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November 03, 2005
Strangler: Death linked to sex
Man claims sex game behind Menasha woman’s death.
Oshkosh, WI -- A Neenah man who plead no contest to murder by strangulation now claims the 2004 death was caused accidentally while engaging in a dangerous form of sexual activity.
Thomas J. Blake, 21, filed a motion for withdrawal of his no contest plea Wednesday on a charge of first-degree intentional homicide in the death of 20-year-old Christina Ross of Menasha.
Blake was scheduled for sentencing last month, but instead asked for new representation within weeks of the hearing.
Defense lawyer Len Kachinsky in the Wednesday motion argued that Blake wasn’t adequately advised of a possible defense, and the possibility of conviction on a lesser charge.
The criminal complaint states that Blake lured Ross to his home Nov. 13 under the guise of a romantic relationship before restraining and strangling her. He and a 15-year-old friend later wrapped Ross in a bed sheet and placed her in her car, which was left at Copps Food Center in Neenah, according to the complaint.
The 15-year-old is serving a two-year period of confinement at Lincoln Hills School.
According to a Wednesday affidavit, Blake doesn’t deny strangling Ross with an extension cord, but contends the cord was used to “enhance her ‘high’” from sexual activity. He said he held it too long.
Medical Web sites define the practice as erotic asphyxia, a risky activity meant to increase sexual pleasure by reducing blood flow to the brain.
First-degree intentional homicide carries an automatic penalty of life imprisonment. While Blake accepts responsibility for the death, “his actions were reckless rather than intentional,” according to the motion.
“Blake reached his agreement with the state hastily,” Kachinsky wrote. “The agreement had very few concessions by the state that had a practical benefit for Blake.”
Prosecutors now have the opportunity to respond to Blake’s argument to withdraw his plea and go to trial. Judge William Carver will decide on whether to grant Blake’s motion on Dec. 15.
Winnebago County District Attorney William Lennon wouldn’t discuss specifics of the state’s evidence against Blake, but said prosecutors would be ready to challenge Blake’s assertions if his plea withdrawal were allowed.
“The state is prepared to prove the charges as alleged,” he said.
Evidence recovered from the crime scene included a handwritten journal attributed to Blake in which homicide was discussed, according to a search warrant affidavit.
“My thirst for killing won’t go away,” he wrote. “I know someday they will use this against me.”
Blake remains in the Winnebago County Jail in lieu of a $1 million cash bond.
http://www.wisinfo.com/northwestern/news/local/stories/local_23231195.shtml
Posted by Nealus at November 3, 2005 08:29 AM
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