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Trial scheduled in Janesville homicide case

By TED SULLIVAN   Thursday, July 30, 2009 - 11:52 a.m.
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JANESVILLE -- A trial was set Thursday in the homicide case against a Milton man accused of fatally shooting his ex-girlfriend in Janesville.

Kyle E. Hicke, 37, of 108 Forest Lake Drive, Milton, will stand trial Jan. 11. The trial is expected to last about a week.

Attorneys on both sides have until Oct. 2 to file pretrial motions.

Hicke appeared in Rock County Court on Thursday for a pretrial conference.

He is charged with first-degree intentional homicide, first-degree reckless endangerment, possession of a firearm by a felon and attempting to flee or elude an officer.

Hicke was arrested April 22 after a high-speed chase following the murder of Erica M. Ostenson, 25, of 412 1/2 S. Academy St., Janesville.

Hicke remains in the Rock County Jail on $1 million cash bond.

If convicted, he faces up to life in prison.

For a full story, read Friday's Janesville Gazette, read online in the Gazette’s E-Edition or check back at GazetteXtra.com.




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(19)
janesvillean
Jul 31, 2009 at 12:05 a.m.
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"It seems like people in Rock County always get off with too light a sentence."
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What usually happens is that they are sentenced in the normal bell curve of prison time for the crime for which they were convicted. In the court of public opinion, however, people are "chaged" with more serious crimes.
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For example, a drunk driver kills someone. That is reckless (vehicular) homicide, a type of manslaughter, which generally results in a short prison term and perhaps some extended supervision during which alcohol is forbidden. The commenters around here, however, have in their mind charged and convicted the person of first degree murder, and expect a sentence that matches their mental image. For that crime, anything shorter than life seems like a light sentence. (And many first degree murder sentences are 20, 40, 60 years instead of life, as it is.)

prevention
Jul 30, 2009 at 10:50 p.m.
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It's a sad world out here.

MooShoo
Jul 30, 2009 at 9:51 p.m.
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Janesvillian, thank you for your concise explanation of how the law works in felony cases.
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Given the high profile nature of the crime, Mr. Hicke's extensive criminal history, his high speed reckless chase through the community, the $1 million bail, and his front page single finger expression of remorse...I think we can expect life for this loser.

wesgonsin
Jul 30, 2009 at 9:49 p.m.
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Speedy trial? Sometimes I wonder if the powers that be let certain accused killers rot in county jail for awhile, in hopes that all the publicity surrounding their cases might get them bumped off behind bars, thus avoiding the cost of a long drawn out trial. The way I see it, if all fingers point to one person, what with the DNA evidence to back it up in some cases, well case closed.

leostime36
Jul 30, 2009 at 7:20 p.m.
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Hannah-I know what your saying. It seems like people in Rock County always get off with too light a sentence...unless you harm an animal..then they throw the book at you. You can abuse a child...almost kill a child and get off with a slap. This should be interesting.

miltonalum
Jul 30, 2009 at 4:22 p.m.
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Quote- "The term I worry about here is "up to" life in prision. Another slap on the hand coming. I dont understand how he would get off for this one."
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Hannah, you always amaze me.
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Life in prison is the maximum in this state with no death penalty, so if convicted he faces the maximum sentence allowed by law in this state. What more do you want? If convicted of 1st degree intentional homicide the mandatory sentence is life in prison with no chance of parole.
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There is no "slap on the hand" for murder, its cut and dry.

SwissChick
Jul 30, 2009 at 3:17 p.m.
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Oh, I had PMS. . . ah, that won't work for him. Ooops.

melstew47
Jul 30, 2009 at 2:59 p.m.
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Well Hannah, when you wrote that post, you hit the nail right on the head.im sure we will hear he didnt do it, he was depressed. some sorry excuse as usual.

chainsawchuckie
Jul 30, 2009 at 2:58 p.m.
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good grief...........

cloudtown
Jul 30, 2009 at 2:10 p.m.
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When going to trial for a felony case you have the right to a speedy trial, but you are also able to not excercise that right, giving more time to get your side of the case together and building a good defense. The defendent in these cases may have requested more time - and it does pertain to the first hearing in which could be a long string of hearings.

janesvillean
Jul 30, 2009 at 1:52 p.m.
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Note that the "trial" probably begins with the preliminary hearing, which was April 15 of last year, within the 90 day window from his first appearance on January 31. Since then there have been numerous motions to dismiss the charges and evidence, each of which requires 4-6 weeks for the state to file a rebuttal and have it considered by the judge. There have also been disputes about the extent of discovery (making investigatory information available to the defense). Most recently, Koepp's attorneys filed for the second time for a change of venue, which has not yet been adjudicated.
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This is easily on the high side of how long a trial of this type will take, but it doesn't actually appear to be unusual or due to foot-dragging by the state. We do operate under the rule of law.

sannio
Jul 30, 2009 at 12:49 p.m.
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Speedy Trial rights in Wisconsin

If you are charged with a misdemeanor, your trial must begin within 60 days from the date of your initial appearance in court. A misdemeanor is a crime usually punishable by either a fine or a year or less of incarceration.

If you are charged with a felony, your trial must begin within 90 days from the date that trial is demanded by any party either in writing or on the record. A felony is a crime usually punishable by imprisonment for more than one year.
http://research.lawyers.com/Wisconsin/Cr...

foxyroush
Jul 30, 2009 at 12:36 p.m.
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cjjs35: I agree... what is going on with the James Koepp case?? Is Janesville court system that slow, or naive? I sure hope he gets what HE deserves too! Murder is Murder, in my book!

cjjs35
Jul 30, 2009 at 12:28 p.m.
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Hmmmm..... This happened in April and the trial is set for January. The James Koepp murder happened how many years ago and no trial yet...... Just sayin.

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