Kempainen murder trail delayed
Diminished capacity motion filed
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HOUGHTON -- Margaret Kempainen will not stand trial on Nov. 16 as originally scheduled.The 53-year-old Wisconsin woman is charged with homicide-open murder for her alleged role in the 2023 killing of her father-in-law Alvin Kempainen of Hancock Township. Margaret Kempainen’s son Jacob Kempainen, was sentenced to 15-50 years in prison after pleading guilty to second degree homicide in April for his role in the killing.
In what was the intended to be the final pre-trial conference before her November trial, Kempainen's defense attorney Antonio Ruiz filed a motion to use a diminished capacity defense for his client. It was an illegal defense in the State of Michigan for 25 years until the Michigan Supreme Court overturned the ban in July.
Ruiz cited People v. Madison, which originated in downstate Ottawa County. The ruling effectively overturns People v. Carpenter, which for the last 25 years, required strict requirements establishing whether a defendant was fit to stand trial.
Ruiz asked the court to adjourn the trial date and said he was prepared to go to trial until the decision (People v. Madison) was handed down a few weeks ago. "This was always something that was rumored the [Michigan] Supreme Court was going to be looking at," he said. "Obviously we got the decision very recently."
Houghton County Prosecutor Dan Helmer said he unhappily agrees with the defense and the court regarding to the new legal precedent in Michigan. "As much as I hate to say, this needs to be adjourned," he said. "This wouldn't have been allowed for 25 years, then you have [six] of our Supreme Court members who -- to no one's surprise -- I guess missed their calling as Big 10 officials and put another second back on the clock. I feel a little bit like Western Michigan here."
12th Circuit Court Judge Brittany Bulleit said she agrees with the motion to adjourn and wants the next pre-trial conference to take place in December. "The court, as much as I do not like it, because we did everything in our power to make sure this was the trial day that could go, does agree that an adjournment is necessary," she said.
This is the second time a trial date has been adjourned in this case. There is no current date set for the next pre-trial conference. Judge Bulleit said the court hopes it can take place before Christmas.