APPLETON, WI (WTAQ-WLUK) – The case of Alexander Kraus, who was convicted of killing his grandparents, is now in the hands of the appeals court after his attorney filed a final brief arguing for a new trial “in the interest of justice.”
Kraus, now 24, is serving back-to-back life sentences for killing Dennis and Letha Kraus at their Grand Chute home April 14, 2019.
The jury determined he suffered from a mental disease, but rejected Kraus’s assertion that he lacked the ability to conform his behavior to the law or that he could not appreciate the wrongfulness of his behavior.
His appeal challenged that decision and asks for a new trial in the interests of justice. It notes he was diagnosed with autism at an early age and was being treated for ADHD, as well as depression.
Prosecutors have urged the appeals court to uphold the conviction.
In her final brief, filed this week, defense attorney Erica Bauer cited other, similar, cases where verdicts were overturned.
Kraus is not asserting that the jury got it wrong. Rather, he asserts that for reasons unknown, but possibly out of fear for the consequences of their verdict, it is probable that justice was miscarried because the evidence at trial weighed predominantly and heavily in favor of the defense. Furthermore, Kraus asserts that there is a substantial probability of a different result if a new trial were ordered. Kraus urges this Court to grant him relief and order a new trial in the interest of justice,” she wrote.
With no oral arguments scheduled, the case is now in the hands of the appeals court. It will be likely be weeks or months until a written decision is released.
Kraus is currently housed at the Waupun Correctional Institution.
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