By: Associated Press//September 9, 2015
Milwaukee (AP) — A federal appeals court has affirmed a lower court’s decision to void the conviction of a Pleasant Prairie man accused of fatally poisoning his wife with antifreeze.
In a 2-1 decision Tuesday, a three-judge panel of the 7th U.S. Circuit Court of Appeals agreed with a lower court ruling that statements Julie Jensen made before her death should never have been admitted into evidence in Mark Jensen’s 2008 trial. The majority agreed the use of her letter pointing the finger at her husband if she were to die violated his constitutional right to confront his accuser.
The state argued Jensen killed his wife and made it look like suicide, while the defense contended she framed her husband but killed herself.
The ruling could lead to his release from prison.