DARLINGTON - A trial is called off for Jaren Kuester after he clammed up in court, again raising questions about his competency.
The 31-year-old Waukesha man walked barefoot, shackled and wearing a suicide smock into Lafayette County Circuit Court Friday afternoon, Sept. 27. He is charged with using a fireplace poker in April to bludgeon to death three family members in a Wiota Township home, apparently in a random act of violence.
Kuester has a long history of mental health issues, including hospitalizations, but was previously found competent to stand trial on the case. On July 1, he pleaded not guilty by reason of mental disease or defect, commonly known as an insanity plea, to three counts of first-degree intentional homicide and to felony burglary and vehicle theft charges. He was scheduled for a two-week trial in October.
Prosecutors and Kuester's defense team instead came to Friday's hearing prepared to enter a plea agreement. The likely outcome would have been a lifetime commitment of Kuester, said Assistant State Public Defender Guy Taylor.
But Kuester clammed up under questioning from Judge William Foust. He refused to answer the judge's questions about the plea agreement, instead staring at the floor or his lap.
The judge told Kuester the case would have to go to trial if Kuester remained silent.
"I'd like to remain silent," Kuester said. But he continued his silence even when the judge asked procedural questions not related to the plea agreement.
Finally, the judge gave up and ordered Kuester to again be evaluated for competency.
"Given Mr. Kuester's refusal to engage at all, I think there's reason to doubt his competency," Foust said. He noted that Kuester had been more conversant during previous hearings.
Taylor explained that Kuester "minimally indicated his assent" to the plea agreement the previous day but has in general had trouble verbalizing and is paranoid.
"And I think that's due to his issues," Taylor said. Given adequate medical care, he said Kuester would be better able to express himself to the court.
"Mental illness is not a static thing," Taylor said after the hearing.
Taylor also said the medications Kuester takes are not working and doctors with Lafayette County Human Services and others involved in the case, including Mendota Mental Health in Madison, have not addressed this.
"We've ground to a standstill here. He's not stupid and he hears what is said, but his condition paralyzes him," Taylor said. Something needs to change, he added. "I'm just very frustrated he hasn't gotten the treatment he deserves." Taylor pins the problem partly on medical caregivers who aren't "willing to suspend their fear" of Kuester.
The situation has put an unusual strain on the Lafayette County Jail, where Kuester is being held. The small and aging facility has housed several other high-profile, high-risk defendants in the past year, including Armin and Jeremy Wand, the brothers convicted of killing three young boys by setting their Argyle house on fire while the boys slept.
Taylor places no blame on jail staff for Kuester's medical care.
"They have been masterful and professional" despite being "through the mill" in the past year, Taylor said. "These aren't just regular old drunk drivers and disorderly conducts."
The murders of Gary Thoreson, 70, his wife Chloe Thoreson, 66, and brother Dean Thoreson, 76, shocked the quiet rural community where the family lived and farmed.
Police say Kuester broke into Gary and Chloe's unoccupied home on Philippine Road late April 26, seeking a warm place to sleep after abandoning his SUV in western Green County earlier in the evening, stripping off his clothing and hiking alone several miles because he feared he was being followed.
The next day, he reportedly killed each of the Thoresons as they entered the house, starting with Dean as he stopped by to check on the house and later Gary and Chloe as they returned from a vacation out-of-state.
Kuester's competency hearing is set for Oct. 15. He will be evaluated by a state-appointed psychologist, possibly by the same doctor who evaluated him earlier this summer and found him competent.
The 31-year-old Waukesha man walked barefoot, shackled and wearing a suicide smock into Lafayette County Circuit Court Friday afternoon, Sept. 27. He is charged with using a fireplace poker in April to bludgeon to death three family members in a Wiota Township home, apparently in a random act of violence.
Kuester has a long history of mental health issues, including hospitalizations, but was previously found competent to stand trial on the case. On July 1, he pleaded not guilty by reason of mental disease or defect, commonly known as an insanity plea, to three counts of first-degree intentional homicide and to felony burglary and vehicle theft charges. He was scheduled for a two-week trial in October.
Prosecutors and Kuester's defense team instead came to Friday's hearing prepared to enter a plea agreement. The likely outcome would have been a lifetime commitment of Kuester, said Assistant State Public Defender Guy Taylor.
But Kuester clammed up under questioning from Judge William Foust. He refused to answer the judge's questions about the plea agreement, instead staring at the floor or his lap.
The judge told Kuester the case would have to go to trial if Kuester remained silent.
"I'd like to remain silent," Kuester said. But he continued his silence even when the judge asked procedural questions not related to the plea agreement.
Finally, the judge gave up and ordered Kuester to again be evaluated for competency.
"Given Mr. Kuester's refusal to engage at all, I think there's reason to doubt his competency," Foust said. He noted that Kuester had been more conversant during previous hearings.
Taylor explained that Kuester "minimally indicated his assent" to the plea agreement the previous day but has in general had trouble verbalizing and is paranoid.
"And I think that's due to his issues," Taylor said. Given adequate medical care, he said Kuester would be better able to express himself to the court.
"Mental illness is not a static thing," Taylor said after the hearing.
Taylor also said the medications Kuester takes are not working and doctors with Lafayette County Human Services and others involved in the case, including Mendota Mental Health in Madison, have not addressed this.
"We've ground to a standstill here. He's not stupid and he hears what is said, but his condition paralyzes him," Taylor said. Something needs to change, he added. "I'm just very frustrated he hasn't gotten the treatment he deserves." Taylor pins the problem partly on medical caregivers who aren't "willing to suspend their fear" of Kuester.
The situation has put an unusual strain on the Lafayette County Jail, where Kuester is being held. The small and aging facility has housed several other high-profile, high-risk defendants in the past year, including Armin and Jeremy Wand, the brothers convicted of killing three young boys by setting their Argyle house on fire while the boys slept.
Taylor places no blame on jail staff for Kuester's medical care.
"They have been masterful and professional" despite being "through the mill" in the past year, Taylor said. "These aren't just regular old drunk drivers and disorderly conducts."
The murders of Gary Thoreson, 70, his wife Chloe Thoreson, 66, and brother Dean Thoreson, 76, shocked the quiet rural community where the family lived and farmed.
Police say Kuester broke into Gary and Chloe's unoccupied home on Philippine Road late April 26, seeking a warm place to sleep after abandoning his SUV in western Green County earlier in the evening, stripping off his clothing and hiking alone several miles because he feared he was being followed.
The next day, he reportedly killed each of the Thoresons as they entered the house, starting with Dean as he stopped by to check on the house and later Gary and Chloe as they returned from a vacation out-of-state.
Kuester's competency hearing is set for Oct. 15. He will be evaluated by a state-appointed psychologist, possibly by the same doctor who evaluated him earlier this summer and found him competent.