Thread: Man accused of shooting deputy want trial moved

Attorneys for man accused of shooting deputy want trial moved

KENOSHA, Wis. (AP) -- The attorneys for a man accused of killing a sheriff's deputy have requested a change of venue, arguing that Kenosha County jurors have been tainted by pretrial publicity.

The trial for Ezequiel Lopez-Quintero, 45, should be moved to Milwaukee County, his lawyers argued in court papers released Friday.

Lopez-Quintero, of Kenosha, is accused of shooting Frank Fabiano Jr., 48, during a May 16 traffic stop. He's charged with first-degree intentional homicide, which carries a maximum penalty of life in prison.

Attention surrounding Fabiano's death and Lopez-Quintero's alleged responsibility have prejudiced potential jurors, defense attorney Frederick F. Cohn argued in his motion.

Local media have revealed details about Lopez-Quintero's status as an illegal immigrant and about his criminal history, information Cohn said was inadmissible at trial.

"Not only is this evidence not admissible, but informing potential jurors of this fact could easily prejudice Mr. Lopez by placing him into a group historically blamed for criminal activity," Cohn said.

He also noted that sheriff's department vehicles display decals honoring Fabiano, and the slain deputy's picture and obituary are prominently displayed at the department.

"Any person visiting the sheriff's Web site, the sheriff's office, or just seeing a sheriff's vehicle on patrol will be reminded of Deputy Fabiano," Cohn wrote.

Kenosha County District Attorney Robert Zapf had no comment on Cohn's request for a change of venue.

"We'll just have to wait and see what the good judge says," Zapf said.

A hearing on the matter is scheduled for Oct. 4.

Lopez-Quintero remains in jail on $1 million cash bond.

Information from: Kenosha News, http://www.kenoshanews.com

http://hosted.ap.org/dynamic/stories/W/ ... TE=DEFAULT

Bush should have been charged side by side with this ILLEGAL IMMIGRANT

Judge May Move Fabiano Murder Case
Katie DeLong

KENOSHA – A judge could decide Thursday to move the trial of a man accused of killing Kenosha Sheriff’s Deputy Frank Fabiano Jr. from Kenosha to Milwaukee.

The attorneys for 45-year-old Ezequiel Lopez-Quintero requested the change of venue, arguing jurors in Kenosha have been tainted by pre-trial publicity. Lopez-Quintero is accused of shooting Frank Fabiano Jr. during a traffic stop in May. He is charged with first-degree intentional homicide, which carries a maximum penalty of life in prison.

Lopez-Quintero’s attorneys say information has been released about his status as an illegal immigrant and about his criminal history which is information that is inadmissible at trial. They also say the Kenosha County sheriff’s department vehicles and building display decals and pictures honoring Fabiano.

Lopez-Quintero remains in jail on $1 million cash bond. Fabiano previously served in the Marine Corps. and was married for 14 years to wife Amy. The couple has a 7-year-old daughter.

Fabiano, a decorated, 17-year department veteran, was previously shot in the line of duty in August of 1999 for which he received a Purple Heart. He also made a dramatic fire rescue in May of 1991 for which he received a Silver Star.

http://www.todaystmj4.com/news/local/10234501.html

I'll bet the perp wants the trial's venue changed to Latin America, the only place he can get a fair "trial"

www.chicagotribune.com/news/chi-ap-wi-d ... 7427.story

chicagotribune.com
Kenosha judge denies bid for new trial
Associated Press

11:18 PM CDT, June 10, 2008

KENOSHA, Wis.



An illegal immigrant convicted of murdering a Kenosha County sheriff's deputy has been denied a request for a new trial.

Circuit Judge Wilbur Warren III said Tuesday there was no basis to grant a new trial for Ezequiel Lopez-Quintero, even though he found fault with some of the prosecutor's comments during closing arguments of the trial last March.

The 45-year-old Lopez-Quintero, of Kenosha, was convicted of first-degree intentional homicide in the shooting of 48-year-old Deputy Frank Fabiano Jr. during a traffic stop in May 2007.

The judge said some of prosecutor Robert Zapf's closing remarks were prejudicial, but the overwhelming evidence made them add up to "harmless error."

The defendant is serving a life prison term.

His attorneys plan to appeal.

------

Information from: Kenosha News, http://www.kenoshanews.com



Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

www.chicagotribune.com/news/chi-ap-wi-d ... 7427.story

chicagotribune.com
Kenosha judge denies bid for new trial
Associated Press

11:18 PM CDT, June 10, 2008

KENOSHA, Wis.



An illegal immigrant convicted of murdering a Kenosha County sheriff's deputy has been denied a request for a new trial.

Circuit Judge Wilbur Warren III said Tuesday there was no basis to grant a new trial for Ezequiel Lopez-Quintero, even though he found fault with some of the prosecutor's comments during closing arguments of the trial last March.

The 45-year-old Lopez-Quintero, of Kenosha, was convicted of first-degree intentional homicide in the shooting of 48-year-old Deputy Frank Fabiano Jr. during a traffic stop in May 2007.

The judge said some of prosecutor Robert Zapf's closing remarks were prejudicial, but the overwhelming evidence made them add up to "harmless error."

The defendant is serving a life prison term.

His attorneys plan to appeal.

------

Information from: Kenosha News, http://www.kenoshanews.com



Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

www.chicagotribune.com/news/chi-ap-wi-d ... 7427.story

chicagotribune.com
Kenosha judge denies bid for new trial
Associated Press

11:18 PM CDT, June 10, 2008

KENOSHA, Wis.



An illegal immigrant convicted of murdering a Kenosha County sheriff's deputy has been denied a request for a new trial.

Circuit Judge Wilbur Warren III said Tuesday there was no basis to grant a new trial for Ezequiel Lopez-Quintero, even though he found fault with some of the prosecutor's comments during closing arguments of the trial last March.

The 45-year-old Lopez-Quintero, of Kenosha, was convicted of first-degree intentional homicide in the shooting of 48-year-old Deputy Frank Fabiano Jr. during a traffic stop in May 2007.

The judge said some of prosecutor Robert Zapf's closing remarks were prejudicial, but the overwhelming evidence made them add up to "harmless error."

The defendant is serving a life prison term.

His attorneys plan to appeal.

------

Information from: Kenosha News, http://www.kenoshanews.com



Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

www.chicagotribune.com/news/chi-ap-wi-d ... 7427.story

chicagotribune.com
Kenosha judge denies bid for new trial
Associated Press

11:18 PM CDT, June 10, 2008

KENOSHA, Wis.



An illegal immigrant convicted of murdering a Kenosha County sheriff's deputy has been denied a request for a new trial.

Circuit Judge Wilbur Warren III said Tuesday there was no basis to grant a new trial for Ezequiel Lopez-Quintero, even though he found fault with some of the prosecutor's comments during closing arguments of the trial last March.

The 45-year-old Lopez-Quintero, of Kenosha, was convicted of first-degree intentional homicide in the shooting of 48-year-old Deputy Frank Fabiano Jr. during a traffic stop in May 2007.

The judge said some of prosecutor Robert Zapf's closing remarks were prejudicial, but the overwhelming evidence made them add up to "harmless error."

The defendant is serving a life prison term.

His attorneys plan to appeal.

------

Information from: Kenosha News, http://www.kenoshanews.com



Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


www.chicagotribune.com/news/chi-ap-wi-d ... 7427.story

chicagotribune.com
Kenosha judge denies bid for new trial
Associated Press

11:18 PM CDT, June 10, 2008

KENOSHA, Wis.



An illegal immigrant convicted of murdering a Kenosha County sheriff's deputy has been denied a request for a new trial.

Circuit Judge Wilbur Warren III said Tuesday there was no basis to grant a new trial for Ezequiel Lopez-Quintero, even though he found fault with some of the prosecutor's comments during closing arguments of the trial last March.

The 45-year-old Lopez-Quintero, of Kenosha, was convicted of first-degree intentional homicide in the shooting of 48-year-old Deputy Frank Fabiano Jr. during a traffic stop in May 2007.

The judge said some of prosecutor Robert Zapf's closing remarks were prejudicial, but the overwhelming evidence made them add up to "harmless error."

The defendant is serving a life prison term.

His attorneys plan to appeal.

------

Information from: Kenosha News, http://www.kenoshanews.com



Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
http://www.chicagotribune.com/news/chi- ... 7427.story