Jason Lindemann PC: Fox 11 Online
OSHKOSH, WI (WTAQ-WLUK) — The state defense lawyers association argues the judge made a mistake in allowing a Winnebago County jury to hear the case against Jason Lindemann, who crashed his power boat into a cruise boat.
Lindemann was sentenced to five months in jail and three years on probation and ordered to perform 150 hours of community service as a result of the July 9, 2022, crash between his powerboat and the On The Loos paddlewheel cruise boat. He was also ordered to pay $11,702.79 in restitution. The crash injured more than a dozen people.
Lindemann has appealed, claiming he drove his boat like “every boater does” and that the evidence doesn’t support the convictions. Prosecutors replied it believes Lindemann’s conviction should be upheld. Lindemann’s reply brief due is due April 14, then the appeals court will review the case and issue a ruling. That’s expected to take several months.
On Tuesday, the Wisconsin Association of Criminal Defense Lawyers filed what’s known as a ‘friend of the court’ brief, offering its input on the issue of jury selection.
It noted the extensive publicity on case, from the day of the crash, onwards.
“WACDL submits that a careful analysis of precedent, and a realistic assessment of the pretrial publicity at issue, require that prejudice be presumed. Lindemann’s community was sufficiently against him that drawing his jury from Winnebago County violated his due process rights. The circuit court thus erred in denying his request for a change of venue, and reversal is warranted,” wrote attorney Megan Sanders.
The brief also argues the judge’s faith in voir dire — the juror screening and selection process — was “unfounded,” given the case’s publicity.
It argues the convictions should be overturned.
“There is an effective solution for the due process problem at issue here. Case law supports it, Lindemann sought it, and the State — after explaining its concerns about proceeding in Winnebago County — declined to contest his request. Under these circumstances, and with no cogent rationale for keeping the case in Oshkosh, the circuit court erred in denying Lindemann’s motion for a change of venue,” the brief states.
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