.

O’Leary could not be reached for comment.

Koepp is charged with three counts of first-degree intentional homicide. If convicted, he faces three life terms.

Koepp remains in prison serving a sentence for felony fleeing. A trial date on his three murder charges has not been set.

Other pretrial motions are pending in the case.

Koepp is scheduled to appear in court Feb. 11 for a motion hearing.