After a motion to join the cases of the three men accused of conspiring to kill Kimberly Smith last October, Waukesha County Circuit Court Judge James Kieffer said he wanted time to review the case as well as other related precedents before making a decision.
Waukesha County District Attorney Brad Schimel made the motion in hopes of trying the three men, including Smith’s ex-boyfriend, Darren Wold, as well as Jack Johnson and Justin Welch, using the same evidence in a single case.
Welch is charged with first-degree intentional homicide, while Wold and Johnson are charged with being party to first-degree intentional homicide.
Wold’s attorneys allege that their client had no involvement in a conspiracy to kill Smith, and they believe that lumping the three accused men together would prevent Wold from having a fair trial. They plan to show evidence that Jack Johnson and Justin Welch worked together without any involvement by Wold.
Both Welch's and Johnson's representatives argued on Monday that allowing Wold to testify against the others would impede their abilities to have fair trials as well.
Wold is alleged to have conspired with longtime friends Johnson and Welch to plan for Welch to fly from California to Wisconsin and murder Smith. The effort is alleged to be a plot for Wold to gain full custody of a son he and Smith had together. Smith was found stabbed to death in her Oconomowoc home on Oct. 1, 2009.
If Kieffer denies the request to join their trials, the state would be forced to try the three men in separate trials.
“It would be the state’s intention to produce the exact same evidence in all three trials,” Schimel said.
Kieffer said he would make his decision soon, but did not give a specific timetable.
In addition, Johnson's attorney, Jess Martinez Jr., will no longer be representing Johnson. Martinez will be having bypass surgery on his heart, and the court will provide Johnson with new representation.
- Highway 83 accident witnesses sought (0)
- Food pantry items collected at holiday lights display in Mukwonago (0)
- DOT informational meeting held at Mukwonago Library (0)
- Donors needed for Waukesha blood drive (0)
- Sweet treats on sale at Mukwonago Food Pantry cookie fundraiser (0)
- Festival of Trees on display at Garden Mart (0)
- Kids' holiday gift workshop (0)
- Delafield Gun Club permit rejected (0)
- Enjoy a holiday classic with Mukwonago Village Players (0)
- Fatal accident on I-43 South in Town of Vernon (0)
- More Lake Country Watch posts
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- All 2011
- All 2010
- All 2009
- All 2008
- All 2007