January 23, 2019 at 4:42 p.m.
Oungst pleads not guilty to harboring a felon
Defense will object to one jury trial for both cases
Oungst pleads not guilty to harboring a felon
By Abigail Bostwick-
Evan Oungst, 28, Arbor Vitae, was in court Tuesday morning before substitute judge Kevin Kline with local attorneys Thomas Wilmouth and Amy O'Melia and newly-added lawyer Mike Steinle of Milwaukee. Oungst requested and was granted a substitute judge last year.
Oungst was arrested in early 2018, along with James Lussier, 20; Joseph Lussier, 27; Richard Allen, 28; and Curtis Wolfe, 28, and charged with first degree intention homicide (with use of dangerous weapon as party to a crime) and hiding a corpse (as habitual criminal and party to a crime) in the homicide of Wayne Valliere, Jr., 25, who was driven to a wooded area near Mercer and beaten and shot.
The men then allegedly hid the body and returned home, court records say.
Oungst pled not guilty to the murder and hiding of a corpse charges last year. Tuesday, Wilmouth entered not guilty pleas on all counts included in the second case filed against his client in late 2018 - nine charges of harboring a felon and five charges manufacturing/delivering a prescription drug for allegedly hiding pieces of Joseph Lussier's and Allen's clothes worn during the murder and giving his prescription of Gabepentin to Valliere and the others charged.
Appearing via video conference, Wilmouth told Kline that he continues to challenge count nine in the case.
"That challenge remains that the county violates the double jeopardy clause," Wilmouth said.
Kline questioned if the count had been fully briefed on both sides.
Special state prosecutors and assistant attorney generals Richard Dufour and Chad Verbeten, appearing in person, indicated they have.
"I don't believe any further briefing is necessary," Dufour said.
Wilmouth agreed all of his briefing had been filed.
The prosecution is expected to file a motion in the coming days requesting the murder case and harboring case be combined for one jury trial, versus two.
"Would you object?" Kline asked.
"It would be an objection, yes," Wilmouth said.
The earliest possible jury trial in either matter would be in late summer to early fall, it was indicated.
A number of motions have been filed in the homicide case, which are expected to be addressed at a future court date yet to be scheduled. Dufour requested that date be around 90 days out due to a full calendar on his part.
Allen and Joseph Lussier were found guilty by jury trial in August. Wolfe, who testified against Allen and Lussier, is set for jury trial in May.
The state prosecution and Oungst's lawyers will work out future court dates with Kline's assistant.
Comments:
You must login to comment.