Gerald Turner appears before Fond du Lac County court, March 8, 2024. (Zoom)
FOND DU LAC, WI (WTAQ-WLUK) – A judge should dismiss the state’s attempt to have “Halloween killer” Gerald Turner committed as a sexual predator, according to his attorney. But the state contends the legal basis for that argument is invalid, and the case should continue.
Turner, 75, was convicted of sexually assaulting and killing 9-year-old Lisa Ann French while she was trick-or-treating in Fond du Lac in 1973. Her body was found a few days later in the town of Taycheedah.
His prison term complete, the state filed suit in 2018, seeking to have Turner deemed a sexually violent offender, and ordered to remain at a secure mental health facility under the Chapter 980 sexual predator law. His attorneys have opposed the request and want him released. Six years later, that process is still going on.
The case was scheduled to go to trial next month. That has been postponed indefinitely. Instead, the attorneys will argue this summary judgement motion on Dec. 9. Regardless of what decision Fond du Lac County Judge Anthony Nehls makes, the case will almost certainly be appealed to the appeals court, and likely to the Wisconsin Supreme Court.
Turner’s attorney, Robert Peterson, contends the case should be dismissed because there is no factual dispute in the case.
“As set forth in Respondent’s affidavit, the reports filed with the court reflect that the only two witnesses in the Petitioner’s case will testify that Turner is not a sexually violent person. The State offer no argument or filed any affidavit containing evidence to the contrary. In fact, the State has filed no response to the summary judgement motion that complies (with state law). As such, there is no genuine issue of material fact and court must follow the mandate (of state statute) which provides that summary judgment “shall be entered against such party.” Since the only evidence presented to the jury is that Turner is NOT a sexually violent person, certainly no reasonable jury could return a verdict that he is a sexually violent person. The motion must be granted,” Peterson wrote.
But Assistant Attorney General Devra Ayala’s brief contends the summary judgment procedure should not be used in this type of case.
“A circuit court may only exercise two options under (state law): (1) find probable cause that the person is a sexually violent person, or, (2) dismiss the petition. Neither option allows the circuit court to dismiss through summary judgment,” Ayala wrote.
Ayala also disagreed about the impact of the witness testimony.
“The Supreme Court of Wisconsin held that the State does not need to present expert opinion testimony that a person subject to commitment under Chapter 980 is dangerous to others because his mental disorder makes it more likely than not that he will engage in one of more future acts of sexual violence,” Ayala said.
Turner is currently held at the Sand Ridge Secure Treatment Center in Mauston.
After serving 17 years in prison for a 38-year sentence, Turner was released from prison in 1992 but returned to prison that same year following a court decision challenging calculation of time served. Turner was again released on parole in 1998 but returned to prison in 2003 for 15 years after pornographic images were found on his computer.
Comments