A Rio man on Thursday entered a plea of not guilty to a charge of first-degree homicide in the April 2013 death of his former girlfriend at their Wyocena home.
Patrick Kraemer, 47, has been held in the Columbia County Jail since his arrest in September, under $450,000 cash bail.
Kraemer’s attorney, Gerald Boyle, argued unsuccessfully Thursday for a bail reduction, telling the judge that the prosecution has not presented evidence to support such a high figure.
“No medical doctor has determined this to be a homicide,” said Boyle, pointing out that the initial autopsy ruled the death a suicide and a second autopsy, after the doctor had spoken with investigators, was concluded an “undetermined” cause of death.
Judge Alan White said at a Feb. 16 hearing that the testimony presented at the preliminary hearing, and inferences that could be made from it, were sufficient to establish probable cause that a crime was committed, and that a jury could reasonably conclude from the prosecution’s evidence that Kraemer committed the crime.
Kraemer is accused of killing Traci L Rataczak, 43, who died April 6, 2013, in the Wyocena ranch house where she and Kraemer lived. She was found hanging by an orange extension cord in the basement.
Judge W. Andrew Voigt was given jurisdiction of the case on Feb. 18 after Boyle objected to White’s decision to move toward a trial and asked for a substitute judge — a request that White granted.
The courtroom was crowded Thursday with observers, primarily family and friends of Rataczak.
Voigt said that accepting Kraemer’s plea would be easy enough, but that there was more difficulty in a motion from the defense to have the terms of bail changed.
“Lower the bond to something attainable,” Boyle said to Voigt. “Something more in fashion with the evidence presented.”
Because Kraemer has been in jail all this time, Boyle argued, the defense has been inhibited in its ability to properly build a case. Among the evidence submitted by the prosecution are 64 CDs and DVDs with recordings of witness interviews. Since laptop computers are not allowed in the jail, Kraemer has had to depend on interview transcripts that may not reflect the totality of what is in the interviews, Boyle argued.
Boyle requested a reduction of bail to $50,000, but was immediately retracted for a recommendation of $25,000.
“This is not a jury trial,” Assistant District Attorney Christine Genda countered. “We are not under any obligation to have the burden of proof of a trial at a bond hearing.”
Whereas there may have been questions regarding the autopsy, Genda said that according to the timeline based on facts gathered from the crime scene and Kraemer’s own version of events, he had apparently been in the basement more than once during the two days between the time of death and when it was reported to authorities.
Since Voigt has only had the case since Feb. 18, he said he has not had time to read all of the transcripts of previous hearings and submitted evidence. He said Thursday he is able to accept a plea and move the case to the next step, but “the rest of this might be whistling in the wind.”
The defense will make its formal argument against the current bail conditions and the validity of the probable cause of the case, in writing, and submit it to Voigt for review, after which, Genda will submit a written rebuttal. The defense’s argument is due on May 4 and the prosecution’s on May 12.
Voigt will rule on the defense’s motion before the end of May, and a jury trial is still planned but has not been scheduled.