(Juneau) Attorneys for a Fox Lake murder suspect have withdrawn a motion that sought to exclude newly-discovered evidence from being introduced. That after Dodge County District Attorney Kurt Klomberg agreed not to use the evidence – discovered on Tuesday – in the two-week jury trial of Lavern Ware Jr, which is set to get underway in ten days.
The 38-year-old Ware appeared in court Thursday alongside his attorney, Aneeq Ahmad. The motion sought to dismiss odometer readings retrieved from two vehicles that are tied to the case which apparently show, down to the second, vehicle mileage and exactly when the vehicles were moving. Ahmad maintains that the evidence suggests the window of time that the murder likely took place. He says the readings support the statements and timeline of the state’s chief witness, Vernon Mickey, who is accused of helping cover-up the murder. The motion stated that the evidence was discovered just two weeks before the trial and counters statements from eye-witnesses who reportedly saw Ware’s vehicle the night of the murder.
During Thursday’s hearing, Klomberg said that the evidence was first discovered two years ago but a detective incorrectly labeled it which caused the files to go unnoticed. He said on Tuesday, the files were discovered again and were immediately sent to the defense. Following an investigation into the matter, Klomberg said there is no proof the evidence was deliberately mishandled or that the District Attorney’s Office was at fault. The D-A said that the state will not use the evidence to keep the March 4th trial date on the calendar.
Ahmad, who was seeking to either postpone the trial or exclude the evidence, then agreed to withdraw the motion. He said his client would also like to see the trial proceed on schedule.
Ware is accused of murdering his girlfriend and first cousin, Sesalie Dixon, in December of 2016. The 27-year-old was found in the cab of Ware’s pick-up truck inside a Fox Lake garage with a gunshot wound to the head.