Defense: An appeal may be forthcoming

Lead defense attorney Robin Shellow makes her closing statement to the jury. Shellow spoke for more than an hour, saying Lee Stellmacher had been set up and entrapped.

Both sides are reacting as the “guilty” verdict sinks in for the Green Lake County man accused of trying to hire a hit man.

Lead defense attorney Robin Shellow said she’s disappointed, but indicated an appeal may be forthcoming.

“All of the pre-trial and trial litigation would lead a reasonable person to come to that conclusion,” Shellow told the Commonwealth this week.

She acknowledged that during the five-day trial, the defense never argued Lee H. Stellmacher, 62, was outright innocent or that police had the wrong man.

“We raised the issue of entrapment,” Shellow said. “In order for an entrapment defense to be successful, there has to be proof on each and every element of the defense. Thus, while you didn’t hear us say ‘He didn’t do it,’ there was enough evidence, despite the sum of the legal rulings, that the court gave us an entrapment instruction ...”

Quoting the legal definition, Shellow added, “An affirmative [entrapment] defense alleges facts that, if proven by the defendant, would defeat or reduce a claim, even if the allegations alleged in the claim are all proven.”

In short, stay tuned for a likely appeal.

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