Bernie
02-13-2009, 11:31 PM
Hainstock to continue appeal
BRIAN D. BRIDGEFORD/NEWS REPUBLIC
Eric J. Hainstock in January 2007.
By Brian D. Bridgeford /News Republic
The attorney for convicted Weston High School shooter Eric J. Hainstock has told the court he wants to throw in the towel, but his client intends to continue an appeal of his life prison term for killing school Principal John Klang.
On Wednesday, Wauwatosa-based attorney Paul G. Bonneson filed a motion to withdraw from the role as Hainstock's appeals counsel with the Sauk County Circuit Court.
In the motion he notes Sauk County Judge Patrick Taggart ruled against Hainstock's appeal for a new jury trial in December.
In his ruling, Taggart rejected the defense contention that Hainstock, then 15, was not competent to waive his right to remain silent when he was interviewed a few hours after shooting Klang on Sept. 29, 2006. No attorney was present when the officers spoke with Hainstock at the Sauk County Law Enforcement Center.
During that interview, Hainstock tells a Sauk County detective and state investigator he fired three shots intentionally because of his anger over Klang's failure to stop harassment he received at school.
During his jury trial in the summer of 2007, Hainstock claimed the shots were accidental, or not intended to kill Klang. The jury believed Sauk County District Attorney Patricia Barrett's charge he fired intentionally and found Hainstock guilty of first-degree murder at the age of 16.
Taggart imposed a life sentence on Hainstock, with the proviso that he could make his first application for supervised release, called extended supervision, after 30 years.
In his motion, Bonneson says he believes Hainstock has no legitimate arguments which might overturn or alter his conviction and sentencing.
"On Jan. 5, 2009, (Bonneson) sent a letter to Hainstock, advising him that counsel had concluded that there are no issues in this case which would have an arguable merit on appeal," Bonneson wrote the court. "On Jan. 17, 2009, counsel received a letter from Hainstock, informing counsel that Hainstock wishes to proceed (for himself) on appeal and that counsel should file a motion to withdraw."
Bonneson writes Hainstock is being held at the state prison in Green Bay. He tells Judge Taggart if the motion to withdraw is approved, he will send trial transcripts, court records and evidence to Hainstock.
Tuesday afternoon, Bonneson declined to say anything about the case when contacted by phone at his office.
A representative of the appeals division of the Office of the State Public Defender also would not comment on whether the PDs would continue to provide legal representation of Hainstock if he continues to dispute his conviction or the sentence.
"I can't give you any client-specific information," said Ken Lund, an attorney manager in Madison.
Judge Taggart said Bonneson has requested a formal hearing at which Hainstock will give his statement on his attorney's desire to withdraw from the case before the judge rules on the motion. Hainstock might be brought to Baraboo from Green Bay, or they could hold the hearing by video conferencing link in the way bail hearings are commonly held for inmates at the county jail.
Sauk County court records have the motion hearing set for March 3, however, Taggart said Thursday not all parties can attend a hearing that day. He expected it to be set on a new date in the near future.
http://www.wiscnews.com/bnr/news/438297
BRIAN D. BRIDGEFORD/NEWS REPUBLIC
Eric J. Hainstock in January 2007.
By Brian D. Bridgeford /News Republic
The attorney for convicted Weston High School shooter Eric J. Hainstock has told the court he wants to throw in the towel, but his client intends to continue an appeal of his life prison term for killing school Principal John Klang.
On Wednesday, Wauwatosa-based attorney Paul G. Bonneson filed a motion to withdraw from the role as Hainstock's appeals counsel with the Sauk County Circuit Court.
In the motion he notes Sauk County Judge Patrick Taggart ruled against Hainstock's appeal for a new jury trial in December.
In his ruling, Taggart rejected the defense contention that Hainstock, then 15, was not competent to waive his right to remain silent when he was interviewed a few hours after shooting Klang on Sept. 29, 2006. No attorney was present when the officers spoke with Hainstock at the Sauk County Law Enforcement Center.
During that interview, Hainstock tells a Sauk County detective and state investigator he fired three shots intentionally because of his anger over Klang's failure to stop harassment he received at school.
During his jury trial in the summer of 2007, Hainstock claimed the shots were accidental, or not intended to kill Klang. The jury believed Sauk County District Attorney Patricia Barrett's charge he fired intentionally and found Hainstock guilty of first-degree murder at the age of 16.
Taggart imposed a life sentence on Hainstock, with the proviso that he could make his first application for supervised release, called extended supervision, after 30 years.
In his motion, Bonneson says he believes Hainstock has no legitimate arguments which might overturn or alter his conviction and sentencing.
"On Jan. 5, 2009, (Bonneson) sent a letter to Hainstock, advising him that counsel had concluded that there are no issues in this case which would have an arguable merit on appeal," Bonneson wrote the court. "On Jan. 17, 2009, counsel received a letter from Hainstock, informing counsel that Hainstock wishes to proceed (for himself) on appeal and that counsel should file a motion to withdraw."
Bonneson writes Hainstock is being held at the state prison in Green Bay. He tells Judge Taggart if the motion to withdraw is approved, he will send trial transcripts, court records and evidence to Hainstock.
Tuesday afternoon, Bonneson declined to say anything about the case when contacted by phone at his office.
A representative of the appeals division of the Office of the State Public Defender also would not comment on whether the PDs would continue to provide legal representation of Hainstock if he continues to dispute his conviction or the sentence.
"I can't give you any client-specific information," said Ken Lund, an attorney manager in Madison.
Judge Taggart said Bonneson has requested a formal hearing at which Hainstock will give his statement on his attorney's desire to withdraw from the case before the judge rules on the motion. Hainstock might be brought to Baraboo from Green Bay, or they could hold the hearing by video conferencing link in the way bail hearings are commonly held for inmates at the county jail.
Sauk County court records have the motion hearing set for March 3, however, Taggart said Thursday not all parties can attend a hearing that day. He expected it to be set on a new date in the near future.
http://www.wiscnews.com/bnr/news/438297