APPLETON, WI (WTAQ-WLUK) – Alexander Kraus, who was convicted of killing his grandparents, should not a get a new trial, the state argues in a new appeals court brief.
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.
His appeal challenged 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.
In a 24-page brief filed Tuesday, Assistant Attorney General Michael Conway urged the appeals court to uphold the conviction.
“Kraus is not entitled to the extraordinary remedy of a new NGI trial in the interest of justice. While Kraus relies heavily on the fact that the three psychologists who examined him all concluded that he was entitled to the NGI defense, he overlooks how their rationales for those conclusions differed and even conflicted. In addition, the jury could reasonably find that Kraus malingered his self-reported delusions, which undermined the factual basis for the opinions of two of the three psychologists. Finally, the jury had substantial nonmedical evidence from which to find that Kraus was mentally responsible for his crimes. For these reasons, this Court should deny Kraus’s request for a new NGI trial in the interest of justice,” Conway wrote.
NGI refers to ‘not guilty by insanity.’ It’s used as shorthand for the formally-named ‘not guilty by mental disease or defect’ cases before the courts.
Kraus’ attorney will have a chance to reply before the appeals court issues a ruling.
A decision is likely months away from being released.
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