August 1, 2018 at 6:19 p.m.
Jury trial next week for two men accused in Iron County murder case
Jury trial next week for two men accused in Iron County murder case
By Abigail Bostwick-
Richard Allen, 28, and Joseph Lussier, 27, both of Lac du Flambeau, were in court Monday afternoon for a final pretrial hearing in advance of an 8-day jury trial to commence after the jury has been selected.
The two are charged with first-degree intentional homicide and hiding a corpse (both as a party to the crime) in connection with the death of Wayne Valliere Jr., 25.
James Lussier, 19, Woodruff, Curtis Wolfe, 26, Lac du Flambeau, and Evan Oungst, 28, Arbor Vitae, are facing the same charges but their cases have not been scheduled for trial.
A pool of 110 prospective jurors has already been reduced to 85, according to Iron County Judge Patrick Madden. Jury selection is expected to take all day Monday before trial proceedings continue Tuesday. The trial for both men before one jury is expected to last 8 days from 9 a.m. to 5 p.m. There will be a 45-minute lunch break each day.
Because the courtroom is so small, proceedings will be video cast in another smaller courtroom at the courthouse for overflow observers, Madden said.
"I won't limit law enforcement in any fashion in securing the courtroom," the judge added. "It will be safe for the jurors and people who observe the trial."
Allen initially filed a motion requesting a new attorney to replace state public defender James Lex. Allen indicated Lex had not been "...professional for preparation, therefore, defense counsel performance renders the trial fundamentally unfair."
Madden denied the motion July 25 and reiterated Monday that Allen had not filed the motion correctly. When questioned on July 25, Allen said of Lex, "I have full faith in him going forward from here."
The remainder of Monday's hearing was spent reviewing pre-trial motions filed by Lex, prosecutor Richard Dufour, and Joseph Lussier's attorney, Craig Haukaas. The defense opposed showing the jury a photo of Valliere, however Madden ruled that one in-life photo could be shown to jurors but not left on display.
Lex also had requested that the state make no reference to Valliere being aware that he was going on his "last ride" before his death.
"It's speculative, it's not relevant," said Lex.
"It's pure conjecture on part of these people," Haukaas agreed.
Dufour opposed the motion, indicating the relevance to premeditation of the alleged crime.
Both sides will also be able to question the use of drugs, alcohol and "psychotropic medications" as they relate to the timeframe of the murder.
"If this is an issue, it will be addressed," noted Madden.
Lex asked if his client would be shackled or required to be in a jail uniform.
Iron County Sheriff Tony Furyk noted he didn't want to do anything to jeopardize the trial, but safety was his number one priority.
"We'll see how they behave...and will increase security as I think it is appropriate to keep everyone safe," said Furyk.
Additionally, Lex did not want the state to reference a pending burglary case in Oneida County in which Allen and several other men are accused of stealing weapons, including the gun the state believes was used to kill Valliere.
The state agreed not to use the burglary case in arguments, though it was noted the alleged victim of the burglary is expected to testify that the gun thought to be used in the homicide was his, and the rear sight was loose when he last had it in his possession. The rear sight of the gun believed to have been used in the homicide was found where Valliere's body was recovered.
Valliere was found deceased in a remote area in the town of Mercer in January after Oungst guided police to the location. An autopsy indicated Valliere died of "multiple gunshot wounds."
According to court records, Joseph Lussier is reported to have made statements to a cellmate that he and Allen shot Valliere. Some accounts indicate Allen shot Valliere in the face just before Joseph Lussier fired multiple shots into Valliere's body.
Also while in jail, court reports allege Joseph Lussier tried to recruit an individual to become involved with the Native Soldiers gang. He allegedly wanted the individual to be part of the gang to kill Allen as he was "...talking too much about the murder."
All five men remain jailed on $1 million cash bonds, with the exception of Oungst, who was released on a lowered bond to the home of his parents in Arbor Vitae and remains on house arrest. If convicted, all five face life in prison.
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