L-R: Alejandro Cantu, Gustavo Cantu and Jacob Ventura (Photos source: Brown County Jail)
GREEN BAY, WI (WTAQ-WLUK) – It appears the judge presiding over the first trial scheduled for three suspects in a Green Bay murder may decide if the cases are merged – and if that trial has to be delayed as a result.
Gustavo Cantu, Alejandro Cantu and Jacob Ventura are each charged with being party to the crime of first-degree intentional homicide for the shooting death of Randall Denny at Perkins and Western avenues on April 30, 2022. Police have said the murder appeared to be tied a drug deal.
Because of the way cases are assigned as they are filed, all three are appearing before different judges. So far, only Alejandro Cantu has a trial date set, starting on Feb. 9.
However, Brown County District Attorney David Lasee filed a motion Jan. 25, asking for the three cases to be merged. He argued that with more than 50 identical witnesses in each case, it makes logistical sense to try them together, rather than hold three trials.
At separate hearings Friday, however, two judges and the attorneys involved weren’t sure of the proper procedure to make the decision, given the rare nature of the request. They agreed then to continue research and discussion.
Letters from the three separate defense attorney teams, including one filed Wednesday, revealed progress is being made.
Attorneys Angela Cunningham and May Lee, who represent Ventura, said the three defense teams agree Judge Thomas Walsh – who has the Alejandro Cantu case – should decide if the cases will be merged.
Given the circumstances, it is most efficient for all three defendants to appear before the same judge to decide whether the cases should be joined. Alejandro Cantu’s case will be the most immediately affected by a joinder given the upcoming Jury Trial. After consultation with counsel for the other defendants, all parties agree to appear before Judge Walsh,” the letter states.
Letters filed by the attorneys for Cantu brothers concur that Judge Walsh should decide the issue.
District Attorney Lasee has not formally replied to the letter on if he agrees with Judge Walsh hearing the motion. At the hearing last week, however, Lasee suggested he was open to that.
Also, there is nothing filed in any of the cases indicating if the other two judges – Judge Marc Hammer and Judge Kendall Kelley – also agree with Judge Walsh handling the motion.
The agreement on who should hear the case doesn’t mean the three defense teams agree on what should happen, however.
Stephanie Rock, Alejandro Cantu’s attorney, continues to object to joinder motion, as she wants his trial to proceed as scheduled next week. A letter from Corey Mehlos, who represents Gustavo Cantu, said he needs to discuss the issue with his client before taking a position. Lee, who represents Ventura, said in court last week she would not be ready for a February trial, but did not take a position then on a merger.
The issue is scheduled for hearing before Judge Walsh on Monday, Feb. 5.
As of now, Judge Hammer has a Feb. 23 status conference set for Ventura’s case, while Judge Kelley has a March 26 status conference in Gustavo Cantu’s case. Trial dates have not been set in those two cases.
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