GREEN BAY, WI (WTAQ-WLUK) – Jackson Vogel’s Jan. 27 trial date for allegedly killing his cellmate at Green Bay Correctional Institution remains on the calendar, but problems getting psychiatric experts could lead to a postponement.
Vogel, 24, faces one count of first-degree intentional homicide for the Aug. 27 death of Micah Laureano at the prison in Allouez. The charges include hate crime enhancers, as Vogel allegedly targeted Laureano due to his race and sexual preference. Vogel told police he choked Laureano.
Vogel pleaded not guilty and not guilty by reason of mental disease or defect, sometimes called the insanity plea.
In such cases, the defense obtains a psychiatric expert to offer testimony supporting the claim Vogel could not discern right from wrong due to a mental disease or defect. Presuming such a witness is found, prosecutors have the ability to get the own expert, to perhaps offer counter testimony.
In court Friday, defense attorney Ann Larson said it does not have a report completed yet, and asked for 30 days for it to be completed.
Judge Donald Zuidmulder expressed concerns that waiting that long – and then giving prosecutors their time – could put the Jan. 27 trial date in jeopardy.
Assistant District Attorney Caleb Saunders said the state would also try to get its expert’s report done to keep the trial date, but didn’t know if it would have the same issues in getting an expert, getting access to Vogel in prison, and getting the report done in time.
The defense was given until Dec. 6 to provide an update on the psychiatric report.
Laureano had 18 months left on a 3-year sentence for crimes in Waukesha and Columbia counties that include robbery use of force, first-degree recklessly endangering safety and substantial battery. Vogel is serving a 20-year sentence for trying to kill his mother in Two Rivers when he was 16.
Phyllis Laureano, Micah’s mother, says she was looking into filing a wrongful death civil rights lawsuit, contending Micah should not have been placed in the same cell as Vogel.
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