Gerald Turner appears before Fond du Lac County court, March 8, 2024. (Zoom)
FOND DU LAC, WI (WTAQ-WLUK) – A judge will hear arguments in July if Gerald Turner is entitled to another “probable cause hearing”, as the state’s effort to have the “Halloween Killer” committed as a sexual predator slowly continues.
Turner, 75, was convicted of sexually assaulting and killing 9-year-old Lisa Ann French while she was trick-or-treating in Fond du Lac in 1973. Her body was found a few days later in the town of Taycheedah.
His prison term is complete, but the state filed suit in 2018, seeking to have Turner deemed a sexually violent offender, and ordered to remain at a secure mental health facility under the Chapter 980 sexual predator law. His attorneys have opposed the request and want him released. Seven years later, that process is still going on.
The latest motion by Turner’s attorney asked for a reconsideration of the probable cause finding, which is a preliminary ruling that the case has merit and moves it forward towards trial.
Defense attorney Robert Peterson said in court Wednesday that circumstances and evidence have changed since probable cause was found in 2022, meaning a new hearing is justified.
Assistant Attorney General Devra Ayala said the state opposes a new hearing.
Both sides will submit written briefs. Fond du Lac County Judge Anthony Nehls scheduled a July 8 hearing to determine if such a hearing should be granted.
If it is allowed, then the new probable cause hearing would be scheduled. If the motion is denied, a trial date could be scheduled.
That said, Turner could appeal a ruling denying a new probable cause hearing, and his attorney has said he may appeal a previous ruling not allowing a summary judgement motion in the case.
Turner is currently held at the Sand Ridge Secure Treatment Center in Mauston.
After serving 17 years in prison for a 38-year sentence, Turner was released from prison in 1992 but returned to prison that same year following a court decision challenging calculation of time served. Turner was again released on parole in 1998 but returned to prison in 2003 for 15 years after pornographic images were found on his computer.
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