APPLETON – A mother and daughter charged in an area murder case will soon be released from jail, before they go to trial.
Kandi and Dianna Siveny have been behind bars since February of last year. They are accused of killing Dianna’s long-time domestic partner in October of 2007.
According to police, Lara Plamann was found dead in a shed outside her home. She had a gunshot wound to the head.
An Outagamie County judge ruled this week that prosecutors violated the Siveny’s right to a speedy trial.
Kandi and Dianna Siveny filed requests for speedy trials earlier this year. State law requires those trials must begin within 90 days.
If that doesn’t happen, the defendants must be released from custody.
Attorneys for the Sivenys accused prosecutors of delaying the case by failing to provide evidence to the defense in a timely manner.
The judge did not call off the trials, but did delay them because she said the defense is at a disadvantage.
FOX 11 spoke with Dianna Siveny’s defense attorney Wednesday afternoon.
“No, there’s no advantage at all. We were at a disadvantage in that we were not provided information that we are constitutionally required to have in order to have just a basic, fair trial,” said Dan Kaminsky. “All we’re trying to do is level the playing field to ensure that we get a fair trial. As of yet we still haven’t received all of the information. The judge has ordered it. We expect to receive it. If we receive all of the information then we are at least able to have a fair trial.”
District Attorney Carrie Schneider’s office told us she was not available for an interview.
The Plamann family sent FOX 11 a statement regarding the new developments in the case. It says: “Although we are disappointed with the release of Dianna and Kandi, knowing that there are rescheduled trial dates for each gives us something to hold onto. This drawn-out process has been an emotional rollercoaster for our family, but we trust that, in the end, we will find closure in Lara’s death.”
The women had been scheduled to stand trial in May and June. Dianna Siveny’s trial is now scheduled to start Aug. 25, and Kandi Siveny’s trial is scheduled to begin Sept. 29.
Both women will be released from the Outagamie County jail on Sunday. They must wear GPS monitors and report to law enforcement on weekdays. Plus, neither defendant is allowed to contact state witnesses or the victim’s family.