UPDATE: May 22, 2017 -- The judge has denied the motion.
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The man convicted and sentenced to life in prison for killing a Manitowoc Police Officer more than twenty years ago, will be back in court Monday.
Attorneys for Jason Halda argue because he was 17-years-old at the time of the murder, his brain wasn't responsible for decision making.
Halda was found guilty of first degree intentional homicide in 1999. He appealed in 2001, but the conviction was upheld.
In January of this year, his attorney filed a new motion citing reasons why the case should be heard again.
Halda was convicted for killing Officer Dale TenHaken. According to records, Officer TenHaken made a traffic stop in September 1998 for a car not having license plates of headlights on at an apartment complex.
TenHaken radioed for backup and Halda shot him multiple times. An accomplice was sentenced to 22 years in prison.
Halda is now 36-years-old. In the motion filed by new attorneys, it cites numerous legal cases stating life in prison without the possibility of parole violates the Eighth Amendment, saying being 17-years-old at the time of the murder, Halda had the "lack of maturity and underdevelopment sense of responsibility".
They also cite peer pressure because there were other people in the car. In the motion filed, it states “juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure”.
However, the in the state’s response to the motion, it argues this was not an impulsive act. The brief states, “This was an intentional act and done without any remorse. A witness even testified that Mr. Halda states it was a rush to commit this crime and would be willing to kill additional police officers.”
The motion cites they would like the possibility for parole in this case.
Jason Halda is scheduled to be in court in Manitowoc County Monday, May 22.
