Kenosha's 19 year-old 'letter from the grave' case is headed back to federal court.
Mark Jensen was convicted of poisoning his wife after the jury considered a letter which Julie Jensen had written indicating that if anything should happen to her, authorities should question her husband.
A federal court ruled that the letter should not have been used because use of a 'letter from the grave' inherently did not give the defense a chance to cross examine its author. Judge William Griesbach ordered a new trial.
Since then, additional case law has developed, leading Kenosha Judge Chad Kerkman to reaffirm the letter's use in the new trial.
Today, as a result of a prosecutor's motion, Kerkman canceled the new trial. "It doesn't make a whole lot of sense to me, as far as judicial economy, to have a new trial on the same evidence as in the first trial," Kerkman said from the bench.
Jensen's attorney, Deborah Vishny, disagreed, saying new developments could lead to a different verdict even with the letter. She's appealing. "We expect Mr. Jensen will prevail and eventually there will be a trial in this matter," she told reporters afterward.
No word on when Griesbach might rule in this latest appeal.
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