Koepp seeks to have charges dismised

By TED SULLIVAN ( Contact )   Wednesday, Nov. 12, 2008
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James C. Koepp during his Rock County Court House appearance at a preliminary hearing  in the triple homicide.

James C. Koepp during his Rock County Court House appearance at a preliminary hearing in the triple homicide.

— When investigators searched the triple-homicide scene, they found blood on the trailer's carpets, blood on the floor and a broken window.

Investigators later interviewed James Koepp at his home, where they collected the denim shirt and jeans he wore on the night of the homicide.

The evidence inside the trailer and the clothing now are 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.

Koepp, 49, wants the case dismissed, claiming evidence was destroyed when the trailer home was recycled for scrap metal more than a year after the murders.

Koepp also wants the evidence collected off his shirt and jeans thrown out from trial, claiming the clothing was obtained from an illegal search. Prosecutors say a state crime analyst linked the victims' DNA to blood stains on Koepp's clothing.

Attorneys on both sides on Tuesday argued the motions to dismiss the case and suppress the evidence in Rock County Court. Arguments were scheduled to continue today.

In court Tuesday, Koepp sat quietly wearing an orange jail uniform. The victims' family sat in the courtroom.

Several witnesses were called. Photographs and evidence records were introduced as exhibits.

Russell Lucht, Lentz's father, testified that he had the trailer destroyed in February or March 2008 after getting permission from the Rock County Sheriff's Office and Rock County District Attorney's Office.

The trailer had to be removed because no one was paying rent for the lot, Lucht said.

Richard McNall of Stateline Recycling in Janesville testified that the home was brought to his business. He said the trailer was stripped, ground up and recycled.

Roger Stahlke, a forensic scientist with the state crime lab, testified that all the valuable evidence from the murder scene was collected before the trailer was destroyed.

Assistant public defender Walter Isaacson, however, argued that relevant evidence inside the trailer was lost. He said evidence was not preserved, violating sheriff's office policy.

Judge Alan Bates also heard testimony in the motion to suppress evidence.

Rock County Sheriff's detectives Warren Yoerger and Richard Kamholz testified they spoke with Koepp at his home after the homicide. They said Koepp offered to give them the clothes he wore that night.

The clothes appeared to have bloodstains, the detectives testified, and they confiscated the clothes as evidence.

The detectives, however, never told Koepp he didn't have to turn over his clothing, the public defender said.

After hearing testimony, the judge decided to allow Isaacson to file a written brief about the motion to suppress.

Five pretrial motions are pending in the murder case. Legal wrangling is common in homicide cases with high stakes, and no trial has yet been scheduled.

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

Koepp is in prison serving a sentence for felony fleeing. He led law enforcement on a chase when he was supposed to be questioned about the murders.







reader COMMENTS (28)
stricnyne
Nov 13, 2008 at 9:40 a.m.
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There definitely is not a reason that this trailer could not have been kept in a secure location. Many years ago when a man named fuller hacked up his wife law enforcement secured his mini van inside a fenced area at the water dept.

Nobody knows whether Koepp is innocent or not but him and that is the sad truth.
Was the investigation botched...who knows...possibly. There are not many homocide cases in this area so it is difficult to have faith in the investigators skills and experience.

Bottom line there are loop holes in everything...I mean everything. Law inforcement will do what is necessary to help make the community feel safe...and the convicted will do anything to prove they are innocent and if that doesn't work then they will do anything to find mistakes in a case to get around proving their innocence or avoid being proved guilty.

What I really think is sad is media. I think that when a suspect is caught...that is all the public should know is that a suspect is caught. No names, criminal history, nothing until the case is locked in stone. Media is a huge persuader to the public eyes and ears and many times is not very reliable.

Like they say "don't believe everything you read"

come_on_people
Nov 13, 2008 at 8:58 a.m.
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Right on, johndoe.

I always find it interesting that JPD gets the blame for things - this is a Rock County case. JPD does a good job. If you don't think so, go live in Beloit.

JohnDoe
Nov 12, 2008 at 7:37 p.m.
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Kilgor...you seem to be aligning with one of the major misconceptions that many in law enforcement also fall victim to. Giving these idiots more credit than they deserve.
Don't try to "outthink" them. They are idiots.
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It is what it is.

Kilgor720
Nov 12, 2008 at 7:30 p.m.
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I belive that by him offering and giving the PD his clothing, that is considered "Informed consent." Why else would he think that the cops wanted his clothes, other than to test them for evidence? Or maybe he did it on purpose with the hope that he could get it thrown out as evidence later on making his chances of being procecuted harder? Who knows with that dude, he's creepy none-the-less!

JohnDoe
Nov 12, 2008 at 7:22 p.m.
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Not to say it wasn't botched....but.....

JohnDoe
Nov 12, 2008 at 7:22 p.m.
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Get a clue redder...this isn't even a JPD case.

redder
Nov 12, 2008 at 5:47 p.m.
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The PD has botched this case from day one. GOOD JOB Janesville PD, maybe they can convict someone of a DUI that works for them but a real crime they are lost. Its been 2 years and they are just getting to this now, what a waste. I feel so sorry for that poor family.

haze08
Nov 12, 2008 at 5:16 p.m.
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this how entired article is bull....seriously i have been following this case very closely! The only reason is bcuz scott was one of my classmate from the kindergarten until the 9th grade the day before this selfish no good for nothing waste of complete air came along and BRUTALLY murdered scott and his famiy. if you read on the articles they have on here it says they have over 170+ pieces of evidence and that was enough to analysis what they needed...and now they are saying that almost 2 years after the incident they need more evidence...wtf....seriously... if they would have left the trailer sit up there would be so many nosey people in the neighborhood and go inside and scope the scene out and you would have every tom, dick, and harrys fingerprints in there. and then the police would blame the public...so why dont they do like the police do and have a impound lot that only they have access to. for such instinsts like they could have hauled it there and then they would have all of the evidence...and yea of course the family would have it destroyed NO ONE AND I MEAN NO ONE wants to relive that!!!! in early articles and at the funeral they also said that they had to dip into the father's pension check bcuz they didnt have enough money to pay for the funerals and of course they wouldnt have enough to continue paying rent on the lot just for the crime lab to come harrass the family when the find more disturbing news/evidence. i think the state should have been paying for the rent to keep it there. even better yet they should have made a deal with the crime lab/police, who ever and say if you pay half the rent so will the family! that way you can finally put him behind bars for the rest of his life.

just for fun i think the police should mail something out to every person to see how many people knew the family and have the gather some where and have Koepp sit in the middle of a circle and everyone should get the choice between throw a GOOD SIZED rock at him or throw a well deserved punch to the face!!!

haha but thats just my humor coming out...

The Lentz family needs closure and this is NOT a good way is to let a gulity man go free...

rep_of_1
Nov 12, 2008 at 3:57 p.m.
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Prison maybe this mans only safe place.
Society should not allow this man to be free. If the dna matches and we give this man freedom our legal system is broke. I bet harvesting dna was not in the back of his mind during the killing.
A crime was committed, suffer the consequences.

hannah
Nov 12, 2008 at 3:22 p.m.
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I am just very glad "he ran away" from questioning that day and got caught drunk driving. Why would he run away if he didnt do it?

hannah
Nov 12, 2008 at 3:21 p.m.
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markr- yes good point. i feel better now this wont get just let go.

hannah
Nov 12, 2008 at 3:20 p.m.
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lullyberry- i agree- another reason for me not to be on the jury- you look like you did it.

Rocky
Nov 12, 2008 at 2:49 p.m.
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This is a "slam-dunk" case. Koepp is grasping at straws, If the DNA is allowed in court - he may as well just plead "no contest". A last desperate gasp by an attorney doing his job.

----

In the very strange event that the motion is upheld and Koepp goes free - I think that "justice" will follow him some day, either in this life (Like OJ) or the next.

come_on_people
Nov 12, 2008 at 2:38 p.m.
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markr - good point. Once evidence is collected, crime scenes can be re-entered, cleaned, lived in, whatever. This is just a feeble attempt of Koepp's attorney to get him off. The DNA evidence points right to him - how would he have the victim's blood on his clothes if he wasn't involved? And if he didn't do this alone - guess he'd better cough up who his partners in crime were.

If he offered his clothes to the police, why should they 'have' to tell him he didn't have to?

Really, if this man gets away with this (and yes, I do know he hasn't been convicted yet, but if you know someone involved in the case - they are 100% sure he is guilty by the evidence) it will be tragic for everyone, Danyetta and her children, their family and the public.

I'm sure since he's sobered up in jail all this time, he's freaking out imagining what the rest of his life is going to be like. Suck it up, Koepp!

crunch_munch
Nov 12, 2008 at 2:03 p.m.
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I'd rather see a guilty man go free than an innocent man be convicted.

luluberry_0981
Nov 12, 2008 at 1:44 p.m.
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That is one creepy looking dude....

markr
Nov 12, 2008 at 1:44 p.m.
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If an individual is murdered in a house where others also reside, the home is sealed off and the other residents kept out until the evidence collection is completed. Then they are allowed to return, and resume their lives in the house. They are not kept out until a defense attorney is hired, and allowed a new collection. The defense has to work from the initial police collection of evidence. There was neither a legal nor a logical reason not to destroy the trailer.

hannah
Nov 12, 2008 at 1:15 p.m.
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I think that trailer should have stayed there and been ORDERED to stay there till this was all over. I can see he has a good case now that evidence of place this murder has taken place has been destroyed. I know the family wanted it to be gone so not bad memories but they should have waited. No there is a bad memory of him getting off cause it is gone.That seems worse to me. Sorry i believe he did it. You are correct I would not have been picked to serve on this trial.

truecitizen
Nov 12, 2008 at 1:04 p.m.
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That's funny 'taxed2much'! And we can both agree that the cougar is worth saving, and this Koepp is not! I agree with billnewbie....It's like we are supposed to give all the answers to the bad guys before they take the test. Wish I had that kind of help some times, then again you have to be a criminal to get it! We go over board in this country, trying to help keep criminals from being wrongfully prosecuted. Most cases are obvious, not vague. Oh well this guy is history anyway, I hope the family can rest a little more easily after these crap-attempts fail the defendant, and he goes back home to his cell!

janesvillean
Nov 12, 2008 at 12:54 p.m.
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Evidence suppression is a standard defense motion. There's no reason to expect it to succeed, and there doesn't appear to be a compelling reason for dismissal. Even the trailer issue is something of a distraction as there would need to be some concrete indication it contained exculpatory evidence. Since it was thoroughly searched and the various fingerprints and blood stains are presumably in the hands of the state crime lab, examining that is almost certainly constitutionally sufficient.
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Handing over the clothes to be "helpful" is a classic NYPD Blue move. Cops (like Andy Sipowicz) are permitted to mislead you in collecting evidence.

JimPI
Nov 12, 2008 at 11:45 a.m.
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A defendant has the right to retain his/her own forensic experts to examine evidence and render opinions on it. By allowing the trailer to be destroyed, they have taken away his right to examine that evidence. It should have been moved to a secure location until the trial was concluded. I cannot for the life of me figure out why that didn't happen. Evidence collection and preservation procedures are in place for a reason. His defense attorney is correct in filing those motions to dismiss.
*
Please don't misinterpret my post though. From what we've been told by the Gazette articles on this case, it does certainly appear he is guilty. If he is indeed guilty, I hope he spends the rest of his life in the gray bar hotel. But, he has as much right as anyone else in this country to a proper defense to the charges.

taxed2much
Nov 12, 2008 at 11:21 a.m.
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Put the DNR in charge of this case. Afterall it only took them less than 3 days to figure out the cougar shot in Chicago was the same one running around Rock County. All they had were some blood drops in the snow and some fur. Of course no one asked the cougar if they could take his fur.

billnewbie
Nov 12, 2008 at 10:45 a.m.
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Our legal system is breathtaking.
The deputies are offered the clothing by Koepp himself, and the defense attorney claims that the deputies should have told him he didn't have to turn over his clothing. If that had occurred and the deputies had to wait for a warrant to take the clothes, I suppose the attorney would complain that the deputies didn't inform Koepp that he could wash them before they get back with the warrant.

garyprimer
Nov 12, 2008 at 10:34 a.m.
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An innocent person would probably care. That is why it is important how evidence is collected and stored and that the chain of custody remains unbroken and properly documented. I sincerely doubt that a judge will be persuaded to drop this case, but with a change of venue and a jury trial...

gabby06
Nov 12, 2008 at 10:23 a.m.
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I pray that this man stays in prison. I hope they do not let him go on some technicality. If the evidence fits then it fits. Who cares how it is collected?! If it matches then he did it and he should be the one to spend the rest of his life in prison.

garyprimer
Nov 12, 2008 at 10:13 a.m.
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I remember watching a murder case on television about some "OJ" guy. The case went to trial, but a jury acquitted him because the police and the DA made so many mistakes in the case concerning procedure and collection of evidence.

JCK
Nov 12, 2008 at 10:12 a.m.
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Hopefully he doesn't prevail with his motions. Why would it have been so difficult for the police to store the trailer somewhere until the case was resolved?

Irishlady4ev
Nov 12, 2008 at 10:05 a.m.
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If the evidence is sound and his DNA is a match to the crimes committed I pray to God he dont get off on a technocality as this would be an outrage. If he is not a match then I hope the right thing is done. I still cant believe 1 person did this. Anyone is capable of going off the deep end and doing something like this and I hope they have the right guy. (I hope the Gloves fit) If it is him.

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