Oscar Lemus-Franco (PC: Fox 11 Online)
GREEN BAY, WI (WTAQ-WLUK) – The trial to determine if a man who killed two relatives suffered from a mental disease at the time was postponed Monday from this week until Jan. 10, 2025.
Oscar Lemus-Franco, 32, previously pleaded no contest to two counts of first-degree intentional homicide for the Sept. 28, 2020, incident at a residence on Clement Street. Gerson Alvarez-Franco and Jaime Lemus, both relatives of Lemus-Franco, were shot and killed. He also was convicted of reckless injury for attacking a police officer after his arrest.
Lemus-Franco has also pleaded not guilty by reason of mental disease or defect. The jury will not determine Lemus-Franco’s guilt, as he was already convicted of the murders. However, the jury still must determine if he should be held criminally liable for his actions. If so, he would be sentenced to prison, with mandatory life prison terms for the homicide counts. If not, he would be committed to a secure mental health facility.
A prosecution witness on Lemus-Franco’s psychiatric condition is unavailable for this week’s scheduled trial, so it was postponed to January.
The case has been delayed repeatedly by competency issues, as Lemus-Franco was receiving psychiatric treatment in order to be able understand the court proceedings and assist in his own defense.
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