Docket:
05-24-2019 Motion hearing Eagon, Thomas B. Sosnowski, Cathy
Additional text:
STATES MOTION TO COMPEL DISCOVERY Atty Kryshak indicates he will provide to the State. Andy Jiminez is the dog expert, Shawn Harrington is an attorney but he may not be called. Hired to interpret a series of cell phone records that he could not understand. Atty Jay indicates they have to give notice of that which was due May 10th. There would have to be a short timeline. Atty Kryshak states they just got training records yesterday. Court questions Atty Kryshak re: summary of what he will testify to. Atty Kryshak asks for 2 weeks. Atty Jay that it be done sooner than that. Atty Kryshak will try to get ahold of him. BY THE COURT: Deadline is June 7, 2019 but asks Atty Kryshak to get that done by 6/3. Atty Jay questions the court. Atty Kryshak makes statements with regards to witness list. Court question Atty Kryshak re: Mr. Harrington. Atty Kryshak states he thought he would have information from him by this week. BY THE COURT: Atty Kryshak to provide the addresses. Court questions Atty Jay re: Notice of Intent to Use Videotaped Statements at trial. Atty Kryshak does not object. Court indicates he has watched the videotapes and read the transcript and it did not appear that the importance of telling the truth was impressed upon the children. They were just asked if they knew the difference between the truth and a lie. Nowhere in the transcript or video did he see where they were told that expressed statements were punishable and no oath or affirmation of them either. Atty Jay makes arguments, given the age of the children being interviewed by 2 police officers and the FBI, the fact that they went thru the difference and they knew the situation with which they were talking, that they understood. Court states that goes way beyond the requirements of the statutes under 908.08(2). Understands under context of helping with the search of their mother but requirements of the statutes were not met. Atty Kryshak states he has reviewed the videos and transcripts and has no objections. BY THE COURT: State is allowed to present those interviews. DEFENSE MOTION IN LIMINE (MOSINEE TRANSFER SITE/CRANBERRY CREEK LANDFILL) Atty Kryshak makes arguments in support of the motion. Atty Jay makes arguments in opposition of the motion. State intends to play the video. Jury can disregard if they want to. As to the search, highly relevant to the investigation into this matter. Atty Kryshak makes additional arguments. The video is speculation. Court questions Atty Kryshak. BY THE COURT: Court agrees this goes more to weight than admissibility. Whether it will be helpful for the state is for the jury to find. Court finds it is relevant and is not going to prohibit the state from presenting the evidence it has. Motion is denied. DEFENSE MOTION IN LIMINE (MENARDS BAGS) Atty Kryshak does not make statements. Atty Jay makes arguments in opposition to the motion. Goes directly to the elements of the crime. Court makes statements. Atty Jay makes additional arguments. BY THE COURT: Court will allow the evidence and denies the motion in limine regarding the garbage bags. DEFENSE MOTION IN LIMINE (WASTE MANAGEMENT) Atty Kryshak makes arguments in support of the motion. Court questions Atty Kryshak. Atty Kryshak does not see how this is relevant. Atty Jay makes statements. There was a witness that remembers this and he will testify. Court questions Atty Jay. Atty Jay responds. The witness will be the best to testify as to the weight of the garbage. She will get more information and speak with the witness. BY THE COURT: Court is not going to grant the motion. It is a matter of weight and not credibility. It is relevant to potential disposition of a body if one exists. Court will allow the state to present if proper foundation is laid. Court questions the parties with regards to witness list of 94 witnesses for the state and 28 witnesses for the defense. Matter is set for trial starting June 24 and has to be completed by July 3. Questions if they are able to complete the trial in this time frame given the number of witnesses. Atty Jay states a number of the witnesses are impeachment only or small links in chain of custody only. Believes they can do that within 8 days. Court asks if that will include all aspects including voir dire, jury selection, opening statements and jury deliberation. Atty Kryshak makes statements. Suspects his case would take a day or day and a half. Doesnt know who the state is going to call. Atty Jay would only provide a complete guess as to how long the state will need at this time. Court indicates July 4 is a holiday. Court is out the week after. If the trial cannot be done in the time allotted, the court will postpone the trial to allow for more time. Atty Kryshak is worried about ending up on July 3. Atty Jay doesnt like the message that the jury would have to get done within a timeframe . Would like to try it on June 24 but also acknowledges that. Court and all counsel discuss possible trial dates. BY THE COURT: In light of the number of witness that are anticipated, the jury trial will be schedule to start on October 14th for 2 weeks. Atty Kryshak asks to have until July 1st to have his discovery to the State. Atty Jay agrees. BY THE COURT: Discovery to be done by July 1, 2019. Atty Jay asks to set a status conference a couple weeks before to handle any last minute issues. Atty Kryshak agrees. BY THE COURT:
Status Conference set for 09/17/19 @ 3:30 p.m. Atty Kryshak asks how many alternates. Court anticipates 2 alternates. That will give each party 7 strikes. We will start with an initial panel of 28. Atty Kryshak asks if the Clerk will inform the jurors that it is a two week trial. Court questions the parties re: sending a jury questionnaire. Atty Jay is confident a jury can be chosen in person. Atty Kryshak indicates there are not that many witness issues for knowing someone here. BY THE COURT: Court will limit voir dire for the parties to 20 to 30 minutes each. Court will go over the witnesses during his voir dire. Atty Jay makes statements. Atty Kryshak makes statements. BY THE COURT: Court will try to limit with the understanding it depends on the responses to the general questions. Court does not want hypothetical questions or open ended questions. They should be yes or no questions. Court addresses the following issues: Media has expressed interest and intends to have a media coordinator involved. They did request a microphone be put on the witness stand and podium. Court is inclined to allow that but only one and not one for each media. They ask for one at counsel table. Atty Jay and Atty Kryshak agree no microphones should be placed at council table. Court advises parties to be careful with the extra cords. There will be one camera and will set up a media room if necessary. Court is prohibiting media from filming jurors, voir dire and children testifying and the issue becomes do they record the voices but not show their faces. Atty Jay asks that the childrens testimony not be filmed. Atty Kryshak agrees. BY THE COURT: Court will do that in this case. Court prohibits filming of family members of deceased and the gallery unless they have prior consent. Atty Kryshak asks that witnesses not use the word deceased but use the word alleged. BY THE COURT: Court approves. Court will prohibit anyone in the courtroom, the media, or the general public to have pagers, cell phones, or other electronic devices on while in the courtroom. Court is concerned that the family members have appropriate seating. The court will need to know how many seats will be needed. Atty Kryshak indicates there may not be any family members that arent witnesses. BY THE COURT: Court will not allow placards, signs or similar items in the courtroom. Not allowed to wear clothing or color expressing sympathy or support for either party. Persons wearing such clothing including pins, armbands, emblems or similar attire will not be allowed in the courtroom. Court will try to set up an area for media and generally discourages interviews during the course of the trial, but cannot prohibit. Will not allow it in the area of the courtroom or in the hallway. Attorneys do not object. Court requires areas that are immediately adjacent to the courtroom will be clear, no congregating. Court has drafted preliminary jury instructions and jury instructions and provides those to all counsel. Atty Molepske requests that the sheriff and court security provide the plans for transfer of the defendant. Court indicates the procedure used in the past. Court and parties review the preliminary instructions and are asked to be prepared to discuss those at the status conference. Atty Kryshak questions reasonable doubt and asks for the alternate phrase unless the supreme court comes down with something different. Atty Jay does not object to the alternate phrase being used. Court questions Atty Jay with regards to Jury Instruction request for #460 Court generally uses short form instruction #465. No objection by either parties. Atty Jay to draft an order consistent with her motions. Atty Kryshak to draft an order consistent with his motions.
05-24-2019 Motion hearing Eagon, Thomas B. Sosnowski, Cathy
Additional text:
08:31 AM Defendant Jason P Sypher in court with Attorney (Atty) Gary J. Kryshak. Defendant Jason P Sypher in custody. Prosecuting Assistant Attorney General (ADA) Annie Jay appeared for the State of Wisconsin. Atty Kryshak asks that the right hand of the defendant be released so that he may write. Court questions Atty Kryshak. Handcuffs are on both hands and chained to the belt. Security officer indicates he can loosen the belt. Court approves and will see how that works. Atty Jay asks to first hear defense's motion regarding the Cadaver Dog since there is a witness prepared to testify. DEFENSE MOTION TO SUPPRESS (CADAVER DOGS) 8:35 a.m. Officer J. Baumgart is called and sworn. Direct exam by Atty Jay. Exhibit #1 is marked on behalf of the plaintiff and referred to during testimony. Atty Jay moves for the admission of Exhibit #1. No objection by Atty Kryshak. BY THE COURT: Exhibit #1 is admitted. Exhibit #2 is marked on behalf of the plaintiff and referred to during testimony. Atty Jay offers Exhibit #2. No objection by Atty Kryshak. BY THE COURT: Exhibit #2 is admitted. Exhibit #3 is marked on behalf of the plaintiff and referred to during testimony. Atty Jay moves for the admission of Exhibit #3. No objection by Atty Kryshak for the purposes of this hearing. BY THE COURT: Exhibit #3 is admitted. 9:09 a.m. Cross exam by Atty Kryshak. 9:14 a.m. Re-direct exam by Atty Jay. 9:15 a.m. Re-cross exam by Atty Kryshak. 9:16 a.m. Court questions the witness. 9:19 a.m. 2nd Re-direct exam by Atty Jay. 9:20 a.m. 2nd Re-cross exam by Atty Kryshak. 9:21 a.m. Witness steps down. Atty Jay makes arguments in opposition to the motion. Court questions Atty Jay with regards to what this witness will testify to at trial. Atty Jay responds. Atty Kryshak makes arguments in support of the motion. Atty Jay makes rebuttal arguments to the Court. BY THE COURT: Court has heard the testimony of Officer Baumgart. The cadaver dog has been trained to detect only human decomposition. It is relevant that the dog hit on human composition in the residence. Question today is whether the dog and his handler are qualified to give testimony with regard to the cadaver search. Voluntarily joined in a non-police association organization called K9 Search Solutions. In 2014 he trained the cadaver dog, Crosby, under the supervision of the owner of K9 Search Solutions. The dog, Crosby, has been trained only to detect or hit on decomposing human remains. He has gone thru a certification process with an organization that is known as NNDDDA and has been certified as a cadaver dog. Crosby has passed all certification attempts he has made and been used in the field on 15 occasions with 1 successful recovery in an arson case. Officer has kept training records that have been entered as Exhibit #1. Crosby has a 97% accuracy rate with regards to accurately hitting on a source. Of the 3%, they have included false positive or not finding or hitting on a source. This indicates to the court the dog is reliable on his skills with regard to sensing human remains. Given that the testing occurs at approximately 8 hours a month with blind exercises and exercises where the handler is aware where the source is located. Information in this case indicates the cadaver sniff was done approximately 18 days after the last known sighting of the alleged victim in this matter. Court, while not familiar with the principles and methods, there is an organization that has been set up and the training that has been done indicates a high accuracy rate. Court would be more concerned if there was a 100% accuracy rate. Court finds the dogs training was done in compliance with reliable principles and methods of cadaver dog training and those methods and principles were followed in this case. Court will allow testimony of the cadaver dog search in this matter. STATE'S OTHER ACTS MOTION AND DEFENSE MOTION IN LIMINE (J.N.) Atty Jay makes arguments in support of her motion. They will not be seeking to get into all the details with regard to this witness but the statement of J.N. and the specific incident which she states they are looking to go into. Court questions Atty Jay regarding how the statement specifically relates to this case. Atty Jay responds. Statement goes directly to his intent and knowledge with regards to the disposal of the body and corroboration of statements made by the victim. Atty Kryshak makes arguments in opposition to the State's motion. Substantially outweighs the prejudice and would be a trial within a trial. Atty Jay makes additional arguments. Instruction #275 would be a cautionary instruction. Jury would be instructed as to other acts evidence for use only as it pertains to intent and motive and corroborate of victim statements and not to use it for any other purpose. Court questions Atty Jay with regards to defendant's statements re: moving back to Wisconsin. Atty Jay responds that it is context to the statement and could limit as the court sculpted. Atty Kryshak makes additional arguments to the Court. BY THE COURT: Court allows evidence under the Sullivan Analysis and finds it is relevant for the purpose of showing motive, intent and preparation or plan. The greater latitude rule applies, this is a domestic case and domestic violence usually occurs in secret with no other witnesses. Prosecutors have trouble obtaining admissible evidence according to the State vs. Hunt case. Court has some concerns with regards to the age of the revelations made by Witness 1, however, is a relationship that occurred in context of relationship with K.S. Court does find that evidence relevant. With regard to prejudicial impact, court cannot find prejudicial impact exceeds probative value and that a cautionary instruction is appropriate to be given at the time the evidence is presented. Parties are to draft proposed cautionary instruction for the court to give to alleviate the concerns. Court therefore does admit or grant the states request for other acts evidence. Atty Kryshak indicates there may be another act in her testimony that there will be witnesses on but he is not prepared for that. STATE'S MOTIONS IN LIMINE Atty Jay makes statements. Atty Kryshak has no objections to the States Motions in Limine. Asks for a hearing that Jason testify to 2 convictions with the earliest one be 10 years ago on the date of the trail. Does not have anything to do with the credibility. Atty Jay agrees they are dated. Leaves it up the court. BY THE COURT: Dealing with OWI 2nd offense from 1999 and one from 2009 that is a 3rd offense. Those offenses reflect disregard for the safety of others. And they reflect a person willing to get behind the wheel a number of times knowing they were drinking and having past consequences for that. Court finds the answer, if the question is asked if he's been convicted of a crime, the answer is 2. Although dated they are continued and the last one in 2009. Court finds the question is relevant. Atty Jay addresses #3 in States Motions in Limine. Running priors right now. Intends to send all of those next week. Atty Kryshak will run everything likewise and should not be a problem. Joins the State as to #1 that all prosecution witnesses be sequestered other than Detective Tracy. Atty Jay agrees. BY THE COURT: Limine applies to both parties. Court questions Atty Jay re: States Notice of Intent to use Defense Statements and if there is no issue as to Miranda Goodchild. Atty Kryshak states any statement they use be subject to the rule of completeness. BY THE COURT: Court agrees. Atty Jay makes statements re: Defense Motion for Limine (Mark Roble). Statements made around a lie detector and agrees they are inadmissible under state law. State will not include the statements made by the polygraph. BY THE COURT: Court grants defense motion with regard to statements of Mark Robel. Jury trial scheduled for October 14, 2019 at 08:30 am.
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