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Defense seeks writings of Kenosha County man in retrial (UPDATE)

By: Associated Press//October 4, 2016

Defense seeks writings of Kenosha County man in retrial (UPDATE)

By: Associated Press//October 4, 2016

KENOSHA, Wis. (AP) — A defense attorney for the man being retried in the 2002 poisoning death of his wife in Kenosha County wants access to writings the defendant allegedly made while in prison which were seized by prosecutors.

The Kenosha News reported that Deja Vishny, one of two public defenders representing Mark Jensen, has filed motions with the court seeking access to a book Jensen wrote about his case. She has asked for notes and oral summaries of how prosecutors became aware of and obtained the book.

Vishny said there is a possibility for dismissing charges if the judge finds that the state improperly had or used the information.

The defense claims the state came into possession of Jensen’s book while his appeal was pending.

“The documents were among Mr. Jensen’s legal papers in his cell and should have been apparent to any person that they were privileged legal materials,” she wrote in a motion. “The state does not have a right to seize or view legal material of a defendant.”

Prosecutors have chosen to retry Jensen’s case after his 2008 conviction was overturned by a federal judge in 2013.

Bob Jambois, an assistant district attorney in Dane County, said in a May 4 hearing that the state couldn’t decide how to handle the document.

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