Hearing highlights preparations for murder trial
EAU CLAIRE — Records from a Wednesday hearing in Eau Claire offered a glimpse of how an upcoming murder trial may shape up.
Philip Novak, 38, faces charges of first degree intentional homicide, attempted armed robbery, possession of a firearm by a felon and bail jumping. He was in court Wednesday morning as attorneys hammered out some of the guidelines for his planned August trial.
One of the more important points was whether Novak’s prior convictions were admissible in the current case. The court noted 22 prior convictions. There are limitations to how and when previous cases, referred to as prior bad acts, can be introduced in a trial.
Prosecutors can generally not introduce convictions as a way of proving a person’s character, but they can if the previous incidents show motive or intent, among other reasons. So not every past conviction is necessarily relevant in every trial.
That appears to be the case here. Court records show the defense asked the prior convictions be limited, and the court ordered that Novak “shall testify to 15 prior convictions.”
The hearing also covered issues like witness lists. In trials, both sides are notified of potential witnesses. Real life opportunities for television and movie trope of a surprise witness are very limited. The defense has a July 1 deadline for filing its witness list, and the prosecution has until July 22.
Novak is not the sole defendant in the case. Kristina Keppert and Vanessa Ketteman also face charges relating to the 2022 death of Eddie Banks. Ketteman reached a plea agreement with prosecutors last September, and Keppert reached a similar agreement earlier this month. Both pleaded guilty to felony murder — false imprisonment, and Keppert pleaded guilty to an additional charge of hiding a corpse.
Plea agreements in those cases must also be supplied to the defense, which allows them to prepare cross examinations should either Keppert or Ketteman be called as witnesses.
According to the criminal complaint, Novak borrowed a truck and asked Ketteman to drive him to Eau Claire. He said he needed to meet with Banks about a $500 drug debt. They picked up Keppert in Cadott.
Novak hid in the back seat while the women were up front when they picked up Banks. Ketteman told investigators she heard Banks say “woah,” and a gunshot immediately afterwards. Novak told Keppert to drive away.
They stayed on back roads until Novak pushed Banks’ corpse out of the vehicle. The body was found in a ditch later.
Novak’s trial is scheduled for August.
