MADISON (AP) – A state appeals court ordered a new trial Tuesday for a Milwaukee man accused of shooting his parents.
Prosecutors charged Corey Kucharski with two counts of first-degree intentional homicide in the 2010 deaths of Ralph and Pamela Kucharski. Kucharski contended voices he began hearing after a stint of heavy methamphetamine use told him to kill them. He was sentenced to life in prison.
Kucharski, now 38, argued on appeal that Milwaukee County Circuit Judge Jean DiMotto wrongly ruled he was mentally responsible for his actions even though it was undisputed he was suffering from schizophrenia at the time of the killings.
The 1st District Court of Appeals ruled 2-1 on Tuesday that Kucharski clearly was in a psychotic state when he killed his parents and there was no other explanation for his behavior.
Judge Kitty Brennan wrote in dissent that the majority didn’t say DiMotto applied the wrong law or failed to consider the evidence. Instead they simply inserted their judgment in place of DiMotto’s, Brennan wrote.
The state Justice Department fought the appeal on behalf of local prosecutors. The agency can ask the state Supreme Court to take the case.
Kucharski’s attorney, Scott David Obernberger, had no immediate comment.