GREEN BAY, WI (WTAQ-WLUK) — Jackson Vogel’s Jan. 27 trial for allegedly killing his cellmate at Green Bay Correctional Institution was postponed Tuesday to allow the defense time to get an expert on his insanity defense.
No trial date was selected Tuesday. Judge Donald Zuidmulder is giving prosecutors time to arrange for a possible rebuttal expert. A March 17 status conference will be held to determine a trial date.
Vogel, 25, 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.
Defense attorney Ann Larson told the court Tuesday her expert needs until mid-March to interview Vogel and complete a report for the court.
The defense also raised the issue of challenging the admission of statements Vogel made to police. But Assistant District Attorney Caleb Saunders said he and Larson have come to an agreement about what content will be used, alleviating the need for the court to address the issue.
Laureano had 18 months left on a three-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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