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Appeals court: Milwaukee man wrongly sent to prison for killing parents

MILWAUKEE (WTAQ) - A Milwaukee man was given a new trial Tuesday, after an appeals court said he was wrongly sent to prison for killing his parents.  

Corey Kucharski, who's 39, was convicted of two counts of homicide for shooting Ralph and Pamela Kucharski to death in 2010 in the home where all three had lived.  

Corey was found to have schizophrenia, but Circuit Judge Jean DiMotto refused to accept his insanity plea.

The judge said Kucharski knew what he was doing when he murdered his parents -- but on a 2-1 vote Tuesday morning, the First District Appellate Court said the defendant was clearly in a psychotic state, and there was no other way his behavior could be explained.  

Had the judge ruled Kucharski insane, he would have gone to a mental institution for an indefinite commitment. Instead, he was given life behind bars.  

The state Justice Department tried striking down Kucharski's appeal. Tuesday, a spokeswoman said the state might ask the Supreme Court to reinstate the prison term. 

(Story courtesy of Wheeler News Service)