The state rested its case in the Bodahl murder trial Thursday morning, and a few hours later, so did the defense.
Once lawyers make their closing arguments today, Daniel Kelly’s fate is in the hands of the 12-member jury. If convicted of first degree reckless homicide, Kelly, 31, faces up to 40 years in jail with 20 years of extended supervision.
Prosecuting attorney Lana Mades, assistant district attorney, brought her case to rest without calling to the stand Jesse Miller, the 19-year-old who put sections of UW-Madison’s campus on lockdown in September. Throughout the state’s case, Mades called several witnesses to the stand, many of who offered slightly inconsistent testimonies.
Of the evidence exhibited by lawyers, the .22 mini revolver used by Kelly to kill 23-year-old Austin Bodahl on the 600 block of State Street in May seemed to spark some of the most compelling cross examinations.
The defense, led by Tracey Lencioni, called Trygve Strand, owner of the Ammo Box in Sun Prairie, to the stand first. He said a fair amount of background research goes into purchasing a gun. He also said it is commonplace to check past records and verify the consumer does not have a criminal past.
During cross examination, when Mades asked Strand if he could recall a kilt-wearing man ever coming into his store to buy a gun, Strand chuckled.
“Lady, you wouldn’t believe what comes in this store,” he said.
Records revealed Kelly, who was known to wear a kilt, did indeed purchase the small gun from his store in June 2006. As Mades dangled the small gun, Strand said despite its size, it is just as lethal as any other gun.
Strand proved to be one of the few witnesses called to the stand by the defense, at least in contrast to dozens summoned by Mades. Lencioni and public defender Dennis Burke chose to rest their case after Dane County Circuit Court Judge Daniel Moeser ruled out a piece of testimony which Burke called probative and necessary for the jury to know in deciding the verdict.
Judge Moeser said the case should be in the jury’s hands late this morning. However, it remains to be seen when the verdict will come.
