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January 23, 2008
Posted: 09:39 AM ET

ELKHORN, Wisconsin – There is quite a dynamic going on in the Mark Jensen courtroom here. Currently on the stand is Jensen’s wife Kelly. She and the defendant were having an affair at the time of Julie’s death and later married. The couple now has a small child.

Prosecutors are reading e-mail after e-mail that Kelly and Mark exchanged during the fall of 1998. Legally, this goes toward motive. The emails are XXX-rated but prosecutors believe one of the reasons Mark killed his wife Julie was to be with Kelly.

The defense is objecting continually, raising issues of relevance and due process. Watch a trial update

Kelly and Mark never looked at each other during testimony — I kept watching — and the jury seemed fixated on the e-mails themselves, writing notes on what was almost a short book of Internet exchanges.

The jurors didn’t seem to look at the defendant but I did see one male juror look at Mark Jensen to see his reaction to these very sexual and graphic communications.

Mark Jensen’s mother was in the courtroom at the beginning of Kelly’s testimony but left in the middle.

At the end of the day, after the jury left the courtroom. I saw husband and wife exchange big smiles.

Jean Casarez, In Session correspondent

Filed under: Jean Casarez • Trials


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Klark   January 23rd, 2008 10:18 am ET

amber: glad you believe in the whole “innocent until proven guilty” thing.

Asling   January 23rd, 2008 10:28 am ET

I don’t send dirty e-mails but I do send sexy text to my guy as I think is more the norm today. My question is can text be located and used at trial as easily as e-mails and has it ever happened?

Asling, NY

Ann   January 23rd, 2008 10:31 am ET

Leaving risque e-mails is one thing. But researching poison & killing one’s spouse for another is beyond the pale. But ya know, Mark Jensen is just not all that smart & definitely not that sexy!

Maximovitch Zhironovsky   January 23rd, 2008 10:31 am ET

Dirty or not, stuff like this happens all the time. It doesn’t happen much in Moscow, where I am from, because we Russians believe that food is more important than sex, and we have to struggle every day to put bread on our plates. Long live the revolution!

Lee Steht   January 23rd, 2008 10:41 am ET

Amber, it’s great to see you supporting the “innocent until proven guilty” belief… NOT. I’ve been in the military and it’s interesting to see a Navy Wife speak so highly of one’s self when MANY military spouses cheat. You being a rare exception (supposedly). Your husband is a lucky man (unless, YOU did it!!!)

The fact is, Mark Jenson IS innocent until PROVEN guilty. PERIOD.

The emails might be indication or just flirting, but it doesn’t prove guilt.

NANCIE   January 23rd, 2008 10:43 am ET

WATCH WHAT YOU SAY ON THE PHONE AND WHAT YOU ENTER ON THE COMPUTER BECAUSE SOMEONE CAN BE “LISTENING.”
I CANNOT EVEN IMAGINE USING MY WORK COMPUTER FOR PERSONAL BUSINESS, LET ALONE MONKEY BUSINESS!!!

Matt F.   January 23rd, 2008 10:55 am ET

While e-mailing sexual comments to someone else while you’re married is definitely wrong to begin with, I hardly think it proves motive. People all over the world cheat on their husbands and wives every day, this doesn’t mean they want them dead. I hope the prosecution has more then some X-rated e-mails to present.

El (Gardner)   January 23rd, 2008 11:00 am ET

Haha!! Those x-rated emails got me in a whole mess of hot water back in the 90’s. I was in the process of getting a divorce–my ex was extremely suspicious and paranoid and although I hadn’t met my “paramour” until well into the divorce–he paid someone to hack into my account. My whole divorce, based on domestic violence, suddenly turned into adultery. It then turned around into an issue again once my “paramour” became my second husband and I caught HIM sending x-rated emails to OTHER women!! I stayed off of computers for a number of years after that. By the way–my second husband is a computer programmer and even HE could not secure email or Instant messages. Folks need to remember that computers are NOT “secure” and “private”!!

Bubba   January 23rd, 2008 11:26 am ET

Honey, I think someone might be reading our emails. So no more about how much you like to #### my ####, or that new pair of ####### you just bought, or even how much ### ###### out of your #### #### ### when I ####### ## ##### ## ###.
Love, Bu##a

Trevor   January 23rd, 2008 11:28 am ET

What kind of world are you in where people who are cheating do not send their mistresses dirty messgaes, notes, letters, etc. … It would be weird if he didn’t do that.

Michael   January 23rd, 2008 11:51 am ET

Asling - yes, text msgs are maintained by your mobile provider and can be retrieved. If you send it electronically, no matter what method (txt, email, etc), it can be retrieved in most cases. Just like tracking you via your credit card usage. Big brother is alive and well and has been for years. Like airline security, you are not as safe and secure as you’d like to think,

Snowlily   January 23rd, 2008 12:20 pm ET

asling,
I worked for a cell phone company and I know for a fact that all your messages are saved on a server.
with some companies you can even set it up where all the messages sent and recvd on the phones on your acct can be auto forwared to an email address..
I actually had this service set up on my daughters phone to find my daughter when she ran away.
By reading the text messages she was sending and receiving and with the use of gps tracking service i was able to locate her before anything tragic happened.

I also spoke with several customers wanting copies of the messages for proof of adultry in their divorce proceedings. I had to refer them to a special line set up for our attornys

As far as Mark Jenson’s innocence or guilt, THAT is why we have a jury system.
I, personally, don’t feel like an affair is a motive to kill in this day and age of throw away marriage.
Maybe back when divorce was a scandalous event but not in 2008.
But, to kill yourself and frame your cheating husband??? If she were already depressed? As for the sanity of the theory.. Usually, its not the sane people that kill themeselves.

Innocent until proven quilty has become guilty until proven innocent in this country.

James   January 23rd, 2008 12:21 pm ET

It goes, “PRESUMED innocent until proven guilty”, NOT “innocent until proven guilty”. This just means the prosecutor has the burden to prove beyond a reasonible doubt that he did it, rather than Mark having to prove he’s innocent. If he did it, he’s guilty, if not he’s innocent, regardless of what the jury decides.

Also, unless Amber is sitting on the jury, she can assume guilt if she wants to.

Tim   January 23rd, 2008 12:23 pm ET

Text Messages - All text message can be recoved by phone companies and or police for up to 5 years. Saved on a massive database by the phone companies just as all you phone numbers that you call or receive calls from are saved.

Chad   January 23rd, 2008 12:25 pm ET

Lee. you are wrong. He is NOT innocent until proven guilty. He should be PRESUMED innocent until proven guilty by his jurors. We can think whatever we want of him. If he did it, he is not magically innocent until the jury finds him guilty. If he did it he is guilty. Period.

Howard   January 23rd, 2008 12:31 pm ET

O.K., so the e-mails indicate a motive. Big deal. Who among us can honestly say we have NEVER, EVER, had a motive (reason) to kill someone? And yet, most of us have never killed anyone or would kill anyone. The fact that almost 100% of the population has, at one time or another, had a motive to kill and didn’t proves that motive alone doesn’t mean a thing.

Big Brother   January 23rd, 2008 12:43 pm ET

I’m always watching!

sally t   January 23rd, 2008 12:49 pm ET

I don’t think it is outside the realm of possibility that she did it to herself. Sure, it’s crazy, but people all too often do things that are insane for revenge. What about the guy who threw his 4 little babies off the bridge? There are people out there who are just that nuts! If I seriously suspected that my husband might be thinking of killing me, I’d get the hell out. Why just give a letter to a neghbor and tell a teacher of one of the kids? It sounds like she had a family that would have been supportive, why not go to them? And if I starting getting sick like that, I would think that would definitely be a red flag to get some help from someone. It just sounds fishy to me. Just because the guy had an affair, it does not make him a murderer.

Roger   January 23rd, 2008 12:53 pm ET

I think he did it but I could be wrong? I still can’t understand why people kill their spouses instead of just leaving them? I know they do it most of the time for money and another lover. I think it’s funny how they think they can get away with murder when they wasn’t even smart enough to get away with an affair!

j leslie   January 23rd, 2008 1:04 pm ET

Innocent til proven I believe is in the eyes of the legal system
I think we are all allowed to freely speak our opinion

Ben Pekarsky   January 23rd, 2008 1:10 pm ET

I believe we are Guilty until proven innocent!!

Amelia   January 23rd, 2008 1:11 pm ET

Asling - Text messages can be retrieved - why are you planning something???

jeff   January 23rd, 2008 1:12 pm ET

not watching the trial, but these comments are extremely entertaining please keep it up!!!

BUBBA … YOU’RE AWESOME DUDE!!

Maximo… This a very insightful and intelligent perspective. Thank You!
I’ve heard the Asian world also approaches sex and food this way.

JennyB … I love it . FRY BABY FRY!

Alsing… Why do you prefer text over (or under) e-mail?

Barbara   January 23rd, 2008 1:27 pm ET

A wise friend once said, “Never put anything in an email that you don’t want read back to you in court.” If you are foolish enough to email, text or video anything that is incriminating, be prepared to accept the consequences.

RENAE   January 23rd, 2008 1:32 pm ET

Dirty emails… Just the fact that they exist should prove motive. Why do we need to read through them?! I personally would be sickened to know the details of anyone’s sex life, much less people having an affair. And since their affair seems to be an established fact why read them. Unless the emails specifically talk about eliminating the wife somehow, it isn’t really relevant other than trying to deface the defendant.

Yes, he’s lost in the court of public opinion, and will probably loose in court as well, but honestly, who thinks up this stuff? In this sense I agree with the defense.

I guess it should make all of us think twice about our actions/emails/phone calls. Unless we’re willing to admit to everything we’ve ever done or said, we should worry about what someone might find out about us. Maybe make a change for the future?

Sue Hampel   January 23rd, 2008 1:38 pm ET

It seems to me that Julie’s obviously twisted nose and face, as she was found at the time of death, indicates rather clearly that she did not commit suicide, but rather was killed by manipulating her head into her pillow… something only her husband could have done.

kc   January 23rd, 2008 1:43 pm ET

The emails are just part of the picture. What’s being forgotton is the poison and anti-freeze searches, the normal way Julie Jensen was behaving before her death, and I believe the prosecution will show that the poison searches and the emails were done during the same timeframes, showing Julie could not have been the one doing the searches. Just one opinion.

Klaatu   January 23rd, 2008 1:48 pm ET

Ok folks!! Lets put our thinking caps on. Death by anti-freeze poisoning is very painful; barfing, diahrrea, abdominal pain, sweating, etc. No woman would ever do that, much less a guy. We take sleeping pills, pain killers, etc. And we dont usually leave our small children…..Buh Bye to Mr Jensen….and what did he see in the horsey looking wife…..

Snarkyboy   January 23rd, 2008 1:50 pm ET

I have the movie rights!

Rain   January 23rd, 2008 1:51 pm ET

The other thing y’all might want to consider… If I were planning to kill myself (framing my louse of a cheating husband for it or not), would I REALLY choose a method like poisoning with antifreeze? Look it up. It’s slow and painful. There are faster, more painless ways to do it.

Maryland   January 23rd, 2008 1:51 pm ET

Just remember that it’s very easy for someone to hit the “forward” button and pass on those risque e-mails for the entire world to see.

I’m sure these folks never expected their x-rated communication to be dredged up for all the world to see/hear/read, but there it is.

I can’t say whether or not Mark Jensen killed his wife. I can tell you that there are some pretty sleezy people out there who have killed for all sorts of reasons. I can tell you that I have a friend who is married to a man who is an abuser. I can tell you that I’m certain the abuser is attempting to kill my friend. Can I prove it? No.

But his actions that are merely suspect now would look a lot worse if something were to happen, just like these e-mails look far worse in light of Julie’s death than they would have otherwise.

Todd   January 23rd, 2008 1:53 pm ET

I am a pathologist who worked for a Medical Examiners Office. I have seen cases of women committing suicide and leaving letters similiar to the one Mrs. Jensen left saying that their husbands did it. The letter means nothing to me. Put his fingerprints on the antifreeze and then you have a case, otherwise the DA is hosed.

MrPresidentFox   January 23rd, 2008 2:14 pm ET

Was Big Brother just watchin us?

Just Me   January 23rd, 2008 2:15 pm ET

They thought Tim masters was guilty too.. The way the system in this country works is scary

cj   January 23rd, 2008 2:29 pm ET

Don’t you think it’s interesting that this trial is going on AT THE SAME TIME Tim Masters is being released after half his life has been wasted because he was blamed for something he didn’t do? And what, pray tell, got Tim convicted? Gruesome drawings and owning six hunting knives! Oh, and he happened to have seen the body in the field and didn’t report it because he thought it was a joke or something. 100% circumstantial. Absolutely NO physical evidence! Interesting timing of these two events, eh?

PLEASE, don’t think I’m saying I don’t think Mark did this. I’m not in the courtroom, I can’t say. But I sure wonder what the chances are that a woman killed herself by drinking anti-freeze? To retaliate for her husband having an affair, she kills herself this way? Huh? I’m not buying it.

I read something one time about how men vs. women kill themselves. Anyone seen that? Remember where?

R. Harris   January 23rd, 2008 2:31 pm ET

I guess I started watching too late, but was wondering whether Kelly was forced to testify against her husband…

JW   January 23rd, 2008 2:33 pm ET

To all people who are playing the “innocent until proven guilty” card….

That is something you say BEFORE the trial. We’re in the middle of the trial now, and his guilt is being proven right in front of us.

Chris C   January 23rd, 2008 2:51 pm ET

Leave Mark Jensen alone, RIGHT NOW!

jeff   January 23rd, 2008 2:54 pm ET

Wow, This is a blast! Please, everybody KEEP POSTING!

Trevor… Dude, Please.

Michael…. Right on man!

James…. In theory, I don’t have any idea what you’re talking about.

Chad…. Who’s Lee?

Lee…. Sorry, but do you have a guilty conscience?

Roger…. Dude, PLEASE!

Big Brother…. You can watch but still not see.

Whitney…. By Far and away the MOST INTELLIGENT comment so far. You go girl!

Amelia…. Why? Do you want to watch?

Nancy   January 23rd, 2008 3:03 pm ET

Yes we are presumed innocent until proven guilty but he isn’t smart enough to look innocent!!!!

David W.   January 23rd, 2008 3:19 pm ET

Given the bloodlust in some of these comments, I’m not sure I wouldn’t rather hang out with the accused than the commenters. FRY BABY FRY? You call yourself a human being?

Oy.

tt   January 23rd, 2008 3:57 pm ET

Some people think that they won’t get caught when they murder others. It is probably cheaper to murder than it is to pay spousal and child support. I do not believe in murder, but there are those out there where the almighty buck is more important than a life.

david   January 23rd, 2008 3:57 pm ET

“I think everyone has sent dirty e-mails to someone. ”
Really? Why in the world would someone send someone else a dirty email?
It’s not sexy, it’s not funny. It’s slightly perverted and it’s definitely low class.

Patrick   January 23rd, 2008 4:31 pm ET

Leave the lady alone……she’s just getting her freak on………

Brian   January 23rd, 2008 4:38 pm ET

1/2 of you people are reasonable and the other 1/2 are insane, just like every other ‘comments’ section of random internet stories. These responses remind me of the average IQ of a mob.

Dee   January 23rd, 2008 4:58 pm ET

Unbelievable….. what is all this fasination anyways? Guilty or not… “Presumed innocent until proven guilty”…. sexual emails….. the whole thing just sounds like a bad CSI show.

You would think that people would have better things to do with their time. Terrorism, homeless, starving, child abuse, elections….. There are more important things out there!

Steve   January 23rd, 2008 5:16 pm ET

Just so you know, Wisconsin entered the civilized era 150 years ago when it abolished the death penalty.

Capt. Obvious   January 23rd, 2008 5:31 pm ET

I think most of these comments above demonstrate why the ‘jury trial’ system is flawed. I would never want to be tried by my biased, bigoted, and closed-minded peers as they react to their misplaced feelings rather than relevant facts.

And speaking of relevant facts, there were none to be displayed in this article for any reader to discern the guilt of the person standing trial… yet so many of you simply assume in your “heart of hearts” that he’s guilty.

Speak your opinion, sure… but none of you have one; you’re all just windbags attached to your heart rather than your mind.

Melissa M   January 23rd, 2008 5:38 pm ET

The e-mails do not prove motive. There are easier ways to end a marriage than murder. Divorce isn’t that bad compared with life in prison.

Dan   January 23rd, 2008 5:40 pm ET

One does not murder their spouse to be free to marry, or be with someone else. Anyone can get a divorce and it is no-fault in WI.

One murders a spouse out of fear, passion (about that spouse), or greed. In this case follow the money and see if that leads to a motive. Either he is a sick puppy who just wanted to kill someone for the hell of it, or he stood to benefit financially via insurance, property, etc.

Dan

Zach   January 23rd, 2008 5:40 pm ET

Hey Klark (with a “K”), “the whole ‘innocent until proven guilty’ thing” is procedural and doesn’t prevent someone from forming an opinion before a verdict is rendered. Obviously the prosecution believes he’s guilty and seem to be proving it rather effectively. I hate it when pillow-biting liberals like yourself hang a guilt trip on someone who formed an opinion.

NJ Prosecutor   January 23rd, 2008 5:44 pm ET

None of us are sitting in the courtroom, none of us have seen all the evidence, none of us heard the testimony, none of us are really capable of intelligently deciding if the prosecution has proven his guilt beyond a reasonable doubt.

Dan   January 23rd, 2008 5:54 pm ET

If he did the crime he is guilty irrespective of whether a jury finds him innocent or guilt. If he did not do the crime he is innocent irrespective of whether a jury finds him innocent or guilty. There is but one universal truth in this matter and the jury job is to simply to window it for society. The hope is that the window is transparent.

Jim   January 23rd, 2008 6:10 pm ET

Jensen’s counsel had it right when he finally objected that it was outrageous to read the info about Kelli’s prior sexual experiences to the jury. The prosecution’s explanation as to the relevancy is ridiculous. His motive is solely to inflame any juror prejudice against what he apparently views as aberrant sexuality. Same with Ms. Gabriel’s repeated attempt to ask how Kelli could not feel incredibly guilty about sleeping in the same room Julie died in. It’s all about how people who cheat on their spouses or engage in non-missionary position sex are bad and bad people commit murder.

Shanna   January 23rd, 2008 6:15 pm ET

I think the big reason for killing rather than leaving is the kids. He gets them - 100% as they discussed in the e-mail. I think the doofy looking guy did it. And that he and Kelly deserve each other.

Grassy   January 23rd, 2008 6:26 pm ET

quote: O.K., so the e-mails indicate a motive. Big deal…The fact that almost 100% of the population has, at one time or another, had a motive to kill and didn’t proves that motive alone doesn’t mean a thing.

um, motive + dead body= big deal

quote: I, personally, don’t feel like an affair is a motive to kill in this day and age of throw away marriage.
Maybe back when divorce was a scandalous event but not in 2008

it didnt happen in 2008, happened in 1998. and even in throw away marriages-divorce is expensive.

KC   January 23rd, 2008 6:30 pm ET

We live in a world that seems to be more of hang them all and let God sort them out. People read something in the paper or hear it on TV and make a snap judgment. If it were you that were on trial I’ll bet you might have a different perspective on all this.

I personally knew a couple that the one reason he stayed married was she was so unstable that she attempted suicide multiple times to keep him feeling guilty enough to stick around. Sad but true. It is possible that someone could kill themselves to “get back” at someone. Been there, saw that.

Murder should be the hardest case to prove because of the consequences of the sentence. Yet prosecutors throw in all this innuendo to inflame a jury and offer no real proof and the jury can be made to feel that if a person can do one bad thing then they could do anything else. Not good enough - produce a smoking gun or let it go. “Better to let some guilty go free than convict an innocent man”.

I’m not saying that he is innocent - we most likely will never know. There are too many on death row convicted by faulty eyewitness testamony that were later cleared by DNA. If he is convicted with a smoking gun then let him fry, otherwise let him go.

Clark   January 23rd, 2008 6:34 pm ET

Klark: Only the court and the jury are required to remember that defendants are innocent until proven guilty. Everyone else is free to believe whatever they like.

P. Wintz   January 23rd, 2008 8:16 pm ET

This is an interesting trial. Mrs. Jensen seems to think nothing of the fact that these E-mails are being dissected in a courtroom. She answers with much aplomb and definitely does not seem embarrassed about their cybersex.

The real irony here is, if he is found to be guilty by a jury of his peers, he can
always wonder who his current wife is e-mailing . . . they don’t have e-mail in prison, do they?

Paco   January 24th, 2008 7:05 am ET

America’s obsession with the salacious and obscene never ceases to amaze me. Please keep it out of the courtroom. And dear god please keep it off television.

DANNY   January 24th, 2008 9:40 am ET

WHEN DO WE GET DISPOSABLE COMPUTERS!

Mark Jenson   January 24th, 2008 4:53 pm ET

I AM INNOCENT!!! LEAVE ME AND BRITNEY ALONE!!!!

Duane   January 24th, 2008 8:00 pm ET

Parts of this trial are interesting, however, the Prosecutor might bore the jury to sleep. I think a book will be written about this case. If Jensen is found guilty, it will not be related to his defense … he has an excellent attorney. Keep up the good coverage.

Susie   January 25th, 2008 3:39 pm ET

As a psychiatric nurse, the people I have seen attempt suicide (successful or not) do it quickly, not painfully over time.

I feel fairly certain there was no suicide. However, who wouldn’t be a little depressed when their husband (with the checkbook) is screwing around with the company’s most germ-y woman. Most woman at least want to be cheated on for something better looking with more to offer.

Like most psychological abused spouses, she couldn’t leave even though she knew she should!

All that said, Defense atty Albee just might get The smug jerk acquitted.

Brenda   January 26th, 2008 11:27 am ET

My sister is a nurse in a nursing home. An elderly lady there died of natural causes, lying on her stomach, and her face was the same way as Julie Jenson’s, with the nose over to the side, etc.

Pat   February 2nd, 2008 5:57 pm ET

Did Kelley testify where she was on the day Julie died……with her wanting to take the 5th amendment
Could Mark have wanted to leave the boys out
side, to make sure she wasn’t in the house?

pf

DSB   February 4th, 2008 9:02 pm ET

I heard Julie’s neighbor testify that Julie called her early in the morning just after Mark had left and said she was really sick from the medicine the doctor had given her. She told her neighbor that she was in bed and would not be outside and not to worry about her. When the neighbor asked if she could do something to help…Julie said no and added that Mark was being real nice to her and taking good care of her. Why would anyone believe Julie killed herself to FRAME Mark after that remark?

shoyt   February 23rd, 2008 3:31 am ET

I have never seen so many stupid people on a murder trial message board since the Perry March case.

If it so evident that a murder has been committed.

Suicide?

Yeah, everyone wants to kill themselves if it will just get their husband convicted.

That is the most idiotic thing defense ever.

People who say they have seen this before, are liars.

You may blame someone if you attempt suicide, but you do not collect evidence and say that you are afraid that you might be killed, and you hope to live, then kill yourself.

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