DARLINGTON - The homicide case against two Argyle brothers is developing as attorneys involved prepare for a Nov. 13 preliminary hearing.
Jeremy Wand's competency to stand trial is in question after his lawyer filed a motion suggesting the 18-year-old has "limited" ability to understand the court proceedings.
During a hearing Tuesday, Oct. 16, attorney Frank Medina told Lafayette County judge William Johnston his concern is based on his "interactions with Jeremy."
The judge ordered that Wand be evaluated by the Department of Health Services in the next two weeks.
Jeremy Wand appeared in orange scrubs and shackles at the hearing. He listened but didn't show emotion. A senior at Argyle High School, he has a slight build and a thin, peach-fuzz mustache.
He and his brother and co-defendant Armin Wand III, 32, are charged with setting a Sept. 7 house fire in Argyle with the intent of killing the elder Wand's pregnant wife and four children, and collecting on their life insurance. Three of the children died. Their mother, Sharon Wand, was severely burned.
New court records reveal Armin Wand III and his wife hired an attorney to draft them a will about a month before the deadly fire.
The state is seeking information about that will from the Monroe attorney who drafted it.
"They want me to talk to an investigator," said Scott Thompson, a partner at Kittelsen, Barry, Wellington, Thompson, and Schluesche. He confirmed Tuesday that he created a will for the couple in August.
On Oct. 24, a judge will decide if Thompson can discuss Thompson's communications with the Wands without the approval of Armin Wand III.
The state argues the usual attorney-client confidentiality privileges do not apply to the Wands and Thompson, given the circumstances. Usually, an attorney representing multiple people must get the consent of all the clients involved before confidentiality rules are lifted.
"However that rule does not apply when the co-clients are involved in a proceeding as adversaries," according to an Oct. 11 brief filed by the state. Since Sharon Wand is still hospitalized in critical condition, her parents have been appointed her guardians and "have agreed to waive any privilege that may exist."
The state is also continuing to subpoena records to help build their case against the Wands. Records sought include "child abuse/neglect referrals" to Green County Human Services related to the brothers, as well as Jeremy Wand's school and behavior records from the Argyle School District.
Another state subpoena seeks the utility records for the house on Oak Street that burned, such as subscriber info, service notices and payment information, as "there is probable cause to believe that there are documents (at the Argyle Municipal Utilities) which constitute evidence of crimes."
Meanwhile, Sharon Wand remains in critical condition at the University of Wisconsin Hospital in Madison as doctors continue to attempt skin grafts on her severely burned body.
Her father-in-law, Armin Wand, Jr., said Tuesday she is out of her coma, breathing on her own and able to wiggle her toes. She hasn't been informed of the deaths of her three boys or that her husband is jailed on homicide charges, he added.
"We're keeping that away from her until she's able to understand," he said.
Jeremy Wand's competency to stand trial is in question after his lawyer filed a motion suggesting the 18-year-old has "limited" ability to understand the court proceedings.
During a hearing Tuesday, Oct. 16, attorney Frank Medina told Lafayette County judge William Johnston his concern is based on his "interactions with Jeremy."
The judge ordered that Wand be evaluated by the Department of Health Services in the next two weeks.
Jeremy Wand appeared in orange scrubs and shackles at the hearing. He listened but didn't show emotion. A senior at Argyle High School, he has a slight build and a thin, peach-fuzz mustache.
He and his brother and co-defendant Armin Wand III, 32, are charged with setting a Sept. 7 house fire in Argyle with the intent of killing the elder Wand's pregnant wife and four children, and collecting on their life insurance. Three of the children died. Their mother, Sharon Wand, was severely burned.
New court records reveal Armin Wand III and his wife hired an attorney to draft them a will about a month before the deadly fire.
The state is seeking information about that will from the Monroe attorney who drafted it.
"They want me to talk to an investigator," said Scott Thompson, a partner at Kittelsen, Barry, Wellington, Thompson, and Schluesche. He confirmed Tuesday that he created a will for the couple in August.
On Oct. 24, a judge will decide if Thompson can discuss Thompson's communications with the Wands without the approval of Armin Wand III.
The state argues the usual attorney-client confidentiality privileges do not apply to the Wands and Thompson, given the circumstances. Usually, an attorney representing multiple people must get the consent of all the clients involved before confidentiality rules are lifted.
"However that rule does not apply when the co-clients are involved in a proceeding as adversaries," according to an Oct. 11 brief filed by the state. Since Sharon Wand is still hospitalized in critical condition, her parents have been appointed her guardians and "have agreed to waive any privilege that may exist."
The state is also continuing to subpoena records to help build their case against the Wands. Records sought include "child abuse/neglect referrals" to Green County Human Services related to the brothers, as well as Jeremy Wand's school and behavior records from the Argyle School District.
Another state subpoena seeks the utility records for the house on Oak Street that burned, such as subscriber info, service notices and payment information, as "there is probable cause to believe that there are documents (at the Argyle Municipal Utilities) which constitute evidence of crimes."
Meanwhile, Sharon Wand remains in critical condition at the University of Wisconsin Hospital in Madison as doctors continue to attempt skin grafts on her severely burned body.
Her father-in-law, Armin Wand, Jr., said Tuesday she is out of her coma, breathing on her own and able to wiggle her toes. She hasn't been informed of the deaths of her three boys or that her husband is jailed on homicide charges, he added.
"We're keeping that away from her until she's able to understand," he said.