APPLETON, WI (WTAQ-WLUK) — Alexander Kraus, who was convicted of killing his grandparents, says he should get a new trial, arguing the jury made a mistake when it determined Kraus was able to conform his actions to the law because of his mental illness, an appeal argues.
Kraus, now 24, is serving back-to-back life sentences for killing Dennis and Letha Kraus at their Grand Chute home April 14, 2019.
The jury determined he suffered from a mental disease, but rejected Kraus’s assertion that he lacked the ability to conform his behavior to the law or that he could not appreciate the wrongfulness of his behavior.
The appeal filed Monday challenges that decision and asks for a new trial in the interests of justice. It notes he was diagnosed with autism at an early age and was being treated for ADHD, as well as depression.
The question for the jury to decide is not whether Kraus knew on some level that shooting his grandparents was wrong or illegal. Therefore, Kraus’s knowledge that shooting them could result in their death does not mean he was capable of appreciating the wrongfulness of shooting them, nor does it mean he was capable of conforming his behavior to the law. Kraus’s knowledge that they were shot and whether he knew they were dead after he shot them, again, does not mean he was capable of appreciating the wrongfulness of shooting them, nor does it mean he was capable of conforming his behavior to the law. Therefore, there is a substantial probability of a different result if this case were retried,” wrote attorney Erica Bauer.
The state has not replied to Kraus’ brief. It will be several months before a decision is released.
An Outagamie County judge previously rejected a motion for a new trial. Kraus also argued then he “suffered from a mental disease or defect, that he could not conform his behavior to the law and that he did not appreciate the wrongfulness of his conduct as a result” — but the judge rejected the motion.
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