APPLETON, WI (WTAQ-WLUK) – A man charged in connection with a Kaukauna murder entered a plea Monday of not guilty by reason of mental disease or defect.
Dontae Payne and Tanya Stammer are charged with first-degree intentional homicide and armed robbery for the death of Brian Porsche at a home on W. Division Street on March 30, 2021.
Defense attorney Tim Hogan did not offer a reason for entering the so-called insanity plea during Monday’s hearing.
The plea of not guilty by reason of mental disease or defect means the jury will be asked two questions: If Payne is guilty, and, if so, should he be held responsible for his action due to his mental condition at the time. If he’s found responsible for the crime, Payne would be sentenced to prison. If not, he would be committed to a secure psychiatric facility for treatment.
Judge Yadira Rein ordered a psychological exam, with the parties returning to court May 27 to review the results. No trial date has been set.
According to the criminal complaint, Payne and Stammer targeted Porsche, with Payne allegedly shooting Porsche. The two then tried to make the scene look like a robbery, and tossed his phone & keys into Lake Winnebago.
Stammer is scheduled to stand trial June 13.
