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Published - Wednesday, September 10, 2008

POST COMMENT | READ COMMENTS (25 comment(s))

Judge bars victim’s in-law from Heisz sentencing

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The sister-in-law of a Beloit man, who died after being attacked outside of a Readstown bar in February, has been barred from attending the sentencing hearing for the man’s killer.

Marcy Kuykendall, 49, South Beloit, Ill., was served with papers from Vernon County Circuit Court, Monday, barring her from being at the courthouse in Viroqua when David A. Heisz, 26, Gays Mills, is sentenced for second degree reckless homicide for his role in the death of Kelly Kuykendall, 50. The sentencing is currently scheduled for Oct. 20. Heisz faces a maximum prison term of 25 years, which will likely be separated into separate terms of incarceration and extended supervision.

Judge Michael Rosbor-ough wrote in the order that Marcy Kuykendall went beyond “mere expressions of dissatisfaction” when she sent an e-mail to District Attorney Tim Gaskell, July 3, the day after Heisz pleaded no contest and was found guilty of killing Kelly Kuykendall. According to Rosborough, Marcy Kuykendall used inappropriate and indefensible language in the e-mail.

“More importantly and of greater concern, she goes on to express a wish that the defendant be murdered in the courtroom during sentencing,” according to Rosbor-ough.

A copy of Marcy Kuy-kendall’s e-mail shows that it includes profanity and strong negative opinions about the judicial system in Vernon County.

“Personally, I hope the Posey [sic] comes in and kills that (expletive) right in the court room in front of the judge…,” Marcy Kuykendall wrote in the e-mail.

In a telephone interview, Tuesday, Rosborough said it’s the first time he can remember ever barring someone from the courtroom for a sentencing hearing and that the order was self-explanatory. Rosborough has been on the bench for 22 years.

According to Rosborough, the content of Marcy Kuykendall’s e-mail was of such a nature that she should be barred from the sentencing. He wrote in the order, “The court has an obligation to maintain good order in the courtroom and insure the safety of all in attendance.”

Marcy Kuykendall is the wife of Kelly Kuykendall’s brother, Kris. The two have been married for three years, Marcy Kuykendall said in a telephone interview, Monday.

She said she is not repentant about sending the e-mail and believes the court has done more to protect Heisz than to serve justice for Kelly Kuykendall. Marcy Kuyken-dall said she didn’t directly threaten Heisz and that she’s upset she won’t be allowed at his sentencing.

“Personally I take offense that my rights are being disregarded, just like Kelly’s rights were disregarded, and it makes me feel sad and I just want to cry,” Marcy Kuykendall said.

According to the criminal complaint, Heisz pushed Kuykendall off a landing and beat him outside the front door of Pat's Corner Bar in Readstown during the early morning hours of Feb. 7. The incident occurred after an altercation inside the bar began with Heisz's cousin, Mikeal E. Heisz Jr., 28, pushing Kuykendall over bar stools to the floor. Mikeal E. Heisz Jr. was found guilty of battery and disorderly conduct for his role in the incident.

An autopsy found that Kelly Kuykendall suffered massive injuries when he was beaten outside the bar and he died after being transported to Vernon Memorial Healthcare in Viroqua by the Readstown EMS.

Despite being found guilty of homicide, Heisz has remained free on a $10,000 cash bond since his bond hearing in early February.

After the plea hearing, Kelly Kuykendall’s sister, Kim Reinke, said the Kuykendall family was waiting until after Heisz’s sentencing to make any public comments. The Kuykendall family and their supporters have been visible in the courtroom for all of the hearings regarding the case, making the seven-hour, round-trip drive that it takes to get to Viroqua from Beloit.

Gaskell said that Marcy Kuykedall’s e-mail “was probably just venting, but we have to take these things seriously.”

Gaskell’s office has forwarded the Broadcaster documents from both the district attorney’s office and Rosborough’s office that say the security planning for the sentencing for Heisz has taken into account possible disruptions “if not violence.”

Potential precautions were discussed at the August meeting of the county courthouse’s security and facilities meeting. Both Gaskell and Vernon County Sheriff Gene Cary have been in discussions with Rosborough to be “all on the same page reference extra security” when Heisz is sentenced, according to a letter sent from Gaskell.
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the facts wrote on Sep 16, 2008 2:40 PM:

" There is a maximum penalty of 25 years in prison for Second Degree Reckless Homicide...it will be up to the PSI Agent to make a recommendation to the judge and nobody knows what the sentence will be until the judge hands it down AT sentencing. "

the truh is out there wrote on Sep 15, 2008 3:27 PM:

" How do you know what the sentence will be? "

ONLY YEARS wrote on Sep 15, 2008 3:15 PM:

" Where does it say David Heisz is only getting 4 years in prison?! Where is the proof before sentencing? I did not read that in any official news story. That would be a miscarriage of justice for MURDER! If so, I am so outraged! I feel for Kelly's family! This is so scary to know if our beloved family members get killed in cold blood and the perp gets a light sentence for it! "

To Kris and Family wrote on Sep 15, 2008 3:08 PM:

" My fully Sympathy and Compassion to you and your family. I was a crime victim, but never had a devastating loss (murder of close family) and cannot imagine the grief and pain. I hope true justice as you stated in your touching post is done on Kelly's and your family's behalf. My heart goes out to Kelly's Mother especially. "

Kris K KuyKendall II wrote on Sep 13, 2008 3:04 AM:

" I don't think anyone understands the true travesty my mother has endured. As for myself, I lost my uncle Michael Lee Lounsbury October 5th 1988. That was my mother's brother. I spent October 7th in the cemetery burying my uncle; it also happened to be my Birthday. It has been years of hiding old scars from justice that was not served. I not so secretly cry every year on my Birthday. The intoxicated person who took his life recieved the same sentance that Mr. Heisz will be recieving.

It is not fair that he will be free after only 4 years of incarceration. I personally see my uncles murderer at various bars and other establishments taht serve alcoholic drinks. I make my presence known wherever I see him. He was released after 4 years as well, and quite frankly he is still drinking and driving. It is only a matter of time before it happens again for him, he is not nor will never be "reformed" of his neglegent behavior as a young man who is now middle aged.

On Febuary 7th 2008 my uncle Kelly Kuykendall was taken from me. I share the same penash for fishing, hunting and gathering things as he did. I will never have the chance to do that with him ever again. I also have another day to cry for the rest of my life because it happend to be my fathers Birthday that day as well.

I am currently writing a letter to the Judge in this case for either reading before sentancing or to be personally read by myself in the courtroom. I am also in need of assistance in starting a non-profit organization for the rights of the unjustly deceased.

Ignorance of facts is not a "cop-out" which is what the court is allowing for Mr. Heisz. On Febuary 6th 2008 Mr. Heisz had a weapon at his disposal. He used it as effectivly as any gun, knife or bludgeoning object, that weapon was alcohol. I harbor no ill will for Mr. Heisz, however from personal life travesty I understand and believe that a prison term of 25 years with no parole will "reform" Mr. Heisz.

I hope he looks my Grand-father in the eyes and sees what Kelly would look like at 75 years of age. It is the only reference my family will ever have to go by because of his life being cut so short.

Now that I have expressed facts, doesn't it seem harsh to judge someone for their emotional vows? Also remember my calander year of events is down to 363 days because of this. I only ask for respect for all opinions as well as facts that cannot be denied. "

Anna wrote on Sep 12, 2008 4:42 PM:

" Well it was pretty dumb to send those comments in e-mail. Still, violent offenders seem to have it easy these days. One can only hope he gets put in a prison where he's on the receiving end of it next time. Law abiding folks get killed and criminals are merely slapped around. "

the truth is out there wrote on Sep 12, 2008 2:16 PM:

" All you wing nuts keep saying Vernon County. I live in Vernon County I had and have no part in this, and neither does anyone else in this county EXCEPT the Judge. One more time for all of you that have trouble understanding. He was found guilty and now the Judge and only the Judge will determine his sentence and his bond. Quit throwing Vernon County around. "

holy cow wrote on Sep 12, 2008 11:29 AM:

" Voicing your opinion though, in such an inappropriate manner, is definitely not the way to approach it. Keep those destructive thoughts to yourself. Your opinion that you want someone murdered right there in court? That's something more like to keep in your head, not write to the D.A. about. Everyone is broken up about what happened to Kelly, no doubt about that, but you do not see anyone else writing horrible letters like that. We all want certain things done to the MURDERER but at least we have the sense to keep it to ourselves. "

To Duh wrote on Sep 12, 2008 9:36 AM:

" That is not a threat. It is her expressing a wish. If anything, her "hoping someone else" does this is an indication that she will not be doing it. Have some respect for the victims family, please. This guy didn't just threaten to kill their loved one. He actually did it. "

toomy wrote on Sep 12, 2008 8:49 AM:

" Yes she certainly blew it with threatening comments. We cant have that. Much like we cant continue the "goodol boy" network. Do you all realize how unbelievablr this whole thing is? The average bail for this crime is 250,000. Time for some oversight from the Attorney General here,realy!! "

Justice Needed wrote on Sep 12, 2008 8:42 AM:

" If you read what she wrote, she did not say she intended on killing anyone, just that she hoped someone did. That is not a prediction of a future event, only an expression of the outrage she feels (albeit with profanity). Can you truly blame her?

I personally believe in the death penalty under certain circumstances. Would I take the law into my own hands and be the executioner? Of course not. That's why we have courts of law and they mete out the punishments. There is a huge difference between the two.

As far as her having very strong negative opinions about the judicial system after the way this case is playing out, she is not alone.
How SHOULD she feel about this case?

It would honestly not surprise me if the judge makes a move to clear the entire courtroom for sentencing, or even possibly move this sentencing elsewhere, to avoid these negative opinons. This case has been anything but typical in how it has played out.

They say a person is innocent until he's proven guilty. It would not of taken a rocket scientist to know Heisz's guilt BEFORE he was found guilty. Even so, he WAS found guilty. Why is he out walking around? How does he dare? Does he not "run into" Kelly's family and friends out in the community? If the court system is so concerned about his "safety" after he beat a man to death, why IS he out walking around? "

In Shock wrote on Sep 12, 2008 8:41 AM:

" I agree with Outraged, what is this person doing walking the streets???? He is found guilty and he is out on a $10,000 bond? He should be in jail and he should have NO rights. So what if she sent that e-mail, so what if she threatened him. If he was in jail, where he is supposed to be, it wouldn't be an issue because no one could get to him. He took a life, he should rot in jail for the rest of his. If that was my family member that got killed and I knew that his murderer was walking around free, I wouldn't only be sending e-mails to the judge. It would be EVERYONE involved in the whole judicial system and government. "

Home Girl wrote on Sep 12, 2008 8:09 AM:

" Well, I'm not surprised. Vernon County is harder on noncustodial parents who get behind on their child support than they are on murderers. Sounds fair (sarcasim intended). After all, they have their "rights", too. LOL "

Outraged wrote on Sep 11, 2008 3:40 PM:

" Email or no email, I am having a very hard time believing what I just read!! The murderer himself is out on a $10,000 bond until sentencing???? And since Feb!!! What is Vernon County thinking?? He murdered someone!! There are tougher penalties for drug dealers! I hope he gets life in prison with out eligibility for parole!! But knowing Vernon County he will get out soon rather than later. "

marcy kuykendall wrote on Sep 11, 2008 12:48 PM:

" Justice for all is what I wanted. I do not speak for the family just myself and I have a constitutional right to voice my opinion. Justice to the people and victim rights. "

No rights for Victims wrote on Sep 11, 2008 10:41 AM:

" It's the same ol story these days! Criminals have all the rights the victim never had, the right of protection. Let the punishment fit the crime! I want the first wack at the bass turd! "

Duh wrote on Sep 11, 2008 10:38 AM:

" She threatened his life saying
"Personally, I hope the Posey [sic] comes in and kills that (expletive) right in the court room in front of the judge, Marcy Kuykendall wrote in the e-mail

thats why shes not allowed in the court room. "

Harmless wrote on Sep 11, 2008 9:53 AM:

" Personally, I hope the Posey [sic] comes in and kills that (expletive) right in the court room in front of the judge, Marcy Kuykendall wrote in the e-mail. UMMM, a HARMLESS e-mail...??? I don't think so... "

My Slant wrote on Sep 11, 2008 9:37 AM:

" Injuries suffered from being shoved off the steps and the beating after the fall cast a whole new light in my eyes as to the intent and guilt of this man. He had a few seconds to grasp his intent, and it shows through. I am also very disappointed in our Justice System, he's a repeat offender. "

Yeah... wrote on Sep 11, 2008 8:54 AM:

" We would hate to make Heisz uncomfortable or inconvenience him after he killed a man in cold blood. "

cents wrote on Sep 11, 2008 7:56 AM:

" Barring someone from the court room due to a harmless e-mail is wrong. How hard is it to remove someone if they get out of hand. There will be an overabundance of law enforcement there already. "

Right Is Right wrote on Sep 11, 2008 6:25 AM:

" There is a different take on this. Why not allow her to be there, make sure security is tight (which it probably needs to be anyway as high as emotions are running in this case) and then if she (or anyone else) disrupts the proceedings, kick her/them out. Yes, maybe she should have been more in control when she was in court last time. I do, however, find it a little odd that Heisz hasn't had many restrictions put on him after he's been proven guilty of murder but this woman has gotten this one because she MIGHT be mouthy (and yes, I know the chances are pretty good she will be again.)

Although trying to predict trouble ahead of time might seem prudent, this seems almost un-American because someone MIGHT cause trouble, don't let them be there? I'm sure, depending on the sentence, that there are going to be a lot of people outraged depending on this sentence. They deserve to be outraged. They had a family member murdered and the person responsible has been out walking around as free as a bird. You can't expect any person with emotions who cared about their family member NOT to be upset.

I'm not related to Kelly and I'm upset at the callousness and brutality of this crime, and the seemingly lack of justice so far. There will be many, many people watching how this whole tragedy plays out. "

holy cow wrote on Sep 10, 2008 10:41 PM:

" what kind of nutcase would send an e-mail like that? if anything else she's probably causing the family more stress than they already have on their shoulders. "

Intersting Day in Court wrote on Sep 10, 2008 7:12 PM:

" I think it was a very wise move to have her barred from the court room. I really don't think they can take a chance by having her there, I think they are going to have their plate full that day as it is. "

Justice-for-all wrote on Sep 10, 2008 2:51 PM:

" And once again.. ONE person speaks for the whole family.. or do they? "


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