By Jessica La Plante
News-Chronicle
At a sentencing hearing today, convicted killer Tyson Kreuscher will be ordered to spend the rest of his life under the supervision of the state. Whether it is in jail or on parole later in life will be decided by a Brown County judge.
A jury convicted Kreuscher in March of intentionally killing two Hobart/Lawrence police officers on July 22, 2002, by ramming his pickup into their squad car.
The only question in front of the judge is when, if ever, the 28-year-old will be eligible for parole.
A team of prosecutors, defense attorneys and relatives of the officers, among others, are expected to speak at the sentencing today.
"There will be representatives, parents, spouses, siblings, from both of the victim's families," said Deputy District Attorney John Luetscher.
By state law, a person convicted of first-degree intentional homcide is required to serve a mandatory "life" sentence with at least 20 years of prison time followed by parole.
"If a judge wants to set parole (to) a later date, he has that option," Luetscher said. "If he wants to decide that there should never be any extended supervision eligibility release, he can make that decision as well."
A major factor in the sentencing question is the severity of the offense. The intentional ramming killed officers Stephanie Markins and Robert Etter instantaneously.
During a two-week trial, jurors listened to police officers and eyewitnesses describe how Kreuscher gunned his pickup before broadsiding the squad car parked near West Mason Street.
The jury did not find him guilty by reason of mental disease or defect, which became a large part of the trial.
At the hearing today, discussion about Kreuscher's mental status is likely to resurface. Among the factors that might reduce the defendant's sentence, Luetscher expects both "the absence of any significant criminal record and the history of mental illness" to be argued.
Whatever a judge orders, the sentencing hearing today is unlikely to be the final discussion on Kreuscher's fate. Defense attorney Thomas Phillip said he expects to file an appeal.
"Although that's a decision for the client to make, I'm about as sure as I can be that there will be an appeal," he said.
One of the issues to be addressed in an appeal is the effect of pretrial publicity on the trial process, Phillip said.
"The pretrial publicity was so extensive that it had to affect the jury selection process, because we did the individual questioning and almost every juror had some knowledge of the case," he said.
Phillip and public defender Michael Hanna will represent Kreuscher at the sentencing hearing today.