ResultCase dismissed after alleged victim’s sordid past was exposed and challenged in court; alleged victim chose not to appear at the trial
ChargeFugitive from justice. Client was arrested in 2/08 on a sexual assault charge in Iowa. That case was dismissed in 6/08. The bond required no contact with the victim. Contact had been made on numerous occasions but no charges were ever filed. In 1/09, client moved to Wisconsin with her spouse. In 4/09, a complaint and warrant were issued in Iowa and Client was arrested as a fugitive in Wisconsin. Normally, fugitives are kept in custody until the requesting state comes and gets them. We obtained an agreement with the Iowa DA that client could be released on bond. The Wisconsin DA, however, objected. We were able to show the commissioner in Wisconsin that the client owned a home in Wisconsin, had turned herself in on the original charge and was never notified of the existence of the warrant.
VenueMilwaukee County
DateApril 2009
ResultReleased on Personal Recognizance Bond.
Charge10 counts of possession of child pornography on a computer, 1 count exposing child to harmful materials. Client’s ex-girlfriend accused him of possessing these images after he was arrested on battery charges involving her. However, defense experts proved through a forensic test of the computer that the pictures were all viewed under her login. Later, she admitted in an interview with defense investigators that he did not know her login and she did not know his.
VenueKenosha
Date2009
ResultNot guilty
ChargeFailure to register as a sex offender, two separate criminal cases in 2 counties. Original incident occurred when client was a juvenile in group home. After turning 18 in 1992, client charged with a felony as an adult. Sex Offender Registration law was not passed until 1995. Sentencing judge never ordered registration and never mentioned it in court. Client’s probation officer later demanded it when law took effect. Worker from group home, whom client was instructed by court to obey, wrongly instructed him not to register. Charged in two counties and both wanted felony convictions and jail despite no offenses since 1992 conviction.
VenueShawano, Langlade
DateMarch 2008
ResultLanglade County dismissed, felony charges in Shawano county amended to misdemeanor resisting or obstructing an officer, 2 years probation.
ChargePotential charges of sexual assault of a child. Client accused by step-nephew of several acts of touching and exposure. The boy’s father was the force behind making the boy make statements. Defense investigation exposed the boy as an habitual liar and emotionally troubled. When this was presented to prosecutors, they declined to charge.
VenueOutagamie, Calumet
DateSeptember 2007
ResultNo charges filed
ChargeAppeal of judgement of conviction and sentence for 3 counts of 4th degree sexual assault of a minor, which included sex offender registry. Normally, this is not required of misdemeanor cases. The DA objected to striking this requirement.
VenueGrant Co.
DateOctober 2006
ResultSex offender registry requirement was dismissed.
ChargeAppeal, new trial on charges of 2nd Degree Sexual Assault of a Child and Child Enticement. Client, 18, was out with girl, 14 as friends. They parked late at night and when police knocked on window, they were partially undressed. Police got girl to admit that client touched her breast. That was the sole allegation and client claims it was an accident when police came. Client had court-appointed attorney who talked him into pleading guilty to a felony. We appealed and got conviction reversed. At the new trial, the victim admitted to lying multiple times to police, prosecutors, defense, and investigators under cross examination.
VenueEau Claire
DateJune 2006
ResultConviction reversed. Trial: Not Guilty.
ChargePotential child sexual assault charge. Accused of indecently touching stepdaughter. Allegations surfaced after teacher heard girls talking about client “tickling.” Social worker interviews trumped this up to “touching” of an “intimate part.” We were able to secure a letter from the stepdaughter stating that she had been bullied by the social worker and recanted any supposed statement.
