GREEN BAY, WI (WTAQ-WLUK) – Jackson Vogel’s appeal for killing his cellmate at the Green Bay Correctional Institution is now in the hands of the judges, after his attorney reiterated claims that details about cannibalism shouldn’t have been allowed at trial.
Vogel is serving a life prison term with no chance at parole for the Aug. 27, 2024, murder of Laureano at the Green Bay Correctional Institution.
Vogel’s appeal raised several issues including that the judge should not have allowed Vogel’s comments about cannibalism to be heard by the jury. It asks for the case to be re-tried.
In its reply, the state contended it was admissible evidence.
Vogel’s final brief was filed Monday.
“The jury’s verdict was tainted by them having little other choice, given the facts and instructions presented. The State’s position can only be supported if only some of the evidence elicited at trial is focused on at the expense of the rest. The circuit court was wrong on the law and the facts, which infects the verdict,” wrote attorney Joseph Riephenhoff.
“Vogel asks only for what he is guaranteed by our laws: a fair trial where only relevant evidence is presented and the jury is properly instructed on the law. The two circuit court errors make the verdict in this case untenable. Vogel should be retried within the framework of the actual law and facts of his case. Vogel asks again that this Court find the circuit court’s ruling on the admissibility of the cannibalism evidence and barring of the provocation instruction discretionary errors and remit the matter with instructions to retry the case in conformity with those findings,” he said.
It will likely be several months before a ruling is made by the appeals court.
Meanwhile, Laureano’s family has filed a federal civil rights lawsuit against Wisconsin corrections officials for placing him in a cell with Vogel. No trial date is currently scheduled, as the parties continue pre-trial briefings.
