Thursday, January 10, 2013
JANESVILLE — The attorneys for a Janesville man charged with strangling his estranged wife say the murder charge against their client should be dismissed because of a lack of evidence.
Krystofer R.R. Carlisle, 54, pleaded not guilty Tuesday to a charge of first-degree intentional homicide in the death of his wife, Traci Moyer, 46. Defense attorneys Megan Reed and Cynthia Stoppel, both assistant public defenders, filed a motion to dismiss the charge.
Police went to Carlisle's home early on the morning of Dec. 8 after Moyer's daughter called with concerns for her mom's safety. Moyer had missed appointments with her daughters, according to court documents.
Moyer's car was running in the driveway of the home at 315 W. Racine St., Janesville, according to the search warrant filed by Janesville police.
Police found Moyer's body on a bed in the home. She had cord wrapped around her neck, according to the search warrant.
Police found Carlisle unconscious next to Moyer; he was admitted at Mercy Hospital and Trauma Center, Janesville.
Hospital staff found a piece of white cord in Carlisle's pocket similar to the cord wrapped around his dead wife's neck, according to court documents.
For several days, police were unable to talk to Carlisle because of his medical condition.
Police arrested Carlisle on Dec. 12 at the hospital.
Moyer had filed for divorce in November.
According to the motion to dismiss, the criminal complaint filed by prosecutors does not establish probable cause that Carlisle committed the crime.
Carlisle's proximity to his dead wife's body is the only established connection between Carlisle and Moyer's death, according to the motion. The criminal complaint does not establish that the cord or rope used to strangle Moyer was the same that Moyer had in his possession, according to the motion.
"The complaint fails to establish a time of death, or that another individual was not at the home at the time of death," the motion reads.
Carlisle is in custody at the Rock County Jail on a $250,000 bond. The case is assigned to Judge Richard Werner, but Carlisle's next court appearance has not been scheduled at this time.