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Shelton granted new hearing in infant death
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MONROE - A special prosecutor will assist in an ongoing case against a former Brodhead man who was convicted of killing his infant son in 2007.

Green County District Attorney Craig Nolen requested up to $10,000 from the Board of Supervisors Tuesday to pay for Jeffery Kohl to continue the prosecution of Casey J. Shelton.

"We don't want the ball to get dropped on this one," said Brian Bucholtz, corporation counsel for Green County.

A jury found Shelton guilty of a Class B felony charge of first-degree reckless homicide in the death of Christopher, his 2-month-old son. Shelton, 41, was sentenced in 2009 to 40 years in prison plus an additional 10 years of extended supervision.

He has maintained his innocence, claiming that Christopher choked while eating rather than died from being shaken. The Wisconsin Innocence Project filed a motion in May asking for Shelton to be granted a re-trial. The case is scheduled for a three-day court hearing this summer on new evidence from expert witnesses.

Nolen said Kohl, the original prosecutor and former assistant district attorney, has been working for free on the case for over a year.

"I think it's worth the county's dollar towards paying towards this, because if we have to retry it again, it's really going to be more than $10,000 that we're going to have to spend on it," Nolen said, noting the case's notoriety.

The state would never pay for a special prosecutor on a case like Shelton's, Nolen said after a county supervisor asked about the state's fiscal responsibility. The work would fall to the District Attorney's Office if the county didn't hire a special prosecutor.

Kohl will be paid $40 per hour for work done outside of court and $50 per hour in court, which are rates set by the state, Nolen said.

Board members unanimously approved the funding request. Supervisors Steve Borowski, Dennis Everson and Steve Stettler were absent from the meeting.