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During a preliminary hearing, Charles Lo Piccolo's attorney convinced La Crosse County Circuit Judge Dale Pasell to order a psychological examination to determine if Lo Piccolo is competent to be tried.
Later, Pasell determined there was enough evidence to try Jacquelyn Lo Piccolo in the shooting death of Irvin H. Johnson on June 28, but her attorney said he might pursue a not guilty by insanity plea.
The Lo Piccolos, who are in jail on $500,000 cash bonds, face life in prison if convicted of intentional first-degree homicide in Johnson's death.
Prosecutors claim the Lo Piccolos ended a contentious relationship with their son-in-law when Charles shot Johnson three times in the chest the day after Johnson "disrespected" Jacquelyn during a phone call.
During the hearing, two
La Crosse police officers testified that when they arrived at the scene of the killing at 1311 Green Bay St., they found the Lo Piccolos sitting on the front sidewalk. Charles told one officer he shot Johnson in the upstairs apartment and put the gun in his van.
Another officer said Jacquelyn told him they took care of the problem in "the old Sicilian way."
Based on that testimony, Pasell found enough evidence to bind Jacquelyn over for trial.
During Jacquelyn's arraignment, her attorney, Robert Ferg of Chippewa Falls, Wis., entered a not guilty plea, but also reserved the right to change the plea to not guilty by reason of mental disease or defect at a later date.
Ferg, who was named Jacquelyn's attorney July 3, told Pasell there are serious mental issues with his client but said he was not sure if she will pursue an insanity plea.
Pasell, who refused to delay the preliminary hearing and arraignment, said he will give Ferg the time he needs to properly examine that and other issues crucial to ensuring her rights are protected.
He also said Ferg will have additional time to enter motions while Charles' competency is evaluated.
In an affidavit, defense attorney Russell Hanson said a psychological evaluation is needed because Charles was previously under psychiatric treatment, was taking mind-altering drugs and there was evidence of psychosis.
Deputy District Attorney Loralee Clark argued that Hanson is trying to "delay or split" the cases.
Clark said Charles was on Zoloft at one time, but added that investigators found no prescription medication in Charles' name when they a searched the Lo Piccolos' home and vehicle shortly after the shooting.
Clark also said Charles worked as an engineer with Best Power Technology in Necedah, Wis., up to one day before the killing.
Pasell, who said he wants to try the Lo Piccolos together despite the delay, said Hanson raised reasonable doubt about Charles' competency and ordered the evaluation and a competency hearing for 3:30 p.m. June 25.
Jacquelyn's next court date will be a status conference at 9 a.m. Aug. 19, Pasell said.
Dan Springer can be reached at (608) 791-8269 or at dspringer@lacrossetribune.com.
