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.
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.


the facts wrote on Sep 16, 2008 2:40 PM: