GUILTY WI - DonaMae Bourgeois Bayerl, 38, Muskego, 6 May 1979 *Arrest in 2019*

[iulia]

https://eu.jsonline.com/story/news/...onsin-homicide-challenges-charges/3071902002/

A Florida man charged last month with murdering his wife — who disappeared from their Muskego home in 1979 — says the complaint should be dismissed because it doesn't include enough facts about how prosecutors think he did the crime.
[...]
Bayerl has been held in the Waukesha County jail on $500,000 bail since his transport from Florida, where he was arrested at his Fort Myers home. A hearing on his motion to dismiss the complaint is set for Monday before Waukesha County Circuit Judge Brad Schimel.

 

[YESorNO]

Future court activity
Date Time Location Description Type Court official
03-11-2019 03:00 pm C266 Motion hearing Court Scullen, Sara

link: Wisconsin Circuit Court Access

Motion filed to dismiss Muskego cold case murder charge (with clip)

Mar 6, 2019

"MUSKEGO, Wis. (CBS 58) -- A Muskego man charged with killing his wife almost 40 years ago has filed a motion to dismiss the case.

The motion was filed Monday, March 4 on behalf of 78-year-old John Bayerl whose wife Dona Mae Bayerl disappeared in 1979. Her body was never found, but John Bayerl was arrested in Florida and charged for the murder.

The motion to dismiss is based on "a lack of sufficient facts." A hearing on that motion is set for March 11."

Motion filed to dismiss Muskego cold case murder charge

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[Niner]

Monday, March 11th:
*Motions Hearing (@ 3pm CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, not found; declared dead 8-6-86) - *John H. Bayerl (78/38 @ time of crime) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. $500K cash bond.
Waived extradition from Ft. Myers, FL to Wisconsin on 2/15/19. Initial appearance hearing on 2/21/19.
3/11/19 Motion to Dismiss Criminal Complaint filed by defense Atty Wolff.

 

[Niner]

Date Event Court official Court reporter Amount
03-11-2019 Notice of hearing
Additional text:
Preliminary hearing on March 22, 2019 at 03:00 pm.
03-11-2019 Motion hearing Schimel, Brad D. Dassow, Barbara
Additional text:
Sue Opper and Ted Szczupakiewicz appeared for the State of Wisconsin. Defendant John H Bayerl in court with attorney Pablo Galaviz and Attorney Peter Wolff. Court to Address: Defense Motion to Dismiss/Challenging the Criminal Complaint and for Bail Modification. Motion to Dismiss: Atty. Wolff presented arguments to the court - Challenging the Criminal Complaint. State objects and presented arguments to the court - No statutory time limit on this type of case prosecution. Defense presented response. Court denies - Defense Motion to Dismiss. Court finds the State has met their burden of proof. Reasons placed on the record. Defense Motion for Modification of Bail: Atty. Wolff presented arguments to the court - Reduction of cash bail to $25,000 State objects and presented arguments to the court. Defense presents a response. Court Denies - Defense Motion for Bail Modification. Bail and Condition remain as previously fixed. Reasons placed on the record. Defense willing to toll the time limits to the next court date. Preliminary hearing scheduled for March 22, 2019 at 03:00 pm.
link: Wisconsin Circuit Court Access

 

[Niner]

Friday, March 22nd:
*Preliminary Hearing (@ 3pm CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, not found; declared dead 8-6-86) - *John H. Bayerl (78/38 @ time of crime) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. $500K cash bond.
Waived extradition from Ft. Myers, FL to Wisconsin on 2/15/19. Initial appearance hearing on 2/21/19.
3/11/19 Motion to Dismiss Criminal Complaint filed by defense Atty Wolff. Court denies Motion to dismiss & also denies Motion for bail modification. Next Preliminary hearing on 3/22.

 

[Niner]

Future court activity
Date Time Location Description Type Court official
04-29-2019 11:00 am Branch 6, Courtroom C121 Status conference Court Schimel, Brad D.

05-22-2019 01:30 pm Branch 6, Courtroom C121 Motion hearing Court Schimel, Brad D.

06-10-2019 09:30 am Branch 6, Courtroom C121 Jury status hearing Court Schimel, Brad D.

06-21-2019 08:30 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-24-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-25-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-26-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-27-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-28-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, April 29th:
*Status Conference Hearing (@ 11am CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, not found; declared dead 8-6-86) - *John H. Bayerl (78/38 @ time of crime) arrested (2/19/19), charged (2/21/19) & arraigned (3/11/19) with 1st degree murder. Plead not guilty. $500K cash bond.
Waived extradition from Ft. Myers, FL to Wisconsin on 2/15/19. Initial appearance hearing on 2/21/19.
3/11/19 Motion to Dismiss Criminal Complaint filed by defense Atty Wolff. Court denies Motion to dismiss & also denies Motion for bail modification. Next Preliminary hearing on 3/22.
3/22/19 Update: Status conference hearing on 4/29, Motion hearing on 5/22, Jury Status hearing on 6/10, trial starts 6/21, 6/24 thru 6/28.

 

[Niner]

Date Event Court Official Court Reporter
04-29-2019 Status conference Schimel, Brad D. Dassow, Barbara
Additional text:
Susan Opper and Ted Szczupakiewicz appeared for the State of Wisconsin. Defendant John H Bayerl in court, in custody, with attorney Peter M Wolff and attorney Pablo Galaviz. Court to Address: Proposed Jury Questionnaires. All motions filed by both the State and Defense will be heard on 05/22/19. Defense is requesting 48 hours to review the the Proposed Jury Questionnaire filed by the State to raise any objections, deletions or additions. Court sets a witness list deadline of 05/22/19 for both sides. Parties are in agreement to 2 alternates. Court will order 2 alternates. Court will order 150 jury questionnaires be sent out on 05/06/19.

link: Wisconsin Circuit Court Access

 

[Niner]

Wednesday, May 22nd:
*Motions Hearing (@ 1:30pm CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, not found; declared dead 8-6-86) - *John H. Bayerl (78/38 @ time of crime) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. $500K cash bond. *Waueksha County
Waived extradition from Ft. Myers, FL to Wisconsin on 2/15/19. Initial appearance hearing on 2/21/19.
3/11/19 Motion to Dismiss Criminal Complaint filed by defense Atty Wolff. Court denies Motion to dismiss & also denies Motion for bail modification. Next Preliminary hearing on 3/22.
3/22/19 Update: Status conference hearing on 4/29, Motion hearing on 5/22, Jury Status hearing on 6/10, trial starts 6/21, 6/24 thru 6/28.
4/29/19 Update: Discussed proposed jury questionnaires. Next Motions hearing on 5/22.

 

[Niner]

Docket for 5/22:

05-22-2019 Motion hearing Schimel, Brad D. Dassow, Barbara

Additional text:
DA Sue Opper and ADA Ted Szczupakiewicz appeared for the State of Wisconsin. Defendant John H Bayerl in court, in custody, with attorney Peter M Wolff and attorney Pablo Galaviz. Victim (J.K.), Daughter appeared by phone. Court to Address: All Motions Filed by Both Sides: Defense Motion to Exclude the State's Expert Testimony (Daubert Motion). Defense Motion to Suppress State's Other Acts Motion. Motion in Limine from both State and Defense. 1) Defense Motion to Exclude the State's Expert Testimony (Daubert Motion): Witness Called: John McCormack (Forensic Scientist in the DNA Unit of the Crime Lab in Milwaukee). Sworn and Testified. Exhibits Marked: 1 & 2. Exhibit: 1 Offered and received. Exhibit: 2 Never offered. State presented arguments. Defense stands on briefing filed. Court finds John McCormack is qualified as an expert. Further reasons placed on the record. Therefore, Court Denies the Defense Motion. 2) Defense Motion to Suppress: Witness Called: Stephen Markley (Retired Law Enforcement). Witness Sworn and Testified. State presented arguments. Defense presented arguments. Court Denied - Defense Motion to Suppress. Reasons placed on the record. 3) State's Other Acts Evidence: Court has read the briefs filed by both the State and Defense. State presented arguments to the court. Defense presented arguments to the court. Responses and replies presented. Court will Grant in Part and Deny in Part - State's Other Acts Motion. Reasons and decision placed on the record. 4) State's Motions in Limine: 1) Defense objects to G Arguments presented by both sides. Responses and replies presented. Court rendered decision. 2) Resolved with limitations as placed on the record. 3) Resolved. 4) Will be addressed at trial 5) Court Grants. 6) Court Grants - Defense has no objection to the court officer. 7) Will be address at the time. 8) Court Grants. Defense has no objections with 9 - 19 & 21 - 29. 20) Arguments presented - Court will address at jury status. 5) Defense Motion in Limine: State has no objections to 1 - 3, 6 & 9 - 20. 4) State objects and presented arguments. Court rendered decision - Placed on the record. 5) State objects and presented arguments. Court renders decision - Placed on the record. 7) State objects and presented arguments. Court renders decision - Placed on the record. 8) Arguments presented by both sides. Responses and replies presented. Court rendered decision.
05-22-2019 Witness list - plaintiff Schimel, Brad D.
Additional text:
State's Witness List.

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, June 10th:
*Jury Status Hearing (@ 9:30am CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, not found; declared dead 8-6-86) - *John H. Bayerl (78/38 @ time of crime) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. $500K cash bond.
Waived extradition from Ft. Myers, FL to Wisconsin on 2/15/19. Initial appearance hearing on 2/21/19.
3/11/19 Motion to Dismiss Criminal Complaint filed by defense Atty Wolff. Court denies Motion to dismiss & also denies Motion for bail modification. Next Preliminary hearing on 3/22.
3/22/19 Update: Status conference hearing on 4/29, Motion hearing on 5/22, Jury Status hearing on 6/10, trial starts 6/21, 6/24 thru 6/28.
4/29/19 Update: Discussed proposed jury questionnaires. Next Motions hearing on 5/22.
5/22/19 Update: 1) Defense Motion to Exclude the State's Expert Testimony (Daubert Motion): Witness Called: John McCormack (Forensic Scientist in the DNA Unit of the Crime Lab in Milwaukee). Motion denied. 2) Defense Motion to Suppress: Witness Called: Stephen Markley (Retired Law Enforcement). Motion to suppress denied. 3)Court will Grant in Part and Deny in Part - State's Other Acts Motion. Next Jury status hearing on 6/10.

 

[Niner]

Date Time Location Description Type Court official
06-21-201908:30 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-24-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-25-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-26-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-27-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.

06-28-2019 08:15 am Branch 6, Courtroom C121 Jury trial - 12 person Court Schimel, Brad D.
Court record

Docket:
06-10-2019 Jury status hearing Schimel, Brad D. Dassow, Barbara

Additional text:
Sue Opper and Ted Szczupakiewicz appeared for the State of Wisconsin. Defendant John H Bayerl in court with attorney Pablo Galaviz. Court to Address: Jury Status and Jury Questionnaires. Both State and Defense have received copies of the Jury Questionnaires. State and Defense are prepared to proceed to Jury Trial. Parties are prepared to proceed to Jury Selection on Friday, 06/21/19 and Start with opening statements on Monday, 06/24/19. Court addressed with the parties the strikes for cause as it pretains to the Jury Questionnaires. Court Strikes for Cause the following Jurors: Kristin Kriegbaum and Kathleen Kuelthau. Total number of questionnaires received is 80. Jury coordinator to e-mail the last 5 questionnaires to both the State and Defense.


Wisconsin Circuit Court Access

 

[Niner]

Friday, June 21st:
*Trial set to begin with Jury Selection (@ 8:30am CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, not found; declared dead 8-6-86) - *John H. Bayerl (78/38 @ time of crime) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. $500K cash bond. *Waueksha County
Trial set to begin 6/21 with jury selection. Continues on 6/24 with opening statements and thru 6/28 @ 8:15am.

 

[Niner]

Anyone following this case? I guess they expect to get a jury today, as they have opening statements starting on Monday, 6/24.

 

[mothwings]

I'll be following it. Hoping for justice for DonnaMae! I may even make a stop in the courtroom one of these days. Anyone know how long the trial is suppose to last?

 

[ilovechili]

I was not following but just saw it and am checking it out now. I would be interested in continuing to follow it. Nice to see justice even when sometimes it takes years.

 

[Niner]

Date Event Court official Court reporter Amount
06-21-2019 Other papers Schimel, Brad D.
Additional text:
Detective Stephen Westphal Police Report August 8, 2018.

06-21-2019 Notice of motion, motion Schimel, Brad D.
Additional text:
Notice of Motion and Motion for Other Acts.

06-21-2019 Jury seating chart
06-21-2019 Jury selection
Additional text:
Juror's Selection and Peremptory Challenges.

06-21-2019 Jury list Schimel, Brad D. Dassow, Barbara
Additional text:
Alphabetical Voir Dire List and Random Voir Dire List.

06-21-2019 Jury trial twelve person Schimel, Brad D. Dassow, Barbara
Additional text:
Jury Trial - Day One Sue Opper and Ted Szczupakiewicz appeared for the State of Wisconsin. Defendant John H Bayerl in court, in custody, with attorney Peter M Wolff and attorney Pablo Galaviz. Court addressed the parties. Bailiff sent down to get the potential jurors @ 8:45 am. 53 Potential jurors sent up @ 9:07 am. Court addressed all potential jurors - introduction. Clerk swears in all potential jurors. Court conducts voir dire. Court strikes Juror 24 for cause. Clerk called next juror. Court continues with voir dire. State conducts voir dire. Defense conducts voir dire. Parties conduct their strikes. Judge read the 14 selected jurors. All selected jurors sworn in. Unselected jurors returned to the JAR. Judge addressed the selected jurors. Jurors excused for the day @ 11:25 am. Court in adjournment @ 11:26 am.

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, June 24th:
*Trial set to begin (@ 8:30am CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, not found; declared dead 8-6-86) - *John H. Bayerl (78/38 @ time of crime) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. $500K cash bond.
Trial set to begin 6/21 with jury selection. Continues on 6/24 with opening statements and thru 6/28 @ 8:15am.
6/21/19 Update: 12 jurors & 2 alternates seated Trial begins on 6/24.

 

[Niner]

I'll be following it. Hoping for justice for DonnaMae! I may even make a stop in the courtroom one of these days. Anyone know how long the trial is suppose to last?

Court site has it lasting until 6/28.

 

[Cagle]

A jury trial is starting for a Florida man accused in the death of his wife, whose body has never been found since her disappearance 40 years ago in Wisconsin.

Florida man on trial in wife's 1979 killing in Wisconsin