Sun Prairie, WI
Estate planning Lawyer at Sun Prairie, WI
Practice Areas: Estate Planning, Probate ... +2 more
OUTCOME: Hung jury, led to plea offer for reduced charges and reduced sentence.
Wife was charged with conspiracy for her, Husband, and relatives allegedly distributing large amounts of cocaine. All other members of the conspiracy testified against my client, the Wife, and her Husb ... and.
OUTCOME: Not guilty verdict for criminal defense client.
Type of case: Two men were charged with Criminal Damage to Property—1st Degree for interrupting public utility services. My role: I defended, Terry Anderson, one of the two men charged in this case ... . Robert Huffer, Esq., of Story City, Iowa, defended the other man charged, Dennis Frayne. At issue: Both men were accused by two eyewitnesses of opening half of the fire hydrants in Williams, Iowa, which drained the city water tower and left the city without water for many hours. Allegations of terrorism were raised because of interfering with a public utility. During the investigation, I accompanied my client to an interview with the sheriff’s deputy that investigated the case. I provided the deputy numerous witnesses that could account for my client’s entire evening the night the hydrants were opened. After charges were filed I was able to point out many problems in the deputy’s investigation that I and Mr. Huffer discovered during our representation: The deputy did not interview the eyewitnesses provided during my conversation with him prior to filing charges. Both eyewitnesses discussed their version of events for a length of time shortly before the deputy interviewed them. This allowed them an opportunity to make up a story. The deputy had to admit he did not know this. One of the eyewitnesses was the mother to the best friend of the other eyewitness. She was also a first cousin of the prosecutor’s wife. Both eyewitnesses had criminal records and had been prosecuted numerous times by the prosecutor pursuing my client’s charges. An eyewitness that originally supported my client changed her testimony immediately before testifying at trial, but through using her prior sworn statement I was able to keep her locked into her original story. Eyewitnesses I provided at the beginning of the investigation accounted for the whereabouts of Mr. Anderson and Mr. Frayne on the evening the fire hydrants were opened. An expert witness on water systems was able to discredit the eyewitnesses version of events based upon other witnesses recalling when they lost water, and comparing it to the claims against Mr. Anderson and Mr. Frayne. Mr. Anderson ran for Mayor of Williams, Iowa, in 2003, and Mr. Frayne ran for Mayor of Williams, Iowa, in 2005. Both men had been very vocal about city government prior to criminal charges being filed. The statewide media attention from this case appears to have negatively impacted Mr. Frayne’s run for Mayor. One of the eyewitnesses was alleged to have had a romantic relationship with a former elected official in Williams, and also was alleged to have had a friendship with an appointed official in Williams that both Mr. Anderson and Mr. Frayne had criticized in their campaigns. Results: My client was found not guilty in less than one (1) hour after a three (3) day jury trial.
OUTCOME: Husband awarded full physical child custody, majority of assets, and attorney's fees.
Type of case: Dissolution of marriage trial on contested child custody and property division. My role: I was attorney for the ex-husband at trial. At issue: My client was on parole and re-enter ... ing the workforce after reforming himself during time in federal prison for drug charges. My client had documentation supporting his reformation, and was fighting for custody of his three children, his homestead, and some marital assets. There were restraining orders for both my client and the ex-wife. The ex-wife attempted to claim the children were not my client’s during pre-trial hearings, and paternity had to be established. Ex-wife went through two lawyers during the litigation of this case which culminated in a trial. We were able to prove how my client had turned his life around and was working to put his children through a private preparatory school. Also, we were able to show how my client was financially responsible and not only would be able to sustain marital assets, but it was necessary he be awarded some of those assets to pay down marital debt. Results: After trial my client was awarded sole physical custody of all three children, as well as the homestead and vehicles. My client’s award of the homestead also granted him an opportunity to apply the equity of the homestead against debts awarded to his ex-wife.
OUTCOME: Not guilty verdict for criminal defense client.
Type of case: Criminal Sexual Conduct—3rd Degree, multiple charges of an adult having sexual penetration with a minor and forcing sexual penetration. My role: I represented the Defendant through pr ... e-trial hearings when I was a Contract Public Defender for Dakota County, Minnesota. After state budget cuts, many Public Defender contracts were ended, including mine. Sue Flinsch, Esq., a full-time Public Defender and former head attorney for the City of Saint Paul, was assigned the case. At issue: The Defendant firmly contended the alleged victim lied about her age, claiming to be older than 16-years-old, which negated one facet of the charges. The Defendant also contended he did not force himself on the alleged victim and that all sexual penetration was consensual, which negated the other charge. Results: During pre-trial hearings I raised the defense as to mistake of age and the defense of consensual penetration, which the court did allow at trial. I also prevented some statements made by the Defendant from being used against him at trial because law enforcement did not read his right to remain silent. Sue Flinsch, Esq., handled the trial and obtained a not guilty verdict on all counts.
OUTCOME: Preserved life-time spousal maintenance.
Type of case: Post-divorce appeal on modification of spousal maintenance (also called alimony). My role: I represented the ex-wife on appeal who was defending a favorable post-divorce ruling that g ... ave her permanent spousal maintenance. At issue: My client had been awarded permanent spousal maintenance after a 26 year marriage to a pilot of a major airline. The ex-husband paying my client spousal maintenance brought a motion to lower his monthly payments, and to require my client to refund what he claimed was over-payment of spousal maintenance. The ex-husband also argued my client had committed fraud on the court at the time of the divorce. My client had not worked during most of a 26 year marriage, and had raised two children and taken care of the marital household to allow her ex-husband to extensively travel for work. The couple enjoyed a substantial standard of living, and my client was not able to rejoin the work force and earn at the same standard of living after staying at home for many years. My client also had physical issues that prevented her from being fully employed. The ex-husband argued on post-trial motions and appeal that he was hampered by monthly spousal maintenance payments. I was able to point out the fault in the ex-husband’s arguments on appeal. Ex-husband claimed he had experienced stagnation in pay, but failed to account for years of pay increases which preceded any pay cuts. Ironically the ex-husband claimed that inflation lowered his purchasing power, while not accounting for how inflation impacted my client. I was also able to point out that ex-husband thought he should have some more “toys”, such as a boat or private plan. Additionally, ex-husband’s travel for pleasure nearly doubled after the divorce, and included international destinations and a nudist colony. Results: I was successful and my client won the appeal. My client was awarded the same amount of life-time spousal maintenance. This also defeated the ex-husbands arguments for a refund and for fraud on the court.
OUTCOME: Prosecuted case to a guilty verdict.
Type of case: Methamphetamine Manufacturing while in Possession of an Offensive Weapon, Delivery of Methamphetamine, Possession of Methamphetamine, Manufacturing Marijuana while in Possession of an Off ... ensive Weapon, Unlawful Possession of Explosive Materials. My role: I was prosecuting attorney for a 3-day Jury Trial and a pre-trial Motion to Suppress evidence filed by opposing counsel. At issue: A confidential informant voluntarily came to law enforcement and wanted out of the drug scene. During a sting operation the defendant was arrested and a search warrant executed. The evidence seized included numerous weapons and explosive materials, night vision goggles, an altered tank with anhydrous ammonia hanging from a tree, 2-liter bottles containing ether in a meat freezer, altered gas cans, muriatic acid, scales, baggies, and marijuana growing above the kitchen sink. Results: The conviction on all counts after a 3-day Jury Trial was upheld by the Iowa Court of Appeals.
OUTCOME: Prosecuted case to a guilty verdict.
Type of case: Burglary—2nd Degree, Kidnapping—1st Degree, Domestic Assault with a Dangerous Weapon. My role: I was the prosecuting attorney for a 3-day Jury Trial, 2-day Post-Conviction Relief Tr ... ial, and over 10 pre-trial motion hearings brought by opposing counsel. At issue: A husband violated a no contact order protecting his wife for which he was charged for burglarizing his own home. The husband loaded a shotgun and placed it to his wife’s head. The husband chased his wife after she fled the house and ran her off a road with a vehicle. The wife sustained multiple injuries. Their children were in the home during most of the incident. Results: The 3-day Jury Trial produced a conviction for Burglarly-2nd Degree, Domestic Assault with a Dangerous Weapon, and False Imprisonment, a lesser included offense of Kidnapping. The conviction was upheld by the Iowa Court of Appeals and the District Court at the Post-Conviction Relief Trial. I won many of the pre-trial motions to admit evidence of the husband’s statements, the seized shotgun, letters the husband had delivered through his sister and mother to his wife asking her to recant her story, and many pictures of physical injuries.
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