September 1, 2022 at 11:15 a.m.
Overdose death case set for trial but resolution still a possibility
Overdose death case set for trial but resolution still a possibility
By River News Staff-
During a brief pretrial conference Monday afternoon, the attorney for Dalton U. Kamp told the court that a written offer and counteroffer had been exchanged and negotiations between himself and Cass Cousins, the special prosecutor in the case, continue.
Kampf is charged with first-degree reckless homicide/deliver drugs and possession of heroin (<= 3G) with intent to deliver related to the death of a woman found unresponsive in her Newbold home on Aug. 27, 2019.
Following a forensic autopsy, the woman's cause of death was listed as "heroin toxicity."
According to the criminal complaint, detectives spent over a year pursuing leads, waiting on lab results and interviewing witnesses before Kampf was arrested in March 2021.
He entered not guilty pleas to both charges at arraignment May 3, 2021.
In November 2021, defense attorney Eric Sheets filed a motion arguing that Oneida County investigators interviewed his client in February of 2020 and March of 2021 despite having been previously advised that Kampf had "explicitly invoked his right to remain silent and would not answer any questions at any point regarding this matter without his attorney present."
Four weeks later, Sheets also filed a motion asking that the county provide funding for a DNA expert to be retained. While he has been retained as a private attorney, Sheets said Kampf and his family do not have the resources to pay for a DNA expert.
According to the probable cause statement included in the criminal complaint, a plastic baggie containing a small amount of a white substance was found in the same room as the deceased.
"Testing showed the plastic baggie contained a 'three-person mixture of DNA' that included Kampf," the complaint alleges.
"The results indicated that the Defendant was responsible for approximately 65% of the DNA in the mixture, (the deceased) was responsible for approximately 33% of the mixture, and an unknown person was responsible for 1-2%," the complaint states.
Both motions were resolved in late January 2022 with Oneida County circuit judge Mike Bloom denying the request for funding for a DNA expert and clarifying which parts of Kampf's statements to investigators would be admissible at trial.
Kampf was back in court on Aug. 2 at which time Cousins confirmed that he would remain on the case despite his recent appointment as district attorney in Portage County.
As there is an offer under review, during Monday's hearing Bloom scheduled another pretrial conference for Sept. 13.
If convicted of the homicide charge, a Class C felony, Kampf could be sentenced to up to 40 years in prison.
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