Officials ready for Obregon trial

Public defender Carl Johnson listens to instructions from Kenosha County Circuit Court Judge Chad Kerkman Friday, when Andrew Obregon (right) made a jury status appearance in preparation for a Sept. 26 trial. Obregon faces felony charges in 28 of 32 counts, including murder (Jason Arndt/The Report).
Public defender Carl Johnson listens to instructions from Kenosha County Circuit Court Judge Chad Kerkman Friday, when Andrew Obregon (right) made a jury status appearance in preparation for a Sept. 26 trial. Obregon faces felony charges in 28 of 32 counts, including murder (Jason Arndt/The Report).

One motion hangs in balance with trial slated for Sept. 26

By Jason Arndt
Staff Writer

Aside from one sticking point, Kenosha County Circuit Court officials are ready for the trial of Andrew Obregon, a 33-year-old Bristol resident accused of murder and 27 other felony counts.

With exception of a smile directed at family members when he entered Circuit Court Judge Chad Kerkman’s courtroom Sept. 15, Obregon remained mum, while Kerkman reviewed the status of 200 prospective jurors set to hear the trial beginning Sept. 26.

Obregon faces charges in the September 2015 homicide of 37-year-old Tywon Anderson, who was found on a Town of Paris cornfield. A slew of other charges resulted from Obregon’s 22 days on the run from law enforcement.

Kerkman reported about 140 of 200 jurors returned their questionnaires, opting to dismiss about 40 due to their responses to the seven-page survey.

“Among the 140 replies, any jurors who answered question 40, ‘Yes, I have heard about the case,” Kerkman stated. “And then on question 44, ‘No, I cannot be impartial, I would like to strike them from the list.”

Kenosha County Deputy District Attorney Michael Graveley opposed Kerkman’s order, stating the questionnaire did not define legal standards associated with the questions, adding written responses differ from reality.

“It is certainly not a legal standard, I would suggest that they should not be removed,” Graveley stated. “I am uncomfortable excluding someone for a written response without legal definition or legal context.”

“It is an artificial document in the sense that it comes without the legal guidance received in the legal process,” Graveley added.

Kerkman rejected the argument, stating prospective jurors were given specific instructions on how to complete the questionnaire.

“They were directed to fill out this questionnaire as if they were under oath, I don’t see any point in asking jurors more questions about what they know,” Kerkman said.

Obregon’s public defender, Carl Johnson, agreed with the decision, noting some people strongly responded to both questions.

“The difficult process is that some people made it very clear about what their feelings are about this case,” Johnson said.

Kerkman, who expects about 100 jurors, said “I think we are going to have plenty.”

With 100 jurors housed in the Kenosha County Administrative Building across from the courtroom, Kerkman expects to bring in groups of 12 for questioning and exclusion on the opening day of the trial.

Basic questions include whether they are available for the two-week trial and if they have heard any pretrial publicity.

In the jury status hearing, Kerkman rejected a defense motion to separate the homicide charges, noted in counts 1-3, from counts 4-32.

“We don’t believe they are related to, or part of the same sort of scheme, or plan,” Johnson stated.

However, prosecutors contend his behaviors after the discovery of Anderson’s remains paint a picture of a man going to great lengths to avoid prosecution.

Obregon – who also faces charges of multiple vehicle thefts, the burglary of two Kenosha County convenience stores, and first-degree attempted intentional homicide and kidnapping – eluded authorities until his capture in Zion, Ill., Oct. 13.

“All of that shows his consciousness of guilt of the murder that come after,” Assistant District Attorney Carli McNeill contends. “It is all shown what he did afterwards to evade capture.”

“The murder is inexplicably intertwined with all the counts that follows it,” McNeill said. “If we were to just look at the murder case alone, we would have to ask what the defendant did afterward.”

Kerkman rejected defense claims that Obregon could have been evading capture from warrants in a neighboring county.

“There is overlapping evidence that what the defendant did after the alleged homicide is relevant,” Kerkman stated.

Kerkman, however, granted a defense motion to allow evidence of Anderson’s prior alleged acts of violence.

Additionally, Kerkman could consider a modifying jury instructions to exclude a line stating “seek the truth” to highlight “seek doubt.”

But, Kerkman would only consider the modification if Johnson submits similar case studies from other states.

He expects to decide on the motion Sept. 23, two days before jurors start filing in.


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