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

[Niner]

Tuesday, June 25th:
*Trial continues (Day 2) (@ 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 began 6/21 with jury selection. Continues on 6/24 with opening statements and thru 6/28.
6/21/19 Update: 12 jurors & 2 alternates seated Trial begins on 6/24.
6/24/19 Day 1: Jurors entered the courtroom. Court read the preliminary instructions to the jurors. State presented their opening statements. Defense presented their opening statements. Jury excused. Court addressed with the parties issues outside the presence of the jurors. Jurors returned. State witnesses: Jack Mack (Former Officer from Muskego Police Dept). Joan Bourgeois (victim's sister). Jurors excused. Court addressed with the parties the state's motion to preclude the media from showing the faces of the following two witnesses (Jackie Kort and Jodie Jarvis - victim's daughters). Defense has no objections. Court Grants - Media is allowed to have audio of the above listed witnesses but no photo's of the daughters. Jurors returned. Court instructs the jurors with a cautionary jury instruction. State witness: Jodie Jarvis (Victim's Daughter). Jurors excused for lunch @ 12:14 pm. Court back on the record @ 1:30 pm. Jurors returned. State witness: Jackie Kort (Victim's Daughter). Juror's excused for a short break @ 2:16 pm. Court addressed with the parties the issue of the extra marital affair - outside the presence of the jurors. State presented arguments to the court. Attorney Wolff objects and presented argument. Responses and replies presented. Court placed it's decision on the record - State will be allowed to introduce the extra marital affair (Meets the requirements under Sullivan). Reasons placed on the record. Defense continues their objection. Court addressed with the parties the State's Notice of Motion and Motion for Other Acts. Transcript of the DVD from 08/05/09 provided to the court. Defense objects to the motion and presented arguments. State presented arguments. Court will not allow for the State's Other Acts Motion in their case in chief. Reasons placed on the record. Juror's returned. State Witnesses: Jackie Kort (Victim's Daughter). Stephen Markley (Former Officer - Muskego Police Department). Trial continues on 6/25.

 

[Niner]

Wednesday, June 26th:
*Trial continues (Day 3)-Closing Arguments (@ 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.
6/21/19 Update: 12 jurors & 2 alternates seated Trial begins on 6/24.
6/24/19 Day 1: Jurors entered the courtroom. Court read the preliminary instructions to the jurors. State presented their opening statements. Defense presented their opening statements. Jury excused. Court addressed with the parties issues outside the presence of the jurors. Jurors returned. State witnesses: Jack Mack (Former Officer from Muskego Police Dept). Joan Bourgeois (victim's sister). Jurors excused. Court addressed with the parties the state's motion to preclude the media from showing the faces of the following two witnesses (Jackie Kort and Jodie Jarvis - victim's daughters). Defense has no objections. Court Grants - Media is allowed to have audio of the above listed witnesses but no photo's of the daughters. Jurors returned. Court instructs the jurors with a cautionary jury instruction. State witness: Jodie Jarvis (Victim's Daughter). Jurors excused for lunch @ 12:14 pm. Court back on the record @ 1:30 pm. Jurors returned. State witness: Jackie Kort (Victim's Daughter). Juror's excused for a short break @ 2:16 pm. Court addressed with the parties the issue of the extra marital affair - outside the presence of the jurors. State presented arguments to the court. Attorney Wolff objects and presented argument. Responses and replies presented. Court placed it's decision on the record - State will be allowed to introduce the extra marital affair (Meets the requirements under Sullivan). Reasons placed on the record. Defense continues their objection. Court addressed with the parties the State's Notice of Motion and Motion for Other Acts. Transcript of the DVD from 08/05/09 provided to the court. Defense objects to the motion and presented arguments. State presented arguments. Court will not allow for the State's Other Acts Motion in their case in chief. Reasons placed on the record. Juror's returned. State Witnesses: Jackie Kort (Victim's Daughter). Stephen Markley (Former Officer - Muskego Police Department). Trial continues on 6/25.
6/25 Day 2: State witnesses: David Wolfgram (Former Officer from Muskego Police Department). Ronald Witucki (Crime Lab Analyst). John Daley (Former Officer Muskego Police Department). John Johson (Former Officer Muskego Police Department). Court addressed with the parties a cautionary jury instruction that the court will read prior to the next 2 witnesses being called. State also requests the next two witnesses not have their images captured by the media. Court Grants - Next Two Witnesses are not to be shown by the media - Audio ONLY. Jurors returned to the courtroom. Court read a cautionary instruction to the jurors. Witnesses Called: Agnes Pascavis (Defendant's 1st ex-wife). Linda Barker (Defendant's 3rd ex-wife). Detective Stephen Westphal (City of Muskego Police Dept). Jurors excused for a brief adjournment. Defense moves for a directed verdict - arguments presented. State presents no arguments. Court Denies - Defense request for a directed verdict. Court finds the State has met their burden & made a prima facia showing. Further reasons placed on the record. Defendant is choosing not to testify. Court will accept the defendant's waiver of his right to testify. Defense rests. Court deems testimony closed. Defense renews their motion for a directed verdict. Court Denies - Sames reasons as previously cited. Jurors returned to the courtroom. Defense rests on the record. Jurors excused for the evening. Court addressed with the parties the proposed jury instructions and verdicts. Trial continues tomorrow with closing arguments on 6/26.

 

[mothwings]

Too bad no video coverage. I was really interested in the blood testimony. At least he was found guilty.

 

[Niner]

Update!

Wednesday, June 26th:
*Trial continues (Day 3)-Verdict! (@ 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.
Jury & Trial information from Day 1-2 (6/21/19 to 6/25/19) reference post #42 here:
WI - DonaMae Bourgeois Bayerl, 38, Muskego, 6 May 1979 *Arrest in 2019*
6/26/19 Day 3: Court addressed with the parties any objections to the jury instructions or verdicts. Jurors returned to the courtroom. State presented closing arguments. Defense presented closing arguments. State presented rebuttal. Court read the jury instruction & verdict forms to the jurors. Court read the names of the two alternates - thanked them for their service & excused them. Jurors excused for deliberation @ 10:26 am. Jurors notified the bailiff they had a question @ 10:50 am. Jurors note is requesting multiple exhibits. Parties notified to return to the courtroom. Defense waives the defendant's appearance. Court & parties addressed the request from the jurors. All photo exhibits & diagram published to the jury will be allowed back. State has no objection to police reports & statements going back if they are redacted - Defense requests they not be sent back. Court will not allow the police reports to go back. State & Defense object to exhibits 35 & 36 going back (Crime Lab Reports). State & Defense have no objection to exhibits 31 and 41. Jurors will need to be brought into court to listen to exhibit 17. Jurors returned to the courtroom. Court read the response to the jurors request for exhibits. State played exhibit 17 for the jurors. Jurors returned to deliberations @ 12:20 pm. Jurors notified the bailiff they had a verdict @ 3:44pm. Clerk contacted all parties to return. Court back on the record @ 4:07pm. Jurors returned to the courtroom @ 4:08 pm. Court read the verdict: GUILTY. Court polled the jurors. Court accepts the Guilty verdict. Jurors excused @ 4:12pm. State moves for judgment on the verdict. Defendant moves for judgment not with standing the verdict. Court Denies - Defense request & enters judgment on the verdict. Defense is requesting a PSI. Court orders the PSI. Court revokes bail - Defendant to be held without bail. Court orders the PSI to be filed by: 08/12/19. Sentencing hearing scheduled for August 30, 2019 at 1:30pm.
Jury deliberated: 6/26: 10:26am-11:56am (1 hour 30 mins). 12:20pm-3:44pm (3 hours 24 mins.). Total hours: ~5 hours.

 

[JerseyGirl]

Jurors in Waukesha County found 79-year-old John Bayerl guilty after hearing closing arguments. Bayerl was arrested in Fort Myers, Florida, in February and was extradited to Waukesha, Wisconsin, to stand trial in the death of 38-year-old Dona Mae Bayerl.

Bayerl faces a mandatory sentence of life in prison.

Jury convicts man in death of missing Wisconsin wife

 

[Niner]

Date Time Location Description Type Court official
08-30-2019 01:30 pm Courtroom C162 Sentencing hearing Court Schimel, Brad D.

link: Wisconsin Circuit Court Access

 

[Niner]

Friday, August 30th:
*Sentencing 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. Plead not guilty. $500K cash bond.
Trial began on 6/21 with jury selection. Continues on 6/24 with opening statements and thru 6/28 @ 8:15am. Trial ended 6/26/19.
Jury & Trial information from Day 1-2 (6/21/19 to 6/25/19) reference post #42 here:
GUILTY - WI - DonaMae Bourgeois Bayerl, 38, Muskego, 6 May 1979 *Arrest in 2019*
6/26/19 Day 3: Court addressed with the parties any objections to the jury instructions or verdicts. Jurors returned to the courtroom. State presented closing arguments. Defense presented closing arguments. State presented rebuttal. Court read the jury instruction & verdict forms to the jurors. Court read the names of the two alternates - thanked them for their service & excused them. Jurors excused for deliberation @ 10:26 am. Jurors notified the bailiff they had a question @ 10:50 am. Jurors note is requesting multiple exhibits. Parties notified to return to the courtroom. Defense waives the defendant's appearance. Court & parties addressed the request from the jurors. All photo exhibits & diagram published to the jury will be allowed back. State has no objection to police reports & statements going back if they are redacted - Defense requests they not be sent back. Court will not allow the police reports to go back. State & Defense object to exhibits 35 & 36 going back (Crime Lab Reports). State & Defense have no objection to exhibits 31 and 41. Jurors will need to be brought into court to listen to exhibit 17. Jurors returned to the courtroom. Court read the response to the jurors request for exhibits. State played exhibit 17 for the jurors. Jurors returned to deliberations @ 12:20 pm. Jurors notified the bailiff they had a verdict @ 3:44pm. Clerk contacted all parties to return. Court back on the record @ 4:07pm. Jurors returned to the courtroom @ 4:08 pm. Court read the verdict: GUILTY. Court polled the jurors. Court accepts the Guilty verdict. Jurors excused @ 4:12pm. State moves for judgment on the verdict. Defendant moves for judgment not with standing the verdict. Court Denies - Defense request & enters judgment on the verdict. Defense is requesting a PSI. Court orders the PSI. Court revokes bail - Defendant to be held without bail. Defendant to be held without bail pending sentencing. Court orders the PSI to be filed by: 08/12/19. Sentencing hearing scheduled for August 30, 2019 at 1:30pm.
Jury deliberated: 6/26: 10:26am-11:56am (1 hour 30 mins). 12:20pm-3:44pm (3 hours 24 mins.). Total hours: ~5 hours.

 

[Niner]

Sentence
State Prison

Time
1 Life

Begin date


Notes
Court orders Life in Prison. Sentence credit of 193 days were granted.

link: Wisconsin Circuit Court Access

 

[Niner]

Justice for DonaMae!

 

[CastlesBurning]

Keeping Hope Alive: Wisconsin Missing Persons Advocacy

WISCONSIN (WEAU) - May 1979. That’s when Dona Mae Bayerl of Muskego was last seen. Her daughter, Jackie Kort, was four years old.

“I lived most of my life without really having anybody to talk about it to,” said Kort.

In 2019, Kort’s father was convicted of killing her mother and sentenced to life in prison.

“One of those unusual cases because my mom is still missing. We are still looking for her. I still want answers,” she said.

However, a post-conviction relief hearing is scheduled for February, which means depending on what the judge decides, there could be a new trial.

 

[Niner]

Court record
Date Event Court official Court reporter Amount
10-30-2020 Order of Court of Appeals
Additional text:
AMENDED:
The defendant, by counsel, moves to extend to March 5, 2020, the time for the circuit court to decide the defendant's postconviction motion. Based on the facts set forth in the motion, the court concludes that good cause exists for the relief requested. Therefore,
IT IS ORDERED that the time for deciding the defendant postconviction motion is extended to March 05, 2021.

10-30-2020 Order of Court of Appeals
Additional text:
The defendant, by counsel, moves to extend to March 5, 2020, the time for the circuit court to decide the defendant's postconviction motion. Based on the facts set forth in the motion, the court concludes that good cause exists for the relief requested. Therefore,
IT IS ORDERED that the time for deciding the defendant postconviction motion is extended to March 05, 2020.

E-Mail sent to the court of appeals - regarding error in the order, rather the year 2020 it should be 2021.

10-27-2020 Notice of hearing
Additional text:
Motion on postconviction relief hearing on February 5, 2021 at 08:30 am.

10-27-2020 Order to produce Schimel, Brad D. Dassow, Barbara
10-27-2020 Video conferencing Schimel, Brad D. Dassow, Barbara

10-27-2020 Motion on postconviction relief hearing Schimel, Brad D. Dassow, Barbara
Additional text:
Susan L. Opper and Ted Szczupakiewicz appeared for the State of Wisconsin.
Defendant John H Bayerl not in court, in custody (at Oshkosh Correctional), with attorney Anthony D Cotton.
Victims appeared by zoom.
Court to Address: Defense Post Conviction Motion for Relief - Ineffectiveness of Counsel.

Order to produce was prepared and the defendant was to be produced by 10/22/2020 - However, the defendant was never produced - Sheriff's department was not allowed to transport the defendant due to the lock down - However, the court was not notifed.
Clerk tried to contact the facility and set up a phone or video conference, and was told the facility was on lock down and they were not allowing any phone or zoom/video contact.
Court will find good cause to extend the date of this hearing. Reasons placed on the record.

Post Conviction Motion to be rescheduled.
Defendant to be produced for the next court date.
Defendant to be produced by 02/01/21.

Motion on postconviction relief hearing scheduled for February 5, 2021 at 08:30 am.


Court activities
Date Time Location Description Type Court official
02-05-2021 08:30 am Courtroom C162 Motion on postconviction relief hearing Court Schimel, Brad D.

link: Wisconsin Circuit Court Access

 

[JerseyGirl]

Court record
Date Event Court official Court reporter Amount
10-30-2020 Order of Court of Appeals
Additional text:
AMENDED:
The defendant, by counsel, moves to extend to March 5, 2020, the time for the circuit court to decide the defendant's postconviction motion. Based on the facts set forth in the motion, the court concludes that good cause exists for the relief requested. Therefore,
IT IS ORDERED that the time for deciding the defendant postconviction motion is extended to March 05, 2021.

10-30-2020 Order of Court of Appeals
Additional text:
The defendant, by counsel, moves to extend to March 5, 2020, the time for the circuit court to decide the defendant's postconviction motion. Based on the facts set forth in the motion, the court concludes that good cause exists for the relief requested. Therefore,
IT IS ORDERED that the time for deciding the defendant postconviction motion is extended to March 05, 2020.

E-Mail sent to the court of appeals - regarding error in the order, rather the year 2020 it should be 2021.

10-27-2020 Notice of hearing
Additional text:
Motion on postconviction relief hearing on February 5, 2021 at 08:30 am.

10-27-2020 Order to produce Schimel, Brad D. Dassow, Barbara
10-27-2020 Video conferencing Schimel, Brad D. Dassow, Barbara

10-27-2020 Motion on postconviction relief hearing Schimel, Brad D. Dassow, Barbara
Additional text:
Susan L. Opper and Ted Szczupakiewicz appeared for the State of Wisconsin.
Defendant John H Bayerl not in court, in custody (at Oshkosh Correctional), with attorney Anthony D Cotton.
Victims appeared by zoom.
Court to Address: Defense Post Conviction Motion for Relief - Ineffectiveness of Counsel.

Order to produce was prepared and the defendant was to be produced by 10/22/2020 - However, the defendant was never produced - Sheriff's department was not allowed to transport the defendant due to the lock down - However, the court was not notifed.
Clerk tried to contact the facility and set up a phone or video conference, and was told the facility was on lock down and they were not allowing any phone or zoom/video contact.
Court will find good cause to extend the date of this hearing. Reasons placed on the record.

Post Conviction Motion to be rescheduled.
Defendant to be produced for the next court date.
Defendant to be produced by 02/01/21.

Motion on postconviction relief hearing scheduled for February 5, 2021 at 08:30 am.


Court activities
Date Time Location Description Type Court official
02-05-2021 08:30 am Courtroom C162 Motion on postconviction relief hearing Court Schimel, Brad D.

link: Wisconsin Circuit Court Access

02-05-2021 08:30 am Courtroom C162 Motion on postconviction relief hearing Court Schimel, Brad D

 

[Niner]

Friday, Feb. 5th:
*Post-Conviction Relief Hearing (@ 8:30am CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, has not found; declared dead Aug. 6, 1986) - *John H. Bayerl (38 @ time of crime/78/now 80 ) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. Plead not guilty. $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. Trial ended 6/26/19. After ~5 hours of deliberations found guilty. Bail is revoked-to be held without bail.
Jury & Trial information from Day 1-3 (6/21/19 to 6/26/19) reference post #47 here:
GUILTY - WI - DonaMae Bourgeois Bayerl, 38, Muskego, 6 May 1979 *Arrest in 2019*
8/30/19 Update: Sentenced to life in state prison.
10/27/20: Motion on post-conviction relief hearing. Susan Opper & Ted Szczupakiewicz appeared for the State & defendant not in court, in custody at Oshkosh Correctional. His attorney Anthony Cotton present. All via Zoom. Court addressed - ineffectiveness of counsel. Defendant did not appear due to lockdown at the facility. Hearing was extended to 2/5/21. The defendant, by counsel, moves to extend to March 5, 2021, the time for the circuit court to decide the defendant's post-conviction motion. Based on the facts set forth in the motion, the court concludes that good cause exists for the relief requested. Therefore, IT IS ORDERED that the time for deciding the defendant post-conviction motion is extended to March 5, 2021.

 

[Niner]

Court record:
Date Event Court official Court reporter Amount
02-05-2021 Order for Competency Examination Schimel, Brad D.
Additional text:
Order for Competency Examination by Department of Health Services.
Signed by Judge Brad D. Schimel on 02/05/21.

02-05-2021 Order to produce Schimel, Brad D. Dassow, Barbara
02-05-2021 Video conferencing Schimel, Brad D. Dassow, Barbara
02-05-2021 Motion on postconviction relief hearing Schimel, Brad D. Dassow, Barbara
Additional text:
Susan L. Opper and Ted Szczupakiewicz appeared for the State of Wisconsin.
Defendant John H Bayerl in court, in custody (OTP'd from Oshkosh Correctional), with attorney Anthony D Cotton.
Victims appeared by zoom.
Court to Address: Defense Motion for Postconviction Relief - Ineffectiveness of Trial Counsel - Machner Hearing.
State presented a statement to the court - Written response was filed stating there was no deficiency in trial counsel, and the court should deny without a machner hearing.
Court will proceed with the Machner Hearing.

Witness Called: Peter Wolff (Prior Trial Counsel).
Witness Sworn and Testified.

Attorney Tony Cotton made a record regarding the defendant's competency, is asking for a competency evaluation, wants to make a record regarding the defendant inability to help counsel.
Attorney Tony Cotton is requesting a competency under 971.14.
Court Orders a Competency Evaluation under 971.14 on an out patient in custody basis.
Court will appoint Wisconsin Forensic Unit.
Evaluation Due On: 03/05/21

Based on the requests of defense counsel - Court will suspend the Machner hearing at this time pending the findings of the Competency Evaluation.

Defendant to be returned to Oshkosh Correctional - FORTHWITH.
Review hearing scheduled for March 12, 2021 at 01:30 pm. Check Case scheduled for February 26, 2021. Motion on postconviction relief hearing scheduled for April 16, 2021 at 01:30 pm.


Court activities:
Date Time Location Description Type Court official
03-12-2021 01:30 pm Courtroom C162 Review hearing Court Schimel, Brad D.

04-16-2021 01:30 pm Courtroom C162 Motion on postconviction relief hearing Court Schimel, Brad D.

link: Wisconsin Circuit Court Access

 

[Niner]

Upddate on docket:

Court record
Date Event Court official Court reporter Amount
03-04-2021 Competency report Schimel, Brad D.
Additional text:
SEALED: Competency Evaluation prepared by Dr. Collins.

02-23-2021 Transcript Schimel, Brad D.
Additional text:
Transcript - Filed by Court Reporter, Barbara Dassow - Motion on Postconviction Relief Hearing Excerpt, Held on 02/05/2021.

02-23-2021 Order of Court of Appeals
Additional text:
The defendant, by counsel, moves the court to extend the time under WIS. STAT. RULE 809.30(2)(i) for the circuit court to decide the defendant's postconviction motion. Based on the facts set forth in the motion, the court will grant the requested relief.
IT IS ORDERED that the time for deciding the defendant's postconviction motionis extended to June 16, 2021.

02-08-2021 Order for Competency Examination Schimel, Brad D.
Additional text:
AMENDED - Order for Competency Examination by Department of Health Services.
Signed by Judge Brad D. Schimel on 02/08/21.

link: Wisconsin Circuit Court Access

 

[Niner]

Friday, March 12th:
*Review Hearing (@ 1:30pm CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, has not found; declared dead Aug. 6, 1986) - *John H. Bayerl (38 @ time of crime/78/now 80) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. Plead not guilty. $500K cash bond.
Trial set to begin 6/21/19 with jury selection. Continues on 6/24 with opening statements and thru 6/28 @ 8:15am. Trial ended 6/26/19. After ~5 hours of deliberations found guilty. Bail is revoked-to be held without bail. Sentenced (8/30/19) to life in state prison.
Jury & Trial information from Day 1-3 (6/21/19 to 6/26/19) & sentenced (8/30/19) reference post #53 here:
GUILTY - WI - DonaMae Bourgeois Bayerl, 38, Muskego, 6 May 1979 *Arrest in 2019*
10/27/20: Motion on post-conviction relief hearing. Susan Opper & Ted Szczupakiewicz appeared for the State & defendant not in court, in custody at Oshkosh Correctional. His attorney Anthony Cotton present. All via Zoom. Court addressed - ineffectiveness of counsel. Defendant did not appear due to lockdown at the facility. Hearing was extended to 2/5/21. The defendant, by counsel, moves to extend to March 5, 2021, the time for the circuit court to decide the defendant's post-conviction motion. Based on the facts set forth in the motion, the court concludes that good cause exists for the relief requested. Therefore, IT IS ORDERED that the time for deciding the defendant post-conviction motion is extended to March 5, 2021.
2/5/21 Update: Motion to post conviction relief. Susan L. Opper & Ted Szczupakiewicz appeared for the State of Wisconsin. Defendant Bayerl in court, in custody (OTP'd from Oshkosh Correctional), with attorney Anthony D Cotton. Victims appeared by zoom. Court to Address: Defense Motion for Post-conviction Relief - Ineffectiveness of Trial Counsel - Machner Hearing. State presented a statement to the court - Written response was filed stating there was no deficiency in trial counsel & the court should deny without a Machner hearing. Court will proceed with the Machner Hearing. Witness Called: Peter Wolff (Prior Trial Counsel). Witness sworn & testified. Attorney Tony Cotton made a record regarding the defendant's competency, is asking for a competency evaluation, wants to make a record regarding the defendant inability to help counsel. Attorney Tony Cotton is requesting a competency under 971.14. Court Orders a Competency Evaluation under 971.14 on an out-patient in custody basis. Court will appoint Wisconsin Forensic Unit. Evaluation Due On: 3/5/21. Based on the requests of defense counsel - Court will suspend the Machner hearing at this time pending the findings of the Competency Evaluation. Defendant to be returned to Oshkosh Correctional - Forthwith. Review hearing scheduled for 3/12/21 at 1:30pm. Check Case scheduled for 2/26/21. Motion on post-conviction relief hearing scheduled for 4/16/21 at 1:30pm.
2/8/21: Order for competency exam. 2/23/21: Order of Court of Appeals. Defendant by counsel moves the court to extend the time for circuit court to decide defendant's post-conviction motion. It is ordered that the time for deciding defendant’s post-conviction motions extended to 6/16/21. 3/4/21: Competency report is sealed. Competency evaluation prepared by Dr. Collins.

 

[Niner]

Court record
Date Event Court official Court reporter Amount
03-12-2021 Order to produce Schimel, Brad D. Dassow, Barbara

03-12-2021 Video conferencing Schimel, Brad D. Dassow, Barbara

03-12-2021 Review hearing Schimel, Brad D. Dassow, Barbara
Additional text:
Ted Szczupakiewicz appeared for the State of Wisconsin.
Defendant John H Bayerl in court, in custody (by zoom from Oshkosh Correctional Facility) , with attorney Anthony D Cotton, by zoom.
Victims did appear by zoom.
Court to Address: Competency Evaluation prepared by Dr. Collins - Evaluation finds the defendant is competent to proceed.

State and Defense have received a copy of the Competency Evaluation prepared by Dr. Collins.
Neither the State or Defense are contesting the findings or requesting a second evaluation.
Court finds the defendant is competent to proceed.

Court orders defendant to be produced for the next hearing.
Defendant to be produced by: 04/12/21


Court activities
Date Time Location Description Type Court official
04-16-2021 01:30 pm Parties to appear remotely via Zoom. Motion on postconviction relief hearing Court Schimel, Brad D.

link: Wisconsin Circuit Court Access

 

[mothwings]

Court record
Date Event Court official Court reporter Amount
03-12-2021 Order to produce Schimel, Brad D. Dassow, Barbara

03-12-2021 Video conferencing Schimel, Brad D. Dassow, Barbara

03-12-2021 Review hearing Schimel, Brad D. Dassow, Barbara
Additional text:
Ted Szczupakiewicz appeared for the State of Wisconsin.
Defendant John H Bayerl in court, in custody (by zoom from Oshkosh Correctional Facility) , with attorney Anthony D Cotton, by zoom.
Victims did appear by zoom.
Court to Address: Competency Evaluation prepared by Dr. Collins - Evaluation finds the defendant is competent to proceed.

State and Defense have received a copy of the Competency Evaluation prepared by Dr. Collins.
Neither the State or Defense are contesting the findings or requesting a second evaluation.
Court finds the defendant is competent to proceed.

Court orders defendant to be produced for the next hearing.
Defendant to be produced by: 04/12/21


Court activities
Date Time Location Description Type Court official
04-16-2021 01:30 pm Parties to appear remotely via Zoom. Motion on postconviction relief hearing Court Schimel, Brad D.

link: Wisconsin Circuit Court Access

Hope he stays where he is.

 

[Niner]

Friday, April 16th:
*Motion re Post-Conviction Relief Hearing (@ 1:30pm CT) – WI - DonaMae Bourgeois Bayerl (38) (May 6, 1979, Muskego, has not found; declared dead Aug. 6, 1986) - *John H. Bayerl (38 @ time of crime/78/now 80) arrested (2/19/19) & charged (2/21/19) with 1st degree murder. Plead not guilty. $500K cash bond.
Trial began 6/21/19 with jury selection. Continues on 6/24 with opening statements and thru 6/28 @ 8:15am. Trial ended 6/26/19. After ~5 hours of deliberations found guilty. Bail is revoked-to be held without bail. Sentenced (8/30/19) to life in state prison.
Jury & Trial information from Day 1-3 (6/21/19 to 6/26/19) & sentenced (8/30/19) & court info from 10/27/20 thru 2/23/21 reference post #56 here:
GUILTY - WI - DonaMae Bourgeois Bayerl, 38, Muskego, 6 May 1979 *Arrest in 2019*
3/4/21: Competency report is sealed. Competency evaluation prepared by Dr. Collins. Review hearing on 3/12/21 & motion on post-conviction relief hearing scheduled for 4/16/21.
3/12/21 Update: Video conference with Judge Brad D. Schimel, Ted Szczupakiewicz for the State & Anthony D. Cotton for defendant, defendant in court, in custody (by zoom from Oshkosh Correctional facility), all by Zoom. Competency evaluation prepared by Dr. Collins & evaluation finds the defendant is competent to proceed. Neither the State of defense contested the findings or requested a 2nd evaluation. Court orders defendant to be produced for next hearing. Motion re post-conviction relief hearing on 4/16/21. 3/25/21: Bill submitted by Behavioral Consultants; reviewed by Judge Brad Schimel on 3/25/21-approved. 4/13/21: Transcript: filed by Court reporter-From motion on post-conviction relief held on 2/5/21.

 

[Niner]

Court record
Date Event Court official Court reporter Amount
04-16-2021 Video conferencing Schimel, Brad D. Dassow, Barbara
04-16-2021 Motion on postconviction relief hearing Schimel, Brad D. Dassow, Barbara

Additional text:
Ted Szczupakiewicz appeared for the State of Wisconsin.
Defendant John H Bayerl in court, in custody (OTP'd from Oshkosh Correctional), with attorney Anthony D Cotton, by zoom.
Victims appeared in court by zoom.
Court to Address: Defense Motion for Postconviction Relief - Requesting a New Trial Due to Ineffectiveness of Trial Counsel - Machner Hearing - Closing Arguments and Oral Ruling.

Attorney Cotton presented a brief closing arguments (relies on the briefing submitted) to the court.
State presented closing arguments.

Court Denies - Defense Motion for Postconviction Relief - Requesting a New Trial Due to Ineffectiveness of Trial Counsel - Machner.
Reasons placed on the record.
Court signed order Denying.

Defendant to be returned to Oshkosh Correctional - FORTHWITH.

link: Wisconsin Circuit Court Access