APPLETON, WI (WTAQ) - Outagamie County prosecutors say they want to delay, and possibly drop charges temporarily, in the murder trial of a woman accused of helping to kill her domestic partner.
Dianna Siveny is charged with being party to murder and solicitation of substantial battery in the 2007 death of Lara Plamann.
Siveny allegedly offered Rosie Campbell $5,000 to kill Plamann, but when Campbell backed out, Siveny's daughter Kandi, allegedly shot Plamann.
Last year, Campbell confessed to police and was expected to testify against the Sivenys. Dianna's trial is scheduled for August 25, while Kandi's is set for September 29.
According to court documents filed Thursday, Outagamie County District Attorney Carrie Schneider says that Campbell has now refused to testify, even under an offer of immunity. Schneider called Campbell's testimony, "an important component and necessity in the prosecution of this defendant."
Prosecutors are looking to delay Dianna's trial until after Campbell's, which is scheduled to begin October 6.
It's the latest twist in this case. A judge previously ordered both Sivenys to be released on bond, ruling that the state violated their right to a speedy trial. Because of that, the state's petition outlines another alternative.
“The state needs to needs to proceed in a manner which requires this case to be moved until after Ms. Campbell’s trial. The state understands the exceptional circumstances and request that is being made. In the alternative, if the Court will not grant this request for a new date, the State is also submitting a Motion to Dismiss the matter. The state will then act and pursue prosecution of this matter until after other mattes have been resolved,” wrote Schneider.
FOX 11 reports that if Campbell is not convicted at the time of Dianna Siveny's trial, Campbell could invoke her 5th Amendment rights against self-incrimination. However, if she's convicted and then is called as a witness, the rules change in terms of her rights and how her testimony can be addressed by the attorneys.
There is scheduled to be a motions hearing at 9:30 a.m. Monday before Outagamie County Judge Nancy Krueger.
(Additional reporting from FOX 11).