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| Chai Vang, accused of killing six hunters in northern Wisconsin in November, pleaded not guilty to the crime during a court appearance Wednesday. (MPR Photo/Bob Kelleher) |
Hayward, Wis. — It was unclear right up to Wednesday morning's hearing whether it would be held at all. Still, a Sawyer County courtroom was packed, and security was tight. Front bench seats were reserved for family of the shooting victims. Police screened everyone and closely monitored the courtroom.
Soon after the proceedings opened, defense attorney Steven Kohn asked that the hearing be waived. Sawyer County Circuit Court Judge Norman Yackel made sure the defendant, Chai Vang, understood and agreed with that request.
Vang then entered a plea of not guilty to the charges lodged against him.
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An additional charge was added to the list already facing Vang -- six counts of first-degree intentional homicide in the shooting deaths of six hunters, and two counts of attempted first-degree murder for the shooting of two victims who survived. But Wisconsin Attorney General Peg Lautenschlager says one of the victims was shot at more than once.
"We have changed the criminal complaint from one count of attempted first-degree murder against Mr. Vang, regarding the shooting of Mr. Hesebeck, to two counts," Lautenschlager said. "We are alleging that the incidents where Mr. Hesebeck was shot at were discrete incidents."
The hearing would have considered whether enough evidence exists to hold over Vang for trial. Defense attorney Steven Kohn says he'd been given autopsy reports and investigator's statements that prosecutors would have entered. Kohn said there was nothing to gain by proceeding with the hearing.
"Given that we already had that, it would have been an exercise in futility, or a waste of time, truly, to go forward and simply have all of that recited on the record, when we already had it," said Kohn.
Over the coming months, Vang's lawyers will consider their defense strategy. Kohn implied they might seek a change of venue, to move the trial out of Sawyer County -- that despite Kohn's professed faith in the fairness of local citizens.
"We have a job to do to investigate that. And it is that investigation -- and those types of issues that we're going to look at -- that will determine ultimately, by the judge, whether ... he can get a fair trial here. It is incumbent upon us as defense attorneys to raise the issue," said Kohn.
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Kohn said defense attorneys are considering Vang's mental state at the time of the shootings, and could amend his plea to reflect a diminished mental capacity.
"That plea can be entered at any time. I can tell you that we have begun investigating that. We've talked to experts. Experts have talked to Mr. Vang. And that is an ongoing process," said Kohn.
The defense will also consider whether to challenge the statement Vang gave to investigators. Vang's statement is a chilling account of shooting the eight hunters. His version varies little from that of surviving victims, except over how the incident began.
Vang was found hunting on private property. Vang says he was threatened and harassed by the victims. Defense attorney Jonathon Smith says the statement's admissability will likely be challenged.
"I think it's incumbent upon any attorney to examine that, anytime there is a statement that is made by a client. I can't say with any definitive purpose at this point that this is one of the motions, but it's certainly on the top of our list to explore," said Smith.
Wisconsin Attorney General Peg Lautenschlager says she will lead Vang's prosecution -- her first prosecution since she was elected two years ago. She last prosecuted the case of a kidnapper of a 12-year-old girl in the late 1990s, when she was a U.S. attorney.
In the past year, Lautenschlager, a Democrat up for re-election in 2006, has been convicted of drunken driving, treated for breast cancer and required to pay a $250 forfeiture for misuse of a state vehicle.
Hearings on pre-trial motions will occur in April, and a tentative trial date is set for Sept. 12, 2005. Vang remains in jail on $2.5 million bail.
(The Associated Press contributed to this report)
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