Child Killer Shows No Emotion as Jury Delivers Guilty Verdict

[00:00:00] Speaker 1: All the parties are present. I understand Mr. Torberson can't, he's stuck in some other hearing or something. [00:00:05] Speaker 2: Yeah, he is not available at the moment, Your Honor. He said we can go ahead and proceed. He apologizes. [00:00:12] Speaker 1: No, yeah, I mean, he's, it's okay, at least one of you's here. So all the parties are here, everybody's present, except for Mr. Torberson because of conflict. One thing I do want to say before I, before we bring the jury in, this case is obviously very emotional, very difficult for everybody. And I just want you all to realize that this is the process. I still expect there to be decorum. I don't expect that. I expect there not to, I'd ask you not to shout out, not to say one thing or another. You know, please leave orderly at the end, whatever the result may be. And I'll say, and just one last thing, is that a case like this, and I've had a number of them, it is raw emotion which is there, and I know that. It is very important that we deal with this in this way. And so I ask for all of you to take that into consideration. And ultimately, we all are grieving over this situation. So having said that, let's bring the jury in. If you haven't turned off your cell phone or you don't see any cell phone, you don't see any cell phone. No, thank you. Sorry about that. I should have said that. Thank you. All right, everybody may be seated. And has the jury reached a verdict? We haven't. Okay, could you hand it to Terri and she'll hand it over to me? Thank you. [00:02:43] Speaker ?: Make sure we have all the six pages. Okay. Okay. Okay. Okay. Okay. [00:02:51] Speaker 1: Okay. Thank you. [00:03:23] Speaker 2: State of Wisconsin versus Josie Dykeman, La Crosse County case number 23 CF 475. Count 1, we the jury find Josie Dykeman guilty of first degree reckless homicide as charged in count 1 of the information. Signed by the foreman. Verdict for count 2, we the jury find Josie Dykeman guilty of chronic neglect of a child consequences is death as charged in count 2 of the information. Signed by the foreman. Count 3, we the jury find Josie Dykeman guilty of physical abuse of a child, of a child, repeated acts causing death as charged in count 3 of the information. Did at least one violation cause the death of the child? No. Did at least one violation result in great bodily harm to Alexander Pendron? Yes, signed by the foreman. [00:04:29] Speaker 1: So as to those verdicts, I'm going to ask you as a joint, you just say yes at first but then I'm going to go through each verdict. First question is, is that your verdict as a jury? [00:04:41] Speaker 2: Yes. [00:04:42] Speaker ?: Yes. [00:04:43] Speaker 1: So what I'm going to do is I'm going to go through each one, I'm going to poll the jury, then I'm going to go through each one of you, I'm going to use numbers 1 through 7, 1 through 5 here, 1 through 7 to 12, excuse me. Okay, so first of all, juror number 1, is that your verdict as to count 1? Yes. Actually, the person behind you. Alright. Juror number 2, is that your verdict as to count 1? Yes. Juror number 3, is that your verdict as to count 1? Yes. Juror number 4, is that your verdict as to count 1? Yes. Juror number 5, is that your verdict as to count 1? Yes. Juror number 6, is that your verdict as to count 1? Yes. Juror number 7, is that your verdict as to count 1? [00:05:32] Speaker ?: Yes. [00:05:33] Speaker 1: Juror number 8, is that your verdict as to count 1? Yes. Juror number 9, is that your verdict as to count 1? Yes. Juror number 10, is that your verdict as to count 1? Yes. Juror number 11, is that your verdict as to count 1? Yes. Juror number 12, is that your verdict as to count 1? Yes. Juror number 1, is that your verdict as to count 2? Yes. Juror number 2, is that your verdict as to count 2? Yes. Juror number 3, is that your verdict as to count 2? Yes. Juror number 4, is that your verdict as to count 2? Yes. Juror number 5, is that your verdict as to count 2? Yes. Juror number 6, is that your verdict as to count 2? Yes. Juror number 7, is that your verdict as to count 2? Yes. Juror number 8, is that your verdict as to count 2? Yes. Juror number 9, is that your verdict as to count 2? Yes. Juror number 10, is that your verdict as to count 2? Yes. Juror number 11, is that your verdict as to count 2? Yes. Juror number 12, is that your verdict as to count 2? Yes. Juror number 1, is that your verdict as to count 3? Yes. Juror number 2, is that your verdict as to count 3? Yes. Juror number 3, is that your verdict as to count 3? Yes. Juror number 4, is that your verdict as to count 3? Yes. Juror number 5, is that your verdict as to count 3? Yes. Juror number 6, is that your verdict as to count 3? Yes. Juror number 7, is that your verdict as to count 3? Yes. Juror number 8, is that your verdict as to count 3? Yes. Juror number 9, is that your verdict as to count 3? Yes. Juror number 10, is that your verdict as to count 3? Yes. Juror number 11, is that your verdict as to count 3? Yes. Juror number 12, is that your verdict as to count 3? [00:07:12] Speaker ?: Yes. [00:07:13] Speaker 1: As indicated, with that, members of the jury, you have completed your duty as a jury duty, not only that, your duty for this trial. It's been a long three weeks. I want to thank you for your time. I do want to come back and talk to you a little bit. It's about some information we're handing out for these type of trials, basically about trauma and some other issues. So, if you can't stick around a couple minutes, we should be there. We'll need to talk a little bit here as to what to do next, and I'll be right out. Thank you so much. [00:07:52] Speaker ?: We'll see you in a minute. Thank you so much. [00:07:52] Speaker 1: Thank you so much. We'll see you in a minute. [00:07:54] Speaker ?: Thank you. Thank you. [00:08:25] Speaker 1: Thank you. Everybody may be seated. Um, obviously, um, first of all, the question for the state, any objection to how the court did the polling? [00:08:38] Speaker 2: No, Your Honor. [00:08:39] Speaker 1: Obviously, there's conviction for each one of these counts. It's not the, uh, it's the lesser included. It's essentially on count one and three. It's the original two. Um, because the convictions have been, the convictions will, Mr. Toverson, if you want to come on up, that's fine. Um, the court will go ahead and, um, at this point, accept those verdicts. I'll enter them into the, um, into the record. Court's going to order a pre-sentence investigation. Um, and order a sentencing, it's probably going to be more like 60 days. Just simply for the complexity of this. Um, given the seriousness of these charges, given everything else, I am going to revoke the bond at this point. [00:09:29] Speaker 3: I'd like to be heard on that, Your Honor. [00:09:30] Speaker 1: Go ahead. [00:09:31] Speaker 3: Judge, since the state's primary witnesses, one of them is an admitted perjurer. Um, the other two were obviously lying. Given Ms. Bond compliance throughout the course of this case. Given the fact that the man actually responsible for this child's death is seated free in the back of this courtroom. We're asking that the court continue her bond while we prepare her sentencing. State's position. The jury's found her responsible for the death of this child. The presumption of innocence is gone. She should be remanded. [00:10:03] Speaker 1: The court's remanded her into custody at this point in time on the basis. Not only, I know that she's been very compliant with Bond, but these are very serious charges. She is found guilty at this point. I agree with the state. Um, um, I think the other issue we raise is not for this court to decide. That's for a different form. Um, the, um, uh, without the court will remain during custody right now. As far as the, the case goes, I am, we are concluded as of today. I'll get a date for the sentencing. Uh, there might be an alternative PSI maybe. Judge, uh, couple things. [00:10:43] Speaker 3: One, um, Ms. Dykeman maintains her fifth and sixth amendment rights to silence and does not wish to be questioned by any, um, law enforcement officer or agent of the state while remanded. Two, I'm asking the court to order that the PSI not come with a specific recommendation, um, due to the anchoring effect and due to the fact that the recommendations vary widely and are inconsistent with state versus galleon. Um, number three, I can tell the court that we're going to advise Ms. Dykeman not to cooperate with the PSI and meet with the agent. Um, and number four, I am told that there should be some exculpatory reports that we have not received regarding at least three different witness interviews and the laboratory testing, um, of the substance, which proved to be sucrose, um, allegedly. So I, I, I'm putting that on the record that we are still requesting those reports. Okay. [00:11:35] Speaker 1: So, um, obviously I'm still going to order a PSI for the, the background information, um, even if she doesn't participate, um, as far as the issue of, um, uh, get a date, uh, if you end up doing an, if you end up doing an alternative PSI, just let us know. Obviously we need to give enough notice for everybody to be here for the sentencing and plus for the and plus for the victims to make their, their statements. Um, anything else today from the state's perspective? No. Thank you. No, Judge Zachern. All right.