L-R: Alejandro Cantu, Gustavo Cantu and Jacob Ventura (Photos source: Brown County Jail)
GREEN BAY, WI (WTAQ-WLUK) — In separate hearings Friday, two judges and a handful of lawyers agreed prosecutors have the ability to ask for three suspects in a Green Bay murder to be tried together, but none are sure of the proper way to determine if it should happen. With one of the trials just two weeks away, all of the parties will do additional research before a decision is made.
Gustavo Cantu, Alejandro Cantu and Jacob Ventura are each charged with being party to the crime of first-degree intentional homicide for the shooting death of Randall Denny at Perkins and Western avenues on April 30, 2022. Police have said the murder appeared to a drug deal.
Because of the way cases are assigned as they are filed, all three are appearing before different judges. So far, only Alejandro Cantu has a trial date set, on Feb. 9.
On Thursday, Brown County District Attorney David Lasee filed a motion seeking to join the cases. He argued that with more than 50 identical witnesses in each case, it makes logistical sense to try them together, rather than hold three trials.
On Friday morning, Judge Marc Hammer — who is presiding over Ventura’s case — said based on his initial research, the state can make the request, but he wasn’t sure of the procedure to decide the issue — including which judge would make the decision.
Judge Hammer noted one option would be to dismiss all three cases, while allowing the state to re-file them and starting over before one judge. However, given that the cases are nearly two years old already, that would be least desirable option, in his view.
Defense attorney May Lee noted she would not be ready for a Feb. 9 trial, and isn’t ready to argue the merger motion itself.
Lasee also agreed there are procedural options with no defined path for making the decision.
Judge Hammer set a status conference for Feb. 23.
On Friday afternoon, Judge Thomas Walsh — who is presiding over Alejandro Cantu’s case — agreed with Judge Hammer’s assessment that there’s not a set procedure for determining who would hear the state’s motion.
Defense attorney Stephanie Rock asked the judge to simply deny the motion, saying she’s ready for trial to start in two weeks, and her client doesn’t want a delay.
Lasee acknowledged the late filing of the motion, but said it only became obvious during trial preparations in the last week there was such significant overlap and that it didn’t make sense to hold three trials.
Judge Walsh denied the defense request to deny the motion, saying it should be heard and the possible efficiencies are worthy of consideration. However, he also is keeping the Feb. 9 trial on the calendar — but admitted if the cases are merged that it would likely be postponed.
That said, because of the uncertainty about which judge should hear the case, he will consult with the other two judges and the region’s chief judge for guidance. He scheduled a Feb. 5 hearing, which may be to hear the joinder motion.
Judge Kendall Kelley is presiding over the case for Gustavo Cantu. Currently, the next scheduled hearing in that case is March 26, which is after Alejandro Cantu’s trial date.
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