Gerald Turner appears before Fond du Lac County court, March 8, 2024. (Zoom)
FOND DU LAC, WI (WTAQ-WLUK) — A judge denied Gerald Turner’s motion to dismiss the state’s efforts to have the “Halloween killer” committed as a sexual predator.
Turner, 75, was convicted of sexually assaulting and killing 9-year-old Lisa Ann French while she was trick-or-treating in Fond du Lac in 1973. Her body was found a few days later in the town of Taycheedah.
His prison term complete, the state filed suit in 2018, seeking to have Turner deemed a sexually violent offender, and ordered to remain at a secure mental health facility under the Chapter 980 sexual predator law. His attorneys have opposed the request and want him released. Six years later, that process is still going on.
Turner’s attorney, Robert Peterson, wants the case dismissed, arguing in court Monday the state doesn’t have the expert witness testimony necessary to support the sexual predator finding. With no factual disputes, the case should be dismissed.
Assistant Attorney General Devra Ayala contended the defense’s legal argument was flawed, arguing the law doesn’t allow summary judgment at this stage. Re-litigating the probable cause hearing now isn’t appropriate.
Judge Anthony Nehls said the way the law is written, summary judgment is not an option.
“The court’s analysis of the Chapter 980 procedures versus the summary judgment procedures reveals that the two procedures are not only different, but are inherently inconsistent. In short, summary judgment is unworkable in 980 actions,” Judge Nehls said.
Because this is the first time a circuit court has addressed this issue, the ruling could be appealed Peterson said. A status conference was scheduled for March 12 to give Peterson time to review the decision with Turner and determine the next step.
At a previous hearing, the attorneys indicated the case could eventually make its way to the Wisconsin Supreme Court.
Turner is currently held at the Sand Ridge Secure Treatment Center in Mauston.
After serving 17 years in prison for a 38-year sentence, Turner was released from prison in 1992 but returned to prison that same year following a court decision challenging calculation of time served. Turner was again released on parole in 1998 but returned to prison in 2003 for 15 years after pornographic images were found on his computer.
Comments