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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.
JANESVILLE — James Koepp still is headed for trial in a January 2007 triple-homicide case.
But when the trial will start is anyone’s guess.
One thing seems certain: Technical discussions of DNA evidence will figure strongly at trial.
Attorneys for Koepp argued in Rock County Court on Thursday that the criminal complaint should be thrown out along with a court commissioner’s finding at an April 15 preliminary hearing that Koepp should stand trial.
Koepp, 49, is accused in the slayings of his neighbors Danyetta Lentz and her teenage children Nicole and Scott in their home at Janesville Terrace, a mobile home park just south of Janesville.
Assistant public defender Walt Isaacson’s main argument Thursday was that his client should have been able to question the state crime analyst who linked the victims’ DNA to blood stains on Koepp’s clothing.
Isaacson pointed out that some of the analyst’s conclusions were based on incomplete DNA profiles of the blood. The analyst’s report did not specify exactly how incomplete the profile was, Isaacson said.
Isaacson argued that cross-examining the analyst would have given the court commissioner better information on which to base his decision of whether to bind Koepp over for trial.
District Attorney David O’Leary responded that the facts still argue strongly that Koepp should stand trial, including the fact that Koepp denied and then admitted that he had been in the Lentz home, and the analyst’s conclusion that Danyetta’s blood was on Koepp’s jeans.
O’Leary noted that the court commissioner expressed no concern or confusion about the evidence at the preliminary hearing.
Judge Alan Bates agreed and denied Isaacson’s motions.
Bates noted that issues involving the intricacies of DNA analysis could be argued at trial.
Isaacson said he intended to appeal Bates’ ruling to the state Court of Appeals. The law requires that certain issues be appealed before trial, not afterward, and this is one of them.
District Attorney David O’Leary said his office would work with the state attorney general’s office, which will handle the appeal.
Also Thursday, Bates set the afternoons of Nov. 11 and 12 for further proceedings. O’Leary said he intended to introduce pretrial motions, possibly on those dates.
O’Leary would not specify what his motions might be. He said they involve DNA, Koepp’s prior criminal record and what evidence might be allowed at trial.
O’Leary said he could not venture a guess as to when a trial might start.
Long periods of pretrial maneuverings are common in such cases because the stakes are so high and the final verdict so important to all involved.
Koepp is charged with three counts of first-degree intentional homicide. He could be sentenced to three consecutive life terms if convicted.
Koepp continues to serve a prison sentence for felony fleeing. He led officials on a chase when he was supposed to be talking to investigators about the murders.