MONROE - A Brodhead man sentenced to 40 years in prison for the death of his infant son has for the second time been denied the right to appeal his conviction and is now asking the state Supreme Court to review his case.
Casey Shelton was convicted in January 2009 of first-degree reckless homicide in the February 2007 death of his two-month-old son Christopher in the Decatur township residence Shelton shared with Christopher, Christopher's twin brother Charles and the boys' mother. Evidence presented during Shelton's weeklong trial showed Christopher died from traumatic brain injuries caused from being violently shaken.
Shelton was at home with his twin sons in the hours before calling 911 to report that Christopher wasn't breathing. Shelton maintained throughout his original trial that his son could have died from a vaccination he received two weeks before his death, or from choking on vomit.
Shelton later had two counts of child abuse against his twin sons dismissed on Nov. 18, 2009.
A Wisconsin Court of Appeals District IV opinion May 9 said Shelton had multiple arguments with his conviction: He claims there was no testimony from the victim's mother, Amy Uptegraw, and her parents concerning alleged physical and verbal abuse to the children. He also alleged the use of a doll in court to show the ways the victims could have been injured warranted an objection; jurors should have been stricken from the case; autopsy photos should have been suppressed; the prosecution failed to turn over evidence contained in Shelton's 911 call; inferences into Shelton's character should not have been used in the closing argument; and the evidence used was insufficient in proving beyond a reasonable doubt that Shelton was guilty because the cause of death was not exactly determined.
The state argued that all these conditions and several others are barred by previous case hearings and Shelton should have taken time to raise these concerns during his court trials, if the concerns did exist. The state cited State v. Witkowski that proved an appellant may not relitigate in postconviction proceedings about matters previously decided on a direct appeal.
Green County Assistant District Attorney Jeff Kohl said that upon hearing his appeal was denied, Shelton asked the State Supreme Court to hear his complaints. The Supreme Court has to wait 30 days before looking into his case.
Kohl said the evidence used to convict Shelton was irrefutable and that it is not likely he will get a new trial through the Supreme Court.
"Really, I doubt Mr. Shelton is ever going to give up on this," Kohl said. "He's got nothing better to do than come up with additional grounds to get a new trial."
Kohl said Shelton is appealing on his own without the help of an attorney.
The petition for review by the Supreme Court "is probably not going to be of much use to him," Kohl said.
Shelton appealed for a new trial in December 2010, but was denied.
Shelton remains incarcerated at Dodge Correctional Institution.
Casey Shelton was convicted in January 2009 of first-degree reckless homicide in the February 2007 death of his two-month-old son Christopher in the Decatur township residence Shelton shared with Christopher, Christopher's twin brother Charles and the boys' mother. Evidence presented during Shelton's weeklong trial showed Christopher died from traumatic brain injuries caused from being violently shaken.
Shelton was at home with his twin sons in the hours before calling 911 to report that Christopher wasn't breathing. Shelton maintained throughout his original trial that his son could have died from a vaccination he received two weeks before his death, or from choking on vomit.
Shelton later had two counts of child abuse against his twin sons dismissed on Nov. 18, 2009.
A Wisconsin Court of Appeals District IV opinion May 9 said Shelton had multiple arguments with his conviction: He claims there was no testimony from the victim's mother, Amy Uptegraw, and her parents concerning alleged physical and verbal abuse to the children. He also alleged the use of a doll in court to show the ways the victims could have been injured warranted an objection; jurors should have been stricken from the case; autopsy photos should have been suppressed; the prosecution failed to turn over evidence contained in Shelton's 911 call; inferences into Shelton's character should not have been used in the closing argument; and the evidence used was insufficient in proving beyond a reasonable doubt that Shelton was guilty because the cause of death was not exactly determined.
The state argued that all these conditions and several others are barred by previous case hearings and Shelton should have taken time to raise these concerns during his court trials, if the concerns did exist. The state cited State v. Witkowski that proved an appellant may not relitigate in postconviction proceedings about matters previously decided on a direct appeal.
Green County Assistant District Attorney Jeff Kohl said that upon hearing his appeal was denied, Shelton asked the State Supreme Court to hear his complaints. The Supreme Court has to wait 30 days before looking into his case.
Kohl said the evidence used to convict Shelton was irrefutable and that it is not likely he will get a new trial through the Supreme Court.
"Really, I doubt Mr. Shelton is ever going to give up on this," Kohl said. "He's got nothing better to do than come up with additional grounds to get a new trial."
Kohl said Shelton is appealing on his own without the help of an attorney.
The petition for review by the Supreme Court "is probably not going to be of much use to him," Kohl said.
Shelton appealed for a new trial in December 2010, but was denied.
Shelton remains incarcerated at Dodge Correctional Institution.