August 26, 2016 at 3:57 p.m.
Oneida County jury finds Kaukauna man guilty of burglarizing murder house
Oneida County jury finds Kaukauna man guilty of burglarizing murder house
Mark F. Spietz, 39, was found guilty of three counts of burglary and one count of theft between $5,000 and $10,000 Thursday afternoon after jurors heard two days of testimony and argument.
Spietz was arrested Oct. 22, 2015 on allegations he entered a house belonging to Jennifer and Thomas Ayers on four separate occasions and took numerous items belonging to the family.
Jennifer's daughter, Ashlee Martinson, 17, killed the couple on March 7, 2015. She is serving a 40-year prison term - 23 years incarceration and 17 years extended supervision.
Spietz admitted to entering the home and removing four ATVs and other items belonging to the slain couple, but defense attorney Brian Bennett argued at trial that his client only removed the items to secure them in the course of his job with a assets protection firm in Arizona.
From the moment of his initial questioning at the Kaukauna Police Department, by Captain Terri Hook and detective Dan Semmerling of the Oneida County sheriff's office, Spietz maintained he had been on the property and took the items in his capacity as an employee of TruAssets of Scottsdale, Ariz., which secures abandoned or foreclosed properties for banks.
District attorney Michael Schiek, on the other hand, argued that while Spietz may have made his first trip to the Ayers' house for the company, he lacked instructions to return. Schiek said Spietz started taking the ATVs, a riding lawn mower and other valuable items after he learned through an internet search the couple were dead.
After the jury panel of six men and six women was selected and Schiek and Bennett made their opening statements, Schiek called Hook to the witness stand.
Hook, who is in charge of detectives with the sheriff's department, investigated both the double murder and the case against Spietz.
Her testimony provided a foundation for the playing of Spietz' recorded interview with police.
In the video, Spietz tells the detectives that he has been working for TruAssets for almost two years and had been assigned to do an "initial secure" on the Ayers property.
He explained he would receive work orders from the company on his smartphone, which he then printed out. When he arrived at the Ayers' house, he walked around the property, noticing a Ford Explorer in the garage and a package on the front porch. He told the detectives he became concerned that someone might be in the house.
"It didn't seem right," he told the detectives.
After contacting the company, he said he was told to take and send photos of what he could see from the outside. After doing so, he left without entering the house.
About two weeks later, he was sent back to finish securing the property.
"They wanted me to go back and do the initial secure," he said.
When he arrived, he said he noticed a sign on the door from a bank stating that the property was considered abandoned. He said he tried the doorknob and it turned.
"You could just push it open," he told the detectives. He denied forcing the door open or seeing any damage to the door or its frame.
After inspecting and taking photos of the interior for the company, he also inspected the Explorer, getting the registration from inside so he could check on its status. He said it was too new of a vehicle and probably had a loan on it. He initially said he did not take any items from the house on the second trip, but started taking items on the third trip, which he said happened about two weeks after the second visit.
It was after the second trip that he learned of the homicides via an internet search for the owners of the Explorer, he said, adding that he came back a third time and removed more ATVs, using an aluminum trailer on the property to do so.
At this point, Hook could be heard on the video telling Spietz he was under arrest for burglary.
"You can't go into a house and just take things," Hook said.
Spietz was seen continuing to protest that the house was abandoned and that under those circumstances he could remove items. He said if he didn't take the items "the next person sent would."
"You took advantage of the fact that those people were dead," Hook replied. "This whole story you're telling me is not true."
"I just go where they (TruAssets) sends me," Spietz protested.
Hook told Spietz the house was involved in a probate case and access is restricted. Spietz denied knowing about the probate case and said he was authorized by the company to be on the property to secure it.
"My intentions were not to steal dead people's stuff," he said repeatedly during the interview.
He also eventually admitted to making a fourth trip to the property, at which time cameras set up by Hook photographed his truck, a trailer containing a fourth ATV, and himself on the property. In total, he removed four ATVs, a riding lawn mower, a push mower, the propane heater, a farm implement for the riding lawn mower, two compound bows, a tree stand and the purse.
After the video, Hook returned to the witness stand for further questioning by Schiek.
She testified that the house was locked using a key found inside and that key was secured in the sheriff's office property room. She said she accompanied people into the house on five occasions as part of the case against Martinson or to assist Thomas Ayers' sister in getting items for his three children. After each visit, she said the house was again secured.
She also said that several people had been caught trespassing on the property, and one person had broken in to steal some of Martinson's artwork. As a precaution, deputies and even Hook herself make frequent inspections of the property.
Although Spietz said he had printed work orders from TruAssets to be on the property they were only able to locate the first one, she added.
During her testimony, Hook read a section of the initial secure work order that specifically said "personal property" could not be removed from the property or stored.
Schiek then entered a total of 28 exhibits consisting of photos of the items Spietz removed from the house, including those of documents he said represented what Thomas Ayers paid for three of the ATVs and the riding lawn mower.
The photos also showed where the items were found.
After Schiek completed his questioning of Hook, Bennett objected to the admission of several of the exhibits, but Bloom overruled him.
During cross-examination, Bennett asked Hook if she had ever seen a thief also take documentation like Spietz did. She replied that it's not common and added that the only reason someone would do so would be to attempt to register them in their own name.
Hook also said that there were no signs or crime scene tape on the doors to the house and that the driveway was not blocked in any way. She also said that she checked to see if Spietz had either an eBay or Craigslist account but didn't find one.
"If he had a Craigslist account, that would have meant he wasn't being honest with us," Hook told Bennett.
Under redirect from Schiek, Hook said Spietz had intended to give the two smaller ATVs to his children. She also testified that when she contacted TruAssets she learned they only issued Spietz one work order to go to the Ayers' property as the organization decided that it would be "too costly" to continue. The property was secured by another asset management company, she added.
Schiek rested his case after Hook left the stand. Bennett then moved for a directed verdict on the grounds the district attorney had not proven his client had committed a crime.
Bloom denied the motion.
At the start of the second day Thursday, Bennett called his client to the stand.
Spietz said he received very little training or direct supervision from TruAssets beyond webinars on winterization and how to take photos of properties for the company with his cellphone.
"I've never met anyone in person from TruAssets," he said.
He then reiterated much of what he told investigators in his police interview, primarily that he did not enter the house until the second visit to the property, when he said he was sent back to "inspect, photograph, secure and identify items of value" inside. He said he was unable to replace the locks on the main house because he had forgotten to bring new ones with him.
He said he took the two compound bows because he considered them dangerous weapons that should not be left unsecure. He also took Jennifer Ayers' purse containing numerous credit cards and IDs in both her married and maiden names.
He also admitted that he used the large aluminum trailer on the property to remove two ATVs, the riding lawn mowers and other large items from the garage, along with the paperwork that went to them.
"I wanted to get the bigger items out as the building was not secure," he told Bennett.
He testified that he took the items to secure them in case a bank contacted TruAssets to request them back.
"In my experience, if someone was going to ask for it, they would, and then we would give it back. If not, then I guess we're allowed to keep it," Spietz said, adding that he would often hold onto items for several months unless told otherwise by TruAssets.
When Bennett asked Spietz about the paragraph in the work order instructing him not to remove personal items, he said he didn't consider the items he took personal items. He said he considered items like photographs to be personal items.
Under cross-examination by Schiek, Spietz said all he had to do to work for TruAssets was pass a background check, have proof of insurance and take the webinars. He was not required to take any specialized training, had no certificate or identification that he worked for the company and received no oversight. He also admitted that 20 years ago he studied police science for three years at a technical college.
Schiek questioned Spietz regarding the second trip when he entered the house for the first time.
"You opened the door of the house, there's no other way to put it," Schiek asked.
"Correct," Spietz replied.
When asked if he noticed anything unusual at the top of the stairs to the second floor, Spietz said there were "a couple large spots on the floor" where Martinson had killed her parents.
He said he didn't think anything of the spots at the time.
Schiek also questioned Spietz about why he went back into the house a second time on that trip.
"You formed the intent to go back in the home and take those items?" the DA asked.
"Yes," was Spietz's answer.
He also admitted to Schiek that he probably spent 90 minutes on the property on the second trip but did nothing to secure the house or the two outbuildings, which he said were also unlocked or could be easily entered.
In regards to the third trip, Spietz admitted he intentionally came to the property without a trailer so he could take the large trailer on the property loaded with the two full-size ATVs and the riding lawn mower.
Schiek showed him the paperwork he received from TruAssets and the part that said not to remove personal property from the home.
"Don't you think a four-wheeler is someone's personal property?"he asked.
"I'm not sure," Spietz replied.
He also admitted that he was supposed to send a list of items on the property, along with an estimate for how much he would like to be paid to remove and store them, but failed to do so. He also testified he never told TruAssets which items he removed.
On redirect by Bennett, Spietz did change his definition of personal property.
"I have a UTV, and I would consider that personal property," he said. "I consider personal property to be something I hold dear."
During his closing argument, Schiek showed the jury the paperwork Spietz said he received from TruAssets.
"There is nothing in this order, and I've read through it several times, that allowed him to do what he did," Schiek told the jury.
He also told the jury that by the third trip, Spietz knew about the murders and knew he had no right to be on the property. Once he knew the owners of the property were dead, Spietz consider the property "a jackpot," the prosecutor argued.
During his closing remarks, Bennett said the driveway to the property should have been blocked. He also showed a sign he made on his computer that the sheriff's office should have placed on the doors to the house warning that it was a crime scene.
"Common sense dictates you hang a sign," Bennett said.
After the first day of the trial, this reporter asked Hook why a sign wasn't on the door.
She said once the investigation was complete and the house was no longer considered an active crime scene, the department had no legal authority to do so.
Bennett also told the jury that through the video of the interrogation of his client, the detectives were not interested in Spietz's answers as all they wanted was a confession to the crimes they were accusing him of committing.
"And they got straight answers," Bennett said. "If he is a burglar, he is possibly the worst burglar in history."
Bennett said his client had no knowledge of the probate case because that case has been sealed by O'Melia to protect Thomas Ayers' three daughters.
"He had no intent to steal," Bennett said. "He had the intent to do his job."
"The DA says this was a jackpot, when it really was a burden," he added.
During his rebuttal, Schiek agreed that Spietz was not a good burglar.
"But if stupid criminals cannot be punished, I'd be out of a job," he said.
He added that it isn't law enforcement's job to protect crime scenes after the investigation is complete. He said that Spietz was using his job to find properties such as this that he could clean out.
"Ironically, the person who was supposed to secure the property actually made it worse," Schiek concluded.
After the jury found Spietz guilty of the three class F and one class H felonies, Bloom dismissed them.
After being assured by Spietz that he would return for his sentencing on Oct. 6, Bloom declined to revoke his bond and have him taken into custody.
"We disagree with the jury's verdict, but we respect their decision," Bennett said. "We do anticipate an appeal in this matter."
Schiek declined to comment on the verdict. A spokesperson for TruAssets also declined to comment.
Jamie Taylor may be reached at jtaylor @lakelandtimes.com.
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