Okay - this is long since I came in late to this case - but I shall shorten it up after posting it. Wanted to get all info in one post.
Wednesday, January 25th:
*Oral Ruling Hearing (@ 1:30pm CT) - WI - Harper (1 day old) (Born on Jan. 5, 2021) at home & child taken from home & given to an unidentified 3rd party & child has not been seen since per “father” of baby. Reported missing by girl's father on 1/9/21. Found Jan. 10, 2021 deceased shot twice in head. Albany, Green County, Jan. 9, 2021) - *Logan T. Kruckenberg-Anderson (16/now 18) arrested (1/10/21) & charged (1/12/21) with 1st degree intentional homicide & hiding a corpse. Will be charged as an adult. Plead not guilty. $1M Bond.
Trial set to begin on 3/6/23 (thru 3/17/23).
A newborn girl, less than one week old, is reported missing in the Village of Albany Saturday, 1/9/21. According to the Green County Sheriff’s Office, the child was born at home on Tuesday, January 5th. The child was taken from the home by her father, investigators say. The father told investigators he turned the infant over to an “unidentified third party,” and the child has not been seen since. Authorities say whoever took the child was reportedly driving a gray Chevrolet Equinox. The individual is said to be an acquaintance of the father. The Wisconsin Department of Justice says the newborn girl reported missing in the Village of Albany was found dead Sunday. According to the Green County Sheriff’s Office, the child was born at home on Tuesday, Jan. 5. The father reportedly took the child from the home. Authorities started searching for the child on Saturday, Jan. 9.
1/11/21 Update: Police say Kruckenberg admitted leaving the naked newborn in the snow & shooting her twice. Kruckenberg is currently being held at the Rock County Juvenile Detention Center. First appearance in court on 1/12/21.
1/12/21 Update: Kruckenberg Anderson, defendant appeared in Court in custody via zoom with counsel Guy Mason Taylor via zoom. Laura Kohl appeared as prosecuting attorney via zoom. Court advises defendant of rights. Defendant not given a copy of the complaint at this time. State advises that a copy of the complaint was sent to the facility and he should have a copy. Court advises defendant of charges & penalties. ADA Kohl checks to make sure a copy of the complaint is given to the defendant before going forward. The facility states that a copy of the complaint received & given to the defendant. Mother of witness #2 makes statement. Preliminary hearing scheduled for 1/20/21 at 10:30am. Cash bond set for Kruckenberg Anderson. Charged with Violation: 1st degree intentional homicide; Move/hide/bury corpse of child. NO CONTACT WITH: Juvenile victim #2 or immediate family members. No contact with children under 16 years of age. Defendant not to leave Green County State of Wisconsin without permission of the Court if released. May not possess any firearms or dangerous weapons. 1/13/21: Public defender order appointing counsel. Demand for Discovery & Inspection-Defendant.
1/20/21 Update: Status conference. Prior to calendar call - Court addresses parties as to timeline for motions filed. Breakout with SPD Guy Taylor & Logan Kruckenberg Anderson. On the record at 10:37am. Kruckenberg Anderson, defendant appeared in Court in custody with counsel Guy Taylor. Laura Kohl appeared as prosecuting attorney. Victim L.P. with Attorney Andrea N. Winder all by ZOOM video means. Attorney Taylor - his client is prepared to WTLPH & requests a continuance for Preliminary hearing & motions. ADA Kohl states objection to motion for closure of hearing. Court sets a briefing schedule for the motion on hearing closure: State to file brief in opposition by 1/29/21. Attorney Taylor requests to compel discovery early. State responds - no legal authority. Court will not make a ruling at this time. Motion hearing for closure of hearing scheduled for 2/5/21 at 1:30pm. Preliminary hearing scheduled for 2/12/21 at 1:30pm. Motion hearing for reverse waiver scheduled for 2/12/21 at 1:30pm. 1/20/21: Notice of motion, Motion requesting discovery prior to preliminary hearing. 1/29/21: State's Response on Defendant's Demand for Discovery Prior to Preliminary. 2/4/21: Request for continuance. 2/5/21: Waiver of right of personal appearance.
2/5/21 Update: Motion hearing. Kruckenberg Anderson, defendant appeared in Court in custody with counsel Guy Taylor & Ashley Jade Morse. Laura Kohl appeared as prosecuting attorney. Attorney Andrea N. Winder & Victim #2 appeared all by ZOOM audio means. Attorney Taylor - addresses Defendant's Motion to close reverse waiver hearing. ADA Kohl responds. Court - for reasons stated on the record - denies motion to close waiver hearing. Attorney Morse - addresses the demand for discovery prior to Preliminary hearing. ADA Kohl responds. Attorney Morse replies. ADA Kohl replies. Court - for reasons stated on the record - denies motion for demand for discovery prior to PH. Attorney Morse - addresses the additional motion for continuance of reverse waiver hearing currently scheduled the 12th. ADA Kohl does not object to a short continuance but prefers to have the PH & reverse waiver the same day. Attorney Winder objects to the continuance of the reverse waiver hearing. Court grants the continuance of the reverse waiver hearing with scheduling to be addressed on the (Feb) 12th at the PH. ADA Kohl - addresses the waiver of in person appearance by the defendant. Court states for the record that the matters are currently scheduled via ZOOM with accommodations for in person if requested. Attorney Taylor has filed the appropriate form waiving DEs personal appearance to include the PH. Court addresses the DE as to the matter of appearance. 2/12/21: Demand for discovery by prosecutor.
2/12/21 Update: Waiver of preliminary hearing. Kuckenberg Anderson, defendant appeared in Court in custody with counsel Guy Taylor & Ashley Jade Morse. Craig Nolen appeared as prosecuting attorney. Attorney Andrea N. Winder appeared for Victim Witness #2 all appeared by ZOOM video means. WOPH filed. Attorney Morse clarifies information on the WOPH form. Court clarifies evaluation intent. Court finds probable cause. Defendant bound over for trial. INFO filed. Parties address procedural posture at this time pending a decision on reverse waiver. Not Guilty plea entered preserving those rights. Attorney Morgan asks DE remain in a juvenile facility. ADA Kohl responds - DE is under the jurisdiction of the jail. Court directs GCSD to contact Rock County authorities & request that DE be housed in their juvenile facility. If not DE will be housed in Green County. Status conference scheduled for 3/4/21 at 11:00am.
2/23/21: Demand for discovery & inspection by defendant. 2/24/21: Notice of motion hearing on 2/26/21.
2/26/21 Update: Motion hearing. Kruckenberg Anderson, defendant appeared in Court in custody with counsel Guy Taylor & Ashley Jade Morse. Laura Kohl appeared as prosecuting attorney. Lt. Quinn from GC jail administration appeared. Corporation Counsel Angela MacLennan appears. Victim #2 all appeared by audio means. Motion to review custody. Lt Quinn, Sworn on oath & testifies under direct by ADA Kohl. CROSS by Attorney Taylor. ADA Kohl - objects to line of questioning. Court inquires as to subject matter. CROSS by Ashley Morse. ADA Kohl - objection - relevance. Court allows answer. Attorney Morse requests transfer back to Rock Cty facility. Lt. Quinn addresses the status of & efforts to transfer. Attorney Taylor addresses the request for contact on a frequent basis via zoom with DE. Also no discovery in 2 weeks has been forthcoming. ADA Kohl responds to the discovery status & efforts. Court leaves those issues to work out informally. Notes additional matters can be noticed & taken up on March 4.
3/4/21 Update: Status conference. Kruckenberg Anderson, defendant appeared with counsel Ashley Jade Morse & Guy Taylor. Laura Kohl appeared as prosecuting attorney. Victim Witness #2 with Attorney Andrea N Winder. All appeared via Zoom. Matter set for reverse waiver hearing on 4/16/21 @ 8:30am via zoom unless request made prior to have in person. Exhibits to be filed prior. witness lists to be exchanged by the 9th along with any case law. Hearing scheduled for 4/16/21 at 8:30am.
4/16/21 Update: Hearing. Kruckenberg Anderson, defendant appeared in Court in custody with counsel Ashley Jade Morse & Guy Taylor via zoom. Laura Kohl appeared as prosecuting attorney via zoom. Court orders the witness's be sequestered. Court puts the witnesses into break out rooms. Steven Thurner sworn on oath testifies. Defense exhibit #1 Letter not received. Vanessa Korias sworn on oath testifies. Ex# DOC 46 identified by witness, offered & received. Witness excused. Nick Yackovich sworn on oath testifies. Document #55 offered & received. offered Dr. Yackovich as an expert witness. No objection by the State. Court finds expert as to psychology. Shown document 50 offered & received. Back on the record. Witness remains on the stand. Cross examination. Witness excused. Casey Gerber sworn on oath testifies. Witness excused. Jennifer McFadden sworn on oath testifies. Witness excused. Special Agent James Pertzborn sworn on oath testifies. Ex#8 offered & received. Ex#7 offered & received. Witness identifies Ex# 1. Ex#1 offered & received. Witness excused. John Schuetz sworn on oath testifies. Identifies Ex #10-12 offered & received & sealed. Ex#9 offered & not received. Witness excused. Kristi Zubke sworn on oath testifies. Witness excused. Special Agent Jeffrey Lenzer sworn on oath testifies. Identifies Ex#6 offered & received. Ex#2-5 offered & received by the court. Witness excused. Court questions parties if they want to file briefs & they declined. Oral Argument. Court finds the defendant has not met burden of proof & denies reverse waiver motion. Bond continued. Next status hearing on 4/28/21.
4/28/21 Update: Status conference. Kruckenberg Anderson, defendant appeared in Court in custody zoom with counsel Ashley Jade Morse via zoom. Laura Kohl appeared as prosecuting attorney via zoom. Attorney Guy Mason Taylor appeared by video means for Defendant Kruckenberg Anderson. Attorney Andrea N. Winder appeared by video means for Victim Witness #2. Matter set over for DA Pretrial. Pretrial conference scheduled for 8/17/21 at 8:30am.
8/17/21 Update: Pretrial conference. Ashley Jade Morse on behalf of defendant, Kruckenberg Anderson, defendant does not appear. Laura Kohl as prosecuting attorney. Pretrial conference scheduled for 9/7/21 at 8:30am. Notice of hearing - Status hearing on 9/30/21 @ 3pm.
9/30/21 Update: Status conference. Kruckenberg Anderson, defendant appeared in Court in person & in custody with counsel Guy Taylor. Laura Kohl appeared as prosecuting attorney. Attorney Taylor states the matter is not resolved. State will be filing a Notice of Intent for defendant's statement as well as evidence. Court asks defence & state to file any motions by 11/10/21. Matter set over. Status conference scheduled for 11/16/21 at 2:00pm. 11/10/21: Notice of Motion & Motion to determine admissibility of defendant's statements. Notice of intent to introduce expert testimony. Notice of motion & Motion to preclude 3rd party liability evidence. Notice of intent to introduce DNA evidence at trial. Notice of Intent to introduce certified business records. Notice of Motions & Motions in Limine. Notice of motion & motion to admit evidence of defendant's use of the alter-ego "Tyler".
11/16/21 Update: Status conference. Kruckenberg Anderson, defendant appeared in Court in custody with counsel Ashley Jade Morse via zoom, Andria Winder via zoom. Guy Taylor appeared in person. Laura Kohl appeared as prosecuting attorney. State requests a motion deadline. Court grants the states motion deadline. Court orders them to be filed & reviewed by 1/21/22. Matter set over 60 days. Status conference scheduled for 1/27/22 at 9am.
11/17/21: Public defender order appointing counsel. Motion & prop. order for withdrawal of counsel 11/18/21 Motion & Order for withdrawal of counsel. 12/3/21: Motion to extend the deadline for filing pretrial motions. Status hearing 1/19/22.
1/19/22 Update: Status conference. Kruckenberg Anderson, defendant appeared in Court in custody via zoom with counsel Kevin M Smith & Ashley Morse via zoom. Laura Kohl appeared as prosecuting attorney. Attorney Smith requests more time & would like to extend deadline to April 15, 2022. Attorney Kohl does not object, but would like to keep the case moving. Court orders defense attorney's to file their responses to the state motions in 30 days. Defense has until April 15, 2022 to file their motions. Matter set over for review. Status conference scheduled for 2/21/22 at 2:30pm. 2/18/22: Motion to exclude jail phone calls. Defendant's response to Notice of Intent to introduce business records. Defendant's response to Notice of Intent to to introduce expert testimony. Motion to Suppress. Motion to exclude firearm testimony. 2/21/22: Defense response to motion to preclude 3rd party liability.
2/21/22 Update: Status conference. Kruckenberg Anderson, defendant appeared in Court in custody with counsel Kevin M Smith & Ashley Morse via zoom. Attorney Andrea Winder appeared via zoom. Laura Kohl appeared as prosecuting attorney via zoom. 4/15/22 deadline for motions from defense. Parties to continue to provide discovery. Motions to be filed. Bond continues. Matter set over. Scheduling conference scheduled for 4/26/22 at 11:30am. 4/14/22: Public defender order appointing counsel. 4/18/22: Defendant's motion for change of venue.
4/26/22 Update: Scheduling conference. Defendant Kruckenberg Anderson appeared by video, in custody. Attorney Laura Kohl appeared by video for State of Wisconsin as well as Attorney Adrienne Blais. Attorney Faun Michelle Moses & attorney Kevin M. Smith appeared by video for Kruckenberg Anderson. Attorney Andrea N. Winder appeared by video for Witness #2. Motions have been filed. The Court states that the motions need to be addressed & would like to get them on The Courts Calendar. Two motions from defense; Statement of defendant & firearm tool mark (Doc 89 in court record). Supplemental discovery demand has been filed by the defense. States motion is Doc 62, Defense reply is Doc 83. The next motion that needs to be heard is document 89 in the court record. Attorney Smith to prepare a short order. Matter set over for 3 separate motion hearings. Motion hearing scheduled for 6/2/22, 6/3/22 & 7/6/22. 6/2/22: Evidentiary stipulation for 6/2 & 6/3 motions hearings.
6/2/22 Update: Motion hearing. Defendant Kruckenberg Anderson in court, in custody. Attorney Laura Kohl in court for State of Wisconsin. Attorney Faun Michelle Moses in court for Kruckenberg Anderson. Attorney Adrienne E. Blais in court for State of Wisconsin. Attorney Kevin M. Smith in court for Kruckenberg Anderson. States moves for admission of Exhibits #7 through #15. Defense has no objection. The State requests names to not be recorded or distributed. The Court orders no reproduction of photographs or information to the public. Witnesses to be sequestered. Deputy Derek Whitcomb Sworn on oath & testifies under direct. Witness Deputy Derek Whitcomb identifies the defendant. No objections from defense. Exhibit #1 Marked, identified, introduced, offered, received by the Court. Deputy Whitcomb remains on oath & testifies under cross & questioning by the Judge. Deputy Whitcomb excused from his subpoena. Deputy Zachary Degner Sworn on oath & testifies under direct and cross. Deputy Degner excused from his subpoena. Inspector Tanner Gilbert Sworn on oath & testifies under direct & cross. Inspector Gilbert excused from his subpoena. Corporal Mark Binger Sworn on oath & testifies under direct & cross. Deputy Daniel DeNure sworn on oath & testifies under direct & cross. Deputy DeNure excused. Matter to continue 6/3/22 at 1:15pm.
6/3/22 Update: Motion hearing. Defendant Kruckenberg Anderson in court, in custody. Attorney Laura Kohl in court for State of Wisconsin. Attorney Faun Michelle Moses in court for Kruckenberg Anderson. Attorney Adrienne E. Blais in court for State of Wisconsin. Attorney Kevin M. Smith in court for Kruckenberg Anderson. The State calls their first witness. Detective Chris Fiez Sworn on oath & testifies under direct. Witness identifies the defendant. No objection from defense. Attorney Kohl moves the court to admit Exhibit #2 into evidence. No objection from defense. The court receives Exhibit #2. Detective Fiez remains on oath & testifies under direct. Exhibit #5 Marked, identified, offered, received by the Court. Detective Fiez testifies under cross & re direct. Detective Fiez excused from the witness stand. Matter set over to continue on 7/6/22 at 8:30am-12pm. Additional time reserved by the Court on 7/7/22 from 1:15pm to 4:30pm & 8/11/22 from 8:30am to 4:30pm. Bond continues.
7/6/22 Update: Motion hearing scheduled this morning was canceled due to power outage at the Justice Center.
7/7/22 Update: Motion hearing. Defendant Kruckenberg Anderson in court, in custody. Attorney Laura Kohl in court for State of Wisconsin. Attorney Faun Michelle Moses in court for Kruckenberg Anderson. Attorney Adrienne E. Blais in court for State of Wisconsin. Attorney Kevin M. Smith in court for Kruckenberg Anderson. Motion hearing continues. The parties have a prior stipulation of the exhibits that are amicable. Attorney Blais moves to admit Exhibit #16, no objections from defense. Exhibit #16 is received by The Court. The Court has previously received Exhibit #12, 13 & 15. Special Agent James Pertzborn Sworn on oath & testifies under direct. Witness identifies the defendant. No objections. Special Agent James Pertzborn remains on oath & testifies under direct. Exhibit #6 offered to The Court by Attorney Blais, no objection by defense. The Court receives Exhibit #6. Special Agent James Pertzborn remains on oath & testifies under cross & re direct. Special Agent Pertzborn excused from the witness stand. Defense provides the Clerk with flash drives. Exhibits #18-23 Marked, identified, offered, received by the Court. No objection from The State. Next motion hearing scheduled 8/11/22. The Judicial Assistant will be in contact with the parties for additional scheduling.
8/11/22 Update: Motion hearing. Defendant Kruckenberg Anderson in court, in custody. Attorney Laura Kohl in court for State of Wisconsin. Attorney Faun Michelle Moses in court for Kruckenberg Anderson. Attorney Adrienne E. Blais in court for State of Wisconsin. Attorney Kevin M Smith in court for Kruckenberg Anderson. Lourdes Fernandez sworn on oath & testifies under direct & cross. Witness is excused. Jamy Dennis sworn on oath & testifies under direct & cross. Witness is excused. Lieutenant Cody Kanable sworn on oath & testifies under direct. Witness identifies the defendant. No objection from defense. Lieutenant Cody Kanable remains under oath & testifies under cross. Witness is excused. Denise French sworn on oath & testifies under direct. Witness identifies the defendant. Denise French testifies under cross. Witness is excused. The parties have stipulated to what defenses witness C.F. would have testified to. Exhibit #24 marked, identified, offered by the State, received by the Court. Matter set over. Motion hearing scheduled for 9/14/22.
9/14/22 Update: Motion hearing. Defendant Kruckenberg Anderson in court, in custody. Attorney Faun Michelle Moses & Attorney Kevin M Smith in court for Kruckenberg Anderson. Attorney Laura Kohl & Attorney Adrienne E. Blais in court for State of Wisconsin. State calls John Schuetz as a witness. John Schuetz sworn in under oath to testify. State plays Exhibit #3. Cross by Attorney Smith. Attorney Smith presents Exhibit #25; copy of supplemental report by John Schuetz. Witness excused. State has no further witnesses. Matter set over to proceed on 10/13/22. 10/5/22: State's Motion to quash subpoenas.
10/7/22 Update: Motion hearing. Defendant Kruckenberg Anderson appeared by video. Attorney Faun Michelle Moses & Attorney Kevin M Smith in court for Kruckenberg Anderson. Attorney Laura Kohl in court & Attorney Andrea N. Winder appeared by video for Witness #2. Attorney Adrienne E. Blais in court for State of Wisconsin. Court states that there is only one witness to testify on 10/13/22 & we are here today on a motion to deny hearing on suppression that is scheduled on October 14, 2022 & where only 3 witnesses would be called: Victim L.P. & her parents A.P. & J.K. Attorney Smith states that is correct & that he believes that that entitles them an opportunity to file that & be heard. Attorney Blais makes a statement in opposition to the motion. She states that there is no offer of proof that the Victim L.P. or Victim's parents L.P. & J.K., having them testify will give the defense anything good, this is just a fishing expedition. This would work only if the party will bring in a disputed item on any pretrial motion. Defense just wants a crack at them to see what they can get out of them. Victim's mother J.K. was admitted into the Zoom meeting at 3:15pm. Attorney Winder states that the defense should not be allowed to subpoena the victim & her parents to be interviewed or disposed on the stand, this is not constitutionally allowed. Defense is trying to see how they can blame this on the Victim L.P., but they do not know how to do that yet. Her testimony value is zero. Attorney Smith addresses the court again. Attorney Blais responds. Attorney Winder responds. Court states that the hearing on 10/14/22 will be adjourned. On 10/13/22 the defense witness with testify & then we will talk about making a suppression decision. Court asks if parties want to make post-hearing briefs. Parties state that they do not believe it is necessary.
10/13/22 Update: Motion hearing. Defendant Kruckenberg Anderson in court, in custody. Attorney Faun Michelle Moses & Attorney Kevin M Smith in court for Kruckenberg Anderson. Attorney Laura Kohl & attorney Adrienne E. Blais in court for State of Wisconsin. Attorney Smith calls Dr. Brian Cutler to testify. Dr. Brian Cutler sworn on oath & testifies under direct. Exhibit #26 & #27 Marked, identified, offered by defense & received by the Court. No Objection from the State. Dr. Brian Cutler remains under oath & continues testifying under direct. Exhibit #28 Marked, identified, offered by defense. Attorney Blais has not had time to review this exhibit in its entirety. The Court reserves ruling on admitting Exhibit #28. Attorney Smith questions Dr. Cutler about Exhibit #28. Attorney Smith renews his request for the court to receive Exhibit #28. The Court admits exhibit #28. The Court limits testimony today regarding Dr. Cutler testifying regarding what a reasonable person would think. Attorney Smith re visits the early matter of Dr. Cutler testifying regarding what reasonable people believe. Attorney Blais argues the matter. The Court moves on from this matter & maintains previous ruling. Dr. Brian Cutler remains under oath & testifies under cross. Dr. Cutler remains under oath & continues testifying under cross. Attorney Smith re cross. Dr. Brian Cutler is excused. Parties to complete post evidentiary briefs. the State has no objection to simultaneous briefing but, defense prefers the 30-20-10 method. Defense will be requesting the transcript from today's hearing. Transcript will be available by 11/1/22. State's brief to be filed with the Court by 12/1/22. Defense's brief to be filed with the Court by 12/20/22. A reply brief to be due by 1/13/23. An oral ruling will be made regarding these briefs by the Court. The Court clarifies the Denny motion that has been filed. The Court delays decision on the Denny motion today & will rule on this matter at the upcoming oral ruling. The Court listens to the parties argument. The Court does not ask for additional briefs. Defense requests to continue subpoenas. The Court will extend the Subpoenas. Defense requests to handle the change of venue motion today but, the Court will wait on that motion for now. Matter set over for Oral Ruling. Oral ruling scheduled for 1/25/23 at 1:30pm. Status hearing on 1/18/23.
1/18/23 Update: Status conference. Defendant Kruckenberg Anderson in court, in custody. Attorney Faun Michelle Moses & Attorney Kevin M. Smith in court for Kruckenberg Anderson. Attorney Laura Kohl appeared by video for State of Wisconsin. Attorney General Adrienne E. Blais in court for State of Wisconsin. The Court is preparing for oral rulings hearing on 1/25/23. The Court asks for an update on outstanding motions from parties. The Court notes that no formal ruling has been made on change of venue filed in April 2022. Attorney Smith states change of venue will hinge on oral ruling on statements on 1/25/23. Attorney Smith makes the defense's argument on remaining motions of allowable statements, third-party liability & excluding phone calls from jail. Attorney Blais responds with the State's argument to motions. The parties set jury info: 12+3, panel 80, 7 strikes. The Court sets the deadline for filing remaining motions in limine, witness lists & jury instructions for 2/3/23 & set a final pretrial conference for 2/24/23 at 1:30pm. The State inquires about defense's Daubert Motion. That will be addressed at hearing on 1/25/23. The Court directs the State to file a scheduling order from today's proceedings. Bond continues. Matter set over. Final pretrial scheduled for 2/24/23 at 1:30pm.
