New judge appointed in Centerville murder trial | Local News

On May 27, Ostrem allegedly flew into a rage when his wife, Lise, said one of the three men had sexually assaulted her the week before. Upon hearing his wife’s disclosure, Ostrem allegedly went to the three men’s home and killed them with a shotgun.

The defendant faces three counts each of first-degree murder, second-degree murder and first-degree murder in connection with a burglary.

According to court records, the state will not impose the death penalty if Ostrem is convicted of first-degree murder.

Ostrem pleaded not guilty to all counts and was sentenced to a mental evaluation.

He appeared at a status hearing on Thursday without any action being taken, the South Dakota attorney general’s office told the Press & Dakotan.

Recently, Presiding Judge Cheryle Gering issued an order transferring the Turner County Circuit Court docket – including Ostrem’s murder trial – to Judge Chris Giles, effective Jan. 1.

However, she immediately assigned Giles to manage Ostrem’s proceedings. Giles replaces Judge David Knoff, who originally presided over the Ostrem case.

In her November 6 order, Gering emphasized the need for an immediate change of judge in the Ostrem trial.

“This case involves multiple murder charges,” she wrote. “A status hearing was scheduled for November 21, 2024, and it makes sense for Judge Giles to begin presiding over this case immediately so that he can discuss scheduling and other necessary matters with counsel.”

Ostrem is accused of fatally shooting Paul Wyland Frankus, 26; Zachary Frankus, 21; and Timothy Richmond, 35.

The three victims lived across the street from Ostrem and his wife Lise, with the two houses visible from one another.

Ostrem was indicted by a grand jury in Turner County, where the alleged crimes occurred. However, because the Parker Courthouse sustained significant structural damage, the trial will be moved to the McCook County Courthouse in Salem.

Court documents detail the sequence of events that led to the three murders.

At approximately 10 p.m. on May 27, Lise Ostrem told her husband that she had been sexually assaulted the previous week by one of the men, whom she identified as “Paul,” at Ostrem’s home while Jay was asleep elsewhere in the house.

Lise Ostrem told her husband that she and “Paul” were drinking alcohol together when the perpetrator forcibly kissed her, exposed his erect penis and touched her clothes and her back.

After informing her husband about the incident, Lise said Jay “got up and walked out of the house angry.”

A man identifying himself as Zach Frankus called 911 and reported his brother had been shot with a shotgun. In court documents, Zach Frankus was described as “frantic” during the call.

The caller stated that the suspect was “a man from across the street” and that the shooter had returned to his house. After spending some time on the phone with the dispatcher, the male caller reported that he had been shot.

Frankus continued talking, but then stopped communicating with the emergency call center.

Authorities then discovered the three bodies in the house. They also spotted Jay Ostrem leaving his garage and walking down the street.

Ostrem was ordered to stop, but he continued west on the south side of Main Street. He followed a second command to stop and get to the ground, telling authorities he had a gun in his pocket.

According to authorities, Ostrem was bleeding from his left hand and smelled of alcohol.

He was arrested while in possession of a .380 handgun and an AR-style rifle on the ground near him, along with spent shotgun shell casings and at least one spent rifle casing.

Ostrem made his first court appearance May 29 at the Clay County Courthouse in Vermillion. Due to scheduling reasons, the hearing was held in Vermillion.

Over the past six months, both sides have filed numerous motions. Ostrem has waived his right to initiate criminal proceedings within 180 days of his first court appearance.

While still on the case, Knoff approved the defense’s request for a private investigator to assist in their work. The judge approved Jodi Hoffman of Confidential Investigative Services of Milbank and approved up to $5,000 at her normal hourly rate of $70 per hour.

Knoff also agreed to a defense motion that called for a mental evaluation of the defendant. The judge appointed Dr. Josette Lindahl of Vermillion to assess whether Ostrem was mentally competent to stand trial and assist in his defense.

The public prosecutor’s office has also submitted applications.

The state asked the court to prohibit the defense from presenting evidence, making arguments or suggesting that a third party may have committed the crime without a prior hearing before trial.

In addition, the state required notification of expert reports relating to mental illness or insanity. In addition, the State attempted to prevent defense witnesses from seizing them during their testimony in court and when discussing their testimony with others or among themselves.

In other motions, the state sought an order preventing an alibi defense from being offered in court. In addition, the State has filed a motion for disclosure of the full jury questionnaire and a protective order to ensure that ineligible or biased jurors are not included in the jury pool.

The prosecution is being handled by Assistant Attorney General Katie Mallery and Turner County Prosecutor Katelynn Kunz Hoffman.

Ostrem requested a court-appointed attorney and was assigned attorneys Seth Klentz of Beresford and Raleigh Hansman of Sioux Falls.

Ostrem’s next status hearing is scheduled for Jan. 29 at the McCook County Courthouse in Salem.

He remains held at the Minnehaha County Jail in Sioux Falls on a $1 million cash bond.