Mother, daughter accused in murder to be released
- Associated Press
- May 14, 2014 - 11:10 AM
APPLETON, Wis. — A mother and daughter accused in the fatal shooting of a Greenville woman nearly seven years ago will be released from jail next week.
Outagamie County Judge Nancy Krueger ruled Tuesday that prosecutors violated Dianna Siveny and her daughter Kandi's right to a speedy trial, Post-Crescent Media reported (http://post.cr/1k0Alle).
The Sivenys filed requests for speedy trials in January, and state law dictates those trials must begin within 90 days. Otherwise, the defendants must be released from custody.
Their attorneys had accused prosecutors of delaying the case by failing to provide evidence to the defense in a timely manner.
"Essentially, what I want to tell the state is enough is enough," Krueger said. "The state was clearly negligent in handling the discovery process here, and the defense is at a great disadvantage, and frankly, there's no way they can be properly prepared to proceed."
The consequence of deliberately violating a defendant's constitutional right to a speedy trial is case dismissal, but the judge said that prosecutors' negligence did not rise to that level.
The women had been scheduled to stand trial in May and June. Dianna Siveny's trial is now scheduled to start Aug. 25, and Kandi Siveny's trial is scheduled to begin Sept. 29.
Krueger ordered that both defendants be equipped with GPS monitors and report to law enforcement on weekdays. Krueger also ordered they have no contact with state witnesses or the victim's family.
Kandi Siveny, 35, is accused of fatally shooting Lara Plamann on Oct. 17, 2007, after police said her mother offered a friend $5,000 to carry out the murder. Dianna Siveny, 55, was Plamann's longtime domestic partner.
The friend, Rosie Campbell, confessed in February 2013, resulting in the Sivenys arrest, the criminal complaint stated.
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