(WTAQ-WLUK) – Kenneth Hudson has disavowed the appeal he signed seeking to overturn his murder conviction, while prosecutors want the entire matter dismissed.
Hudson is serving a life prison term for the June 25, 2000, murder of Shanna Van Dyn Hoven, 19. She was killed while jogging in a Kaukauna park. Hudson was also sentenced to consecutive sentences after that for kidnapping, attempted homicide and recklessly endangering safety, totaling another 70 years in prison. Since sentencing, Hudson has filed more than a dozen appeals and motions — usually focusing on claims he was framed — and all have failed.
Hudson’s case is now assigned to Marinette County Judge James Morrison, who has called this Hudson’s last chance to address whatever issues he wants to raise. The judge has repeatedly said the Van Dyn Hoven family deserves closure on the case.
In August, an 85-page motion was filed, signed by Hudson. In it, Hudson repeats the claim investigators planted a knife in his vehicle, his Miranda rights were violated, officers intentionally provided false testimony at trial, his previous attorneys were ineffective for failing to challenge several issues, and several other claims.
Since then, however, Hudson filed another letter with the court, saying that motion was actually the work of previous attorney, Michael Balskus, who was removed by the judge several months ago.
“Hudson highly objects to these 2 motions that were filed by Balskus and prepared by him. They were filed by Balskus without Hudson’s authorization and without Hudson being able to review these motions before they were filed with the Court. Hudson moves this court to strike these 2 motions from the record and grant Hudson “30 days” to file his own” motion,” Hudson wrote on Aug. 25.
Hudson’s signature appears on the motion; Balskus’ does not.
Without addressing who filed the motion, or if Hudson consented to it or not, Judge Morrison granted Hudson until Sept. 21 to file a new motion.
A letter from Hudson dated Sept. 18 – but filed on Sept. 22 – asks for yet another extension, arguing he hasn’t had sufficient access to the prison law library, among other reasons.
This week, prosecutors responded, noting the Sept. 21 deadline wasn’t met.
“The State believes the defendant’s violation of the Court scheduling order is egregious. It is apparent the defendant has no intent to file a motion. The defendant has intentionally sabotaged every filing made on his behalf,” wrote Outagamie County District Attorney Melinda Tempelis. “There is no motion pending before the Court There is no allegation for the State to respond to and no allegation made upon which a Court may grant relief. Moreover, the defendant stipulated to a dismissal if he failed to file on time The Court has given the defendant ample opportunity to be heard for over 10 years. At this point, the State requests the Court to enforce the victim’s constitutional right to timely disposition.”
Tempelis also was critical of Hudson’s claim disavowing the August motion, noting Hudson made a similar claim of an unauthorized filing in 2013.
“The allegation that two separate attorneys filed documents without discussing them with him as the client and against the express wishes of him as the client does not seem credible. What would be the attorney’s motivation? It is more likely Hudson manufactured excuses to get the pleadings struck in order to delay this matter,” Tempelis argued.
A hearing on the motions is scheduled for Nov. 15, although Judge Morrison could rule on the motion to dismiss before that.
