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Defendant's Attorneys File Motion to Withdraw From Representation in Rory Kuenzi Homicide Trial


WAUPACA – Attorneys representing Rory Kuenzi filed a motion to withdraw from representation of the defendant today in Waupaca County Circuit Court. The jury trial on homicide charges is scheduled to begin November 12, 2010 with jury selection. Attorneys for the Wisconsin Department of Justice acting as Special Prosecutors filed a memorandum of law requesting that the court conduct a hearing on the motion. Judge Phillip M. Kirk will hear the motion tomorrow October 26, 2010 at 1:30 pm. The state will oppose the defendant's motion.


Last December Rory A. Kuenzi was bound over for trial on homicide charges after a preliminary hearing before the Honorable Philip M. Kirk. The criminal complaint charged Kuenzi with Hit and Run Resulting in Death and Homicide by Intoxicated Use of a Motor Vehicle in the October23, 2004, death of Kevin McCoy, whose body was found just north of State Highway 54, in the town of Farmington, Waupaca County, Wisconsin.


Walter Engel who was charged with perjury for allegedly making false statements while under oath was also bound over for trial at the December 2009 joint preliminary hearing.


At the preliminary hearing, a witness (Adam Klotzbuecher) testified that he observed Kuenzi who was intoxicated leave an under age drinking party driving his S‑10 truck south bound on Butts Road. The witness (Klotzbuecher) testified he heard a thump, saw a shoe come up from Kuenzi's truck and that Kuenzi then stopped and got out of his truck. The witness (Klotzbuecher ) testified Kuenzi, with the assistance of the witness, carried McCoy's body off the road. Kuenzi then left that location without leaving any information concerning his identity, address, or registration number of his vehicle. Kuenzi did not render any assistance to McCoy. Witnesses at the party indicate Kuenzi was intoxicated when he left the party.


A criminal complaint is a document alleging a violation of the criminal law. The defendant is presumed innocent until and unless proven guilty.


The Honorable Phillip M. Kirk in Waupaca County Circuit Court will decide the defendant's Motion to Withdraw from representation l on October 25, 2010 at 1:30 pm.


Assistant Attorneys General Jeffrey M. Gabrysiak and Dennis R. Krueger represent the state.


A copy of the criminal complaint, defendant's motion to withdraw, and the state's memorandum filed with the court are available at