Motion to submit new evidence in the Jacob Kempainen case denied in 12th Circuit Court

A motion to add evidence to the Jacob Kempainen case was denied in Houghton County 12th Circuit Court. On Monday a motion hearing was held for Jacob Kempainen in Houghton County’s 12th circuit court, presided by Judge Brittany Bulleit. Defense attorney David Gemingani requested the counseling sessions of a minor be submitted as evidence. He stated that the session could show relevant evidence pertaining the Kempainen’s defense.

This motion, as stated in the motion itself, is based on our request for access to records better to understand the witness and the perspective of the incident. And the reason listed is given the nature of topics discussed in counseling. Those are very broad concepts. And Mr. Geminani yourself, you acknowledge it’s a phishing expedition, said Judge Brittany Bulleit. It’s not allowed under the case law. So the court finds under Davis, Christian, and Stanaway, the described request is only based upon generalized assertions and no specific facts and is disallowed under those cases.

Kempainen’s sister, a minor, was taken into protective custody when Jacob and Margaret were arrested in December 2023. Since the incident, she has been in counseling. The motion to submit those counseling sessions was deemed as a phishing expedition by the circuit court and was denied.

The defense withdrew a second motion that would suppress testimony stored on a jump drive. County Prosecutor Dan Helmer said he does not plan to use the material, as other evidence contains relevant testimony.

Jacob Kempainen is charged with open murder and felony firearms. He is accused of shooting Alvin Kempainen in December 2023 when he, his mother Margaret Kempainen, and a minor drove to Alvin’s residence in Hancock Township. Allegedly he shot Alvin after he and his mother enter the home. Margaret and Jacob were arrested in Clear Lake, Iowa on December 20^th. A minor was also taken in for questioning and was released to Alan Kempainen, her father.

In April this year, Jacob and Margaret were found competent to stand trial. In September the Mining Gazette published the Kempainen’s trial was postponed to January 2025. The last chance to enter pleasing the case is December 5^th.