Joseph Jakubowski takes stand in state trial, refuses to take oath; 'I'll give them the truth but I'm not raising my hand'

JANESVILLE -- Joseph Jakubowski, accused of stealing a collection of guns and leading authorities on a 10-day manhunt, returned to the courtroom on Monday, Jan. 29, for his state trial.

Even though this story has so many parts -- the manifesto sent to President Trump and the 10-day manhunt, the state trial is only about the guns stolen from a Janesville gun shop.

Jakubowski was already sentenced to serve 14 years at the federal level on weapons charges -- convicted by a jury of stealing firearms and silencers from a federally licensed firearms dealer, and being a felon in possession of those firearms and silencers.

Jakubowski took the stand Monday afternoon in the Rock County Courthouse. During a conference with the judge, Jakubowski first said he refused to take an oath. Judge James Daley told Jakubowski he would not testify without taking an oath.

"Well I’m not raising my hand and doing this little (freaking) puppet act of yours and (freaking) make me do what you want me to do," Jakubowski said.

After privately conferencing, it appeared Jakubowski had relented and would testify after all. However, once the jury returned to the room, Jakubowski refused to raise his right hand to take the oath. Daley again said without taking the oath, he could not testify.

"I'll give them the truth but I'm not raising my hand," Jakubowski said.

"Alright, then you will not testify," Judge James Daley said.

At that point, Daley excused the jury and said closing arguments in the case would be heard first thing on Tuesday morning.

Prosecutors say between surveillance video, DNA test results, and Jakubowski's own admission, jurors will convict him on the state charges related to the April break-in at the Armageddon Supplies gun shop in Janesville.

"The defendant admitted that he was the person who took the guns from Armageddon. He admitted he gone to Armageddon two times prior so he was aware of exactly the layout of the shop and thought it would be an easy place to burglarize," said Assistant District Attorney Richard Sullivan.

After the theft of 18 guns and ammo from the store, authorities say Jakubowski torched his own car and mailed a rambling manifesto to the White House. After a 10-day manhunt, he was arrested in Vernon County -- but this trial is only about what happened in Janesville.

Jakubowski's lawyer said his client doesn't deny engaging in that conduct but wanted to exercise his right to a trial and wanted a jury to be the one that convicts him.

"If we cannot just get fundamental fairness in this justice system, we might as well all go off the grid and follow the same route Mr. Jakubowski took," Michael S. Murphy said.

On Monday, Jakubowski tried to go off the legal grid.

"I've seen people lie under oath plenty of times and you're gonna say that's gonna make me any more truthful? I give you my word that I'll tell you the truth but if that ain't good enough, I don't wanna testify. I'm not going to," Jakubowski said.

The trial began with jury selection Monday morning. By midday, 14 jurors including two alternates, had been selected to hear the trial.

Jakubowski is on trial in Rock County for burglary while arming himself, theft and possession of burglary tools, charges that carry a maximum 24½ years in prison upon conviction.