Newsradio 620 WTMJ is on Twitter now! Click Here to learn more. Court Rejects Ted Oswald AppealMADISON, Wis. (AP) -- Ted Oswald, who is serving two life sentences plus more than 500 years in prison for his part in a crime spree that included the fatal shooting of a Waukesha police officer, lost his latest attempt to get his 17 convictions thrown out.
A state appeals court on Wednesday summarily rejected Oswald's claim that a second trial on the charges in 2005 constituted double jeopardy.
The 2nd District Court of Appeals, in addition to affirming his convictions, said there was "no arguable merit" to the double jeopardy issue that Oswald wanted to raise on appeal.
Oswald, 31, was granted the second trial in 2005 on grounds of juror bias. Before the start of the second trial he argued that it could not proceed because of double jeopardy, but the court rejected his argument.
He then pleaded no contest but the jury rejected his argument that he was not guilty by reason of mental disease or defect. He claimed his father, James Oswald, trained and programmed him to join him in the crime spree.
The Oswalds robbed several banks before their final robbery on April 28, 1994, led to a chase in which Waukesha police Capt. James Lutz was killed. The two also kidnapped a woman and tried to drive her van through a police roadblock before smashing the vehicle into a tree.
Lutz was pursuing the Oswalds' vehicle when they suddenly stopped, got out and opened fire, killing Lutz before he could even raise his own gun.
James Oswald is also serving a life term plus hundreds of years in prison.
Ted Oswald's attorney filed a so-called "no merit report," which is required when an attorney and client disagree about whether to pursue an appeal. Ted Oswald's court-appointed attorney, Dianne Erickson of Milwaukee, believed the double jeopardy argument her client wanted to raise on appeal was frivolous, according to the appeals court's decision.
Erickson did not immediately return a message seeking comment.
The court in its Wednesday order relieved Erickson from continuing to represent Ted Oswald.
(Copyright 2007 by The Associated Press. All Rights Reserved.) |
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