Wife poisoner sentenced to life without parole - new trial likely?

Mark Jensen, who killed his wife with antifreeze, then tried to say her death was suicide instead of murder was sentenced to life without parole. Kenosha County Judge Bruce Schroeder said at Jensen's sentencing that his crime "was so enormous, so monstrous, so unspeakably cruel that it overcomes all other considerations."

Jensen was convicted February 20 of 1st degree intentional homicide in the murder of his wife, Julie Jensen, 40, on December 3, 1998. This crime is subject to a mandatory life sentence, but the judge has the authority to set a parole period - or none at all.

Jensen was present for the sentencing, but declined to speak. His lawyer, Craig Albee, asked that Schroeder consider the desire of Jensen's sons to have their father eligible for parole.

Mark and Julie Jensen's sons - 18-year-old David, who was in court, and 12-year-old Douglas, who was not - asked that their father be made eligible for parole consideration.

"If anyone in this world is the epitome of loyalty, it is our dad," said the letter, which referred to Mark Jensen as innocent.

The sons have been living with Mark and Kelly Jensen, who was also in court with Mark's parents, since Julie Jensen's death. Mark had been having an affair with Kelly prior to Julie's death. He married her later, and they have a young son together.

The letter, which was read aloud by Jensen's Milwaukee lawyer, Craig Albee, was followed by statements from Julie Jensen's four brothers.

Killing Julie was not enough for Mark Jensen," Paul Griffin said. "He further chose to spit on her grave by claiming she killed herself. He tried to erase her existence from the lives of her sons. He has continued for almost 10 years to make the children believe that she left them stranded" by committing suicide.

Several of the jurors attended the sentencing. After reaching their verdict Feb. 21, several jurors said a letter written by Julie Jensen about 10 days before her death had been pivotal.

Julie, who had told people she feared her husband would poison her, said in the letter that if something happened to her, Mark would be her "first suspect."

Schroeder initially had ruled that the letter could not be used in the trial because it would violate Mark Jensen's Sixth Amendment right to confront a witness against him. But the issue was taken to the state Supreme Court, which adopted a new doctrine in Wisconsin, declaring that a defendant forfeits his right to confrontation if he is responsible for the witness not being available.

That led to a pretrial hearing in which Schroeder determined that Jensen was probably guilty, and therefore the letter and other evidence could be admitted.

After the hearing, Albee stated that he would appeal because the letter, as well as other pieces of evidence admitted might have affected Jensen's chance at a fair trial.

Albee cited a case where a convicted California murder victim told a police officer that she expected him to kill her. Two weeks later, Giles shot her to death and claimed self-defense., Dwayne Giles' lawyers argued that the police officer's statements should not have been allowed at his trial, but they were, and he was sentenced to 50 years in prison.

But the California Supreme Court rejected Giles' appeals, ruling that "no person should benefit from his own wrongful acts." The decision was similar to the one articulated by the Wisconsin Supreme Court. The U.S. Supreme Court is expected to hear the Giles case in April.

Jensen's lead prosecutor, Robert Jambois, would not comment on what the U.S. Supreme Court ruling might mean for Jensen but said he was sure Kenosha County would put Jensen on trial again if his conviction is thrown out.

Jambois said he hopes the courts can find a way to allow evidence such as Julie Jensen's letter to be heard in a trial.