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The defense attorney for John Tetting Jr., 25, filed a motion to vacate the plea earlier this week in Juneau County Circuit Court.
A hearing on the motion is set for 3 p.m. June 2.
Special prosecutor Mike Luell said he will contest the motion filed by attorney John Brinckman, who was appointed to represent Tetting.
“I think this (motion) will delay the case quite a bit,” Luell said.
Tetting pleaded no contest April 7 to two counts of party to the crime of second-degree reckless homicide. He was charged Oct. 5, 2007, in the shooting deaths of Joshua Alderman, 31, of La Crosse and Tabatha Nealy, 23, of Wisconsin Rapids. Their bodies were found March 11 inside a car in the town of Finley north of Necedah, Wis.
Tetting is accused of driving David Turner, 33, of Tomah to the secluded spot where Turner shot Alderman and Nealy, according to the criminal complaint. Turner has pleaded not guilty to two counts of first-degree intentional homicide and has a status conference scheduled for June 2.
Tetting said he did not intentionally aid the crime, Brinckman said, because he did not know the shooting would occur when he drove Turner that night. After the killings, Turner made Tetting drive him home after threatening to kill Tetting and his sister, Brinckman said.
Tetting now is determined to go to trial, Brinckman said.
Luell will subpoena Brinckman for the June hearing to discuss how he and Tetting decided to accept a plea offer, Brinckman said.
Another defense attorney will have to be appointed for Brinckman to testify at that hearing, he said.
If the judge accepts the motion to vacate the plea, the new attorney would remain on the case, Brinckman said.
Anne Jungen can be reached at (608) 791-8224 or ajungen@lacrossetribune.com.
