Scanned Court/Appeals.vmb

the order of the circuit court per remittitur dated 1/23/08 on appeal #2004AP001963CR. mc

Per the order of the Supreme Court dated 1/22/08 the petition for review is denied; however Justice Roggensack is dissenting to the denial of the petition for review on appeal #2004AP1963CR. mc

Certification of transcript of proceedings commencing OCTOBER 11, 2007 - HEARING received and filed. (Pages 10) Copy of transcript forwarded to: ADA MARK WILLIAMS & ATTY. MARY WOEHRER./CM

Filed, signed Findings Of Fact. /djt

Bembenek, Lawrencia Ann

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy clerk: djt. Hearing proceed on proposed Orders which were submitted by both parties. The court ordered the final order will state: The defendant is entitled to DNA testing in the future if she meets the criteria of Wisconsin Statutes section 974.07(2). The state will submit a written order.

Filed, Correspondence from Mary Woehrer objecting to the Attorney Williams' proposed Order on Remand (with proposed Order on Remand which is submitted under the five-day rule). /djt

Filed, Correspondence from Mark S. Williams (with proposed Order On Remand submitted under the five-day rule). /djt

Bembenek, Lawrencia Ann

Attorney Mary Lou Woehrer in court. Mark S Williams and Norman Gahn appeared for the State of Wisconsin. Deputy clerk: djt. The court finds the defendant is entitled to obtain DNA testing at her own expense. The state will submit a written order under the five-day rule.

Case scheduled for hearing on October 11, 2007 at 10:30 a.m. in Branch 30. /djt

Judge Jeffrey Conen's copy of order dated September 10, 2007 from the Supreme Court received here in office Rm117-SB and forwarded to Judge. Remittitur remains with the Supreme Court. Appeal number 2004AP1963CR. md

being AMENDED dated September 10, 2007 restates that IT IS ORDERED that the petition for review is held in abeyance and the cause is remanded to the circuit court with directions to permit the parties to address whether defendant-appellant-petitioner is entitled to obtain DNA testing at her own expense. Appeal number 2004AP1963CR. md

dated July 17, 2007 - IT IS ORDERED that the petition for review is held in abeyance and the cause is remanded to the circuit court with directions to permit the parties to address whether defendant-appellant-petitioner is entitled to obtain DNA testing at her own expense. Appeal number 2004AP1963CR. md

Petition for Review by the Supreme Court has been filed on Appeal #: 2004AP001963 CR by Attorney: Mary L. Woehrer per notice dated: 10-3-06. jd

of the Court of Appeals affirming an order of the circuit court for Milwaukee County on Appeal # 2004AP001963-CR, dated 9-6-06. jd

per order dated May 6, 2006 (COA notified of date error amended order to follow with date of May 6, 2005) from the Court of Appeals the State request that briefing in this appeal be stayed pending release of the Spreme Court decision in State v. Armstrong, Supra, is granted. Appeal number 2004AP001963-CR. md

Original Record transmitted to the Court of Appeals by mail 3/23/05. Last Page No. 322 Appeal No. 04-1963. mv

OFF THE RECORD. Received and filed: correspondence from Woehrer Law Office dated 3-22-2005. gp. cc: appeals

Exhibits entered at the hearings of 04-07-2004 and 05-06-2004 are removed from inventory and forwarded to the Appeals Section to supplement the appellate record. laf

Received and filed: copy of correspondence from the State dated 3-1-2005 TO the Court of Appeals. gp. cc: tickler

Attorney Mary Lou Woehrer in court. Robert D Donohoo appeared for the State of Wisconsin. Also present in court: Gregory Weber, Assistant Attorney General, and Joseph Owens, Attorney for defense. . Received and filed at the hour of 10:50 a.m. correspondence from Joseph Owens dated 2-11-2005. Also, received and filed at the call of the case on the record correspondence from Woehrer Law Office dated 2-11-2005. . Parties in chambers, off the record. On the record, Court determines that parties present has come to a STIPULATED resolution as to State's requests to have all exhibits from prior hearings returned to Milwaukee's custody for appropriate, adequate and secure storage. Parties to provide an order for signature of the stipulations placed on the record. . No further hearing warranted. gp.

Per order of the Court of Appeals dated February 8, 2005, deadline for circuit court to conclude fact-finding and to retransmit the record is extended through February 28, 2005. Appeal No. 04-1963. bm

Received and filed: COPY of correspondence dated 2-1-2005 by Robert Donohoo, Chief Deputy District Attorney. gp. cc: tickler

Received and filed: correspondence from State dated 2-2-2005 requesting a hearing be scheduled upon receipt of a telephone call from defense counsel. gp. cc: tickler

Per order of the Court of Appeals dated January 28, 2005, deadline for retransmitting record to Court of Appeals is extended through 18, 2005. Appeal No. 04-1963. bm

Received and filed: correspondence dated 1-25-2005 by the State advising of extension of time for circuit court to perform fact-findings, and additional record development pursuant to the remand contained in the November 3, 2004 order. gp. cc: tickler

Per order of the Court of Appeals dated December 9, 2004, deadline to retransmit the record and any other materials specified by November 3, 2004 order is extended through January 21, 2005. Appeal No. 04-1963. bm

Exhibits received and inventoried this date. 240 rrm for laf

Received and filed: Copy of correspondence from ADA - Donohoo to Court of Appeals dated 12-3-2004. gp. Court

IT IS ORDERED that Bembenek's petition for a supervisory writ in 04-2422-W is denied ex parte pursuant to WIS. STAT. RULE 809.51(2). IT IS FURTHER ORDERED that Bembenek's request for "emergency injunctive relief" is construed as a request for relief pending appeal filed under WIS. STAT. RULE 809.12. IT IS FURTHER ORDERED that the stay imposed by the supreme court shall be continued until further order of this court. IT IS FURTHER ORDERED that the questions relating to the appropriate repository for the evidence in this matter pending disposition of this appeal are remanded to the circuit court for fact-finding and additional record development. The clerk of circuit court shall transmit the appellate record and all filings and transcripts of proceedings conducted pursuant ot this remand to the clerk of this court within 30 days of the date of this order dated November 3, 2004. cc

Decision and Order signed and filed by the Court. . IT IS ORDERED that the defendant's request for Substitution of Judge is DENIED. Dated this 29th day of November, 2004. gp. cc: file, State: R. Donohoo, J. Owens

Defendant's Brief in Support of Request for Substitution of Judge received and filed. lcb

Received and filed: correspondence from State dated 11-18-2004. gp. cc: judge

Received and filed: correspondence by the State requesting that Court deny defense Request for Substitution of Judge dated 11-16-2004. gp. cc: judge

Received and filed: Request for Substitution of Judge dated 11-12-2004. gp. cc: judge

IT IS ORDERED that Bembenek's petition for a supervisory writ is denied ex parte pursuant to Wis. STATS. RULE 809.51(2). IT IS FURTHER ORDERED that Bembenek's request for emergency injective relief is construed as a request of relief pending appeal filed under Wis. STAT. RULE 809.12. IT IS FURTHER ORDERED that the stay imposed by the supreme court shall be continued until further order of this court. IT IS FURTHER ORDERED that questions relating to the appropriate repository for the evidence in the matter pending disposition of this appeal are remanded to the circuit court of fact-finding and additional record development. The clerk of this circuit court shall transmit the appellate record and all filings and transcripts of proceedings conducted pursuant ot this remand to the clerk of this court within 30 days of the date of this order dated November 3, 2004. cc

Original Transcript commencing September 2, 2004, Motion Hearing received and filed. cc (Pages)13

INVOICE #X246619 FORWARDED TO ACCOUNTS PAYABLE DEPARTMENT, IN THE AMOUNT OF $69.00 to Park East Hotel for lodging of witness Diane H. on 05-06-04. COPY IN FILE.pg

Received and Filed: (1) PETITION FOR SUPERVISORY WRIT IN THE SUPREME COURT OF WISCONSIN. (2) MEMORANDUM OF LAW IN SUPPORT OF THE PETITION FOR SUPERVISORY WRIT. (3) APPENDIX OF MATERIALS IN SUPPORT OF THE PETITION FOR SUPERVISORY WRIT. mam

Original Transcript commencing December 17, 2003 Hearing received and filed. cc (Pages)31

Original Transcript commencing August 28, 2003 Hearing received and filed. cc (Pages)19

Original Transcript commencing January 17, 2003, Status conference - excerpt received and filed. cc (Pages) 12

Original Transcript commencing October 14, 2002 Status conference received and filed. cc (Pages)10

Original Transcript commencing February 14, 2003 Status Conference - excerpt received and filed. cc (Pages)18

Original Transcript commencing January 17, 2003 Status conference received and filed. cc (Pages)83

Original Transcript commencing October 14, 2002 Status Conference received and filed. cc (Pages)54

Original Transcript commencing June 30, 2003 Status Conference received and filed. cc (Pages)5

Certification of transcript of proceedings commencing JUNE 30, 2003 - STATUS CONFERENCE received and filed. (Pages) Copy of transcript forwarded to: WOEHRER, MARY L. - 8145 W. WISCONSIN AVE. WAUWATOSA, WI. 53213./CM

Certification of transcript of proceedings commencing 10-28-02, STATUS CONFERENCE received and filed. (Pages 3). Copy of transcript forwarded to ATTY MARY WOEHRER.vmb

Certification of transcript of proceedings commencing 12-18-02, STATUS CONFERENCE received and filed. (Pages 13). Copy of transcript forwarded to ATTY MARY L. WOEHRER.vmb

Attorney Mary Lou Woehrer, and Attorney Joseph F Owens in court on behalf of the defendant. Mark S Williams appeared for the State of Wisconsin. GP. This case is currently on appeals. Court in receipt state's request for the return of all evidence that's currently in the possession of Orchid Cellmark Facility. Court heard parties arguments on the record. COURT ORDERS: That all evidence now in the possession of Orchid Cellmark be returned to the possession of Deputy Inspector Raymond Sucik forthwith. That Deputy Inspector Raymond Sucik will keep this evidence under his control until the appellate process on this case terminates. State's motion GRANTED. Order signed by the court. . No further matters heard.

Original Transcript commencing 06-15-04 DECISION received and filed. (5 Pages)slh

Original Transcript commencing 04-07-04 HEARING received and filed. (45 Pages)slh

Original Transcript commencing 03-01-04 PRETRIAL CONFERENCE received and filed. (39 Pages)slh

Original Transcript commencing 12-05-03 STATUS CONFERENCE received and filed. (44 Pages)slh

Original Transcript commencing 10-24-03 STATUS CONFERENCE received and filed. (10 Pages)slh

Original Transcript commencing 05-05-03 STATUS CONFERENCE received and filed. (6 Pages)slh

Original Transcript commencing 10-21-02 HEARING received and filed. (21 Pages)slh

Certification of transcript of proceedings commencing 05-03-04 PRETRIAL MOTIONS received and filed. (23 Pages) Copy of transcript forwarded to Public Defender Appointment Michael Kaiser.slh

Signed and filed ORDER, for payment of expenses to Park East Hotel for witness.slh no file in court.

Defense phoned the court to rescheduled the next court date to 09-02-04 at 1:30.slh

Per the court case set for a hearing regarding evidence.slh no file in court.

Copy of Notice of Appeal and a copy of the docket entries transmitted to the Court of Appeals. cc

filed

Received and filed letter from Mark S. Williams dated 06-22-04, order attached. slh

Received and filed OBJECTION TO STATE'S PROPOSED ORDER.slh

Received and filed NOTICE OF MOTION AND MOTION TO RECUSE JUDGE.slh

Signed and filed DECISION AND FINAL ORDER.

Attorney Mary Lou Woehrer and Attorney Joseph Owens in court. Norman A Gahn and Mark S. Williams appeared for the State of Wisconsin. Court responds to ethical issued presented by defense counsel. Defense counsel's motion to disqualify Milwaukee County District Attorney's Office is DENIED, by the court. The Court also DENIES ALL OTHER MOTIONS presented by defense. slh

Received and filed letter from Attorney Mary L. Woehrer.slh

Received and filed DEFENDANT'S REPLY BRIEF IN SUPPORT OF DEFENDANT'S MOTION FOR ADDITIONAL DNA TESTING, DISQUALIFICATION OF THE MILWAUKEE COUNTY DISTRICT ATTORNEY'S OFFICE, AND REVERSAL OF CONVICTION IN THE INTEREST OF JUSTICE.slh

Received and filed notice of the withdrawal of motion for the state's payment of Orchid Cellmark's DNA testing.slh

Received and filed FORMAL notification to THE COURT OF THE WITHDRAWAL OF MS. BEMBENEK'S MOTION FOR THE STATE'S PAYMENT OF ORCHID CELLMARK'S DNA TESTING.slh

Received and filed Wisconsin Court of Appeals opinion and order: request for a stay of further circuit court proceedings is DENIED.slh

Court of Appeals order denying Bembenek's request for supervisory relief, ex parte. Bembenek's renewed request for a stay of further circuit court proceedings is denied, dated 6-7-04. (Writ # 04-1230-W) jd

Received and filed

Certification of transcript of proceedings commencing05-06-04 POSTCONVICTION DNA HEARING received and filed. (131 Pages) Copy of transcript forwarded to Attorney Mary L. Woehrer.slh

Received and filed STATE'S BRIEF IN OPPOSITION TO MOTION TO DISQUALIFY.slh

Copy of transcript of proceedings commencing 05-06-04 POST CONVICTION DNA HEARING filed on 05-25-04. Original transcript filed in case 81cf000775. (100 Pages) Transcript copy provided to attorney Mary Woehrer, private counsel.slh

Copy of transcript of proceedings commencing 05-07-04 POSTCONVICTION DNA HEARING filed on 05-25-04. Original transcript filed in case 81CF000775. (58 Pages) Copy provided to Mary Woehrer, attorney at law, private counsel.slh

Received and filed AFFIDAVIT. slh

Signed and filed ORDER for payment of expenses.slh

Received and filed MOTION TO RENEW PETITION FOR TEMPORARY STAY PENDING RESOLUTION OF PETITION FOR SUPERVISORY RELIEF. no file in court.slh

Received and filed ATTORNEY GENERAL PEGGY A. LAUTENSCHLAGER'S NOTICE OF MOTION AND MOTION FOR A PROTECTIVE ORDER REGARDING THE SUBPOENA AND CERTIFICATE OF APPEARANCE DIRECTED TO HER IN THE ABOVE CAPTIONED MATTER.slh

Attorney Mary Lou Woehrer and attorney Joseph Owens in court. Norman A Gahn and Mark Williams appeared for the State of Wisconsin. Hearing continued. Defendant's appearance was waived. Final Arguments. Exhibits 1,1b,2,3,4,4b,5,6,7,8,9,10,11,12 offered and received into evidence. Closing arguments. Defense request for district attorney files was DENIED by the court. Court ordered the state to respond to disqualification motion by 05-28-04. The court ordered case adjourned to 06-15-04 at 30 for decision.slh

Received and filed ORDER, DENYING request for stay of further circuit court proceedings pending disposition.slh

Received and filed notice of A PETITION FOR SUPERVISORY WRIT.slh

Hearing continues. Corey Finkelmeyer Assistant Attorney General for the state of Wisconsin appeared in court via teleconference regarding motion to serve subpoena. Court quashed motion regarding subpoena. Defense counsel requests documentation from the State for budget resources to pay for DNA tests. Witness testimony: William Watson. Witness examined and cross examined as to testimony. Items 7 through 10 were marked as exhibits. Witness Sworn for the State: Dr Cecelia Crouse Palm Beach Co. Sheriff Dept. via Video conference. Witness examined and cross examined as to testimony. William Watson was recalled for testimony. Witness sworn for the State: Diane Hanson. Witness examined and cross examined as to testimony. Items 12, 6, 11 marked as exhibits. Court to consider affidavits filed by defense. Court ordered case adjourned to 05-07-04 at 8:30 to continue hearing.slh

Attorney Mary Lou Woehrer and attorney Joseph F. Owens in court. Norman A Gahn appeared for the State of Wisconsin. HEARING REGARDING DNA TESTING. Defendant's appearance was waived. Sworn for the Defense: William Watson Exhibit #1b and 4b. Motion filed by the defense NOTICE OF MOTION AND MOTION TO DISQUALIFY MILWAUKEE COUNTY DISTRICT ATTORNEY'S OFFICE Discussion off the record. The Court will take motion under advisement and a briefing schedule will be held at a later date. Witness was cross examined as to his testimony. Court ordered the case adjourned for lunch.slh

Received and filed ATTORNEY GENERAL PEGGY A. LAUTENSCHLAGER'S NOTICE OF MOTION AND MoTION FOR A PROTECTIVE ORDER REGARDING THE SUBPOENA AND CERTIFICATE OF APPEARNACE DIRECTED TO HER IN THE ABOVE CAPTIONED MATTER. slh

Received and filed letter from Assistant Attorney General Corey F. Finkelmeyer.

Received and filed NOTICE OF MOTION AND MOTION TO DISQUALIFY MILWAUKEE COUNTY DISTRICT ATTORNEY'S OFFICE.slh

Received and filed from Wisconsin Court of Appeals, DENYING THE REQUEST FOR A STAY OF FURTHER CIRCUIT COURT PROCEEDINGS. slh

Received and filed MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR SUPERVISORY RELIEF-INTRODUCTION.slh

Received and filed PETITIONER'S APPENDIX ON PETITION FOR SUPERVISORY WRIT.slh no file in court.

Received and filed PETITION FOR SUPERVISORY WRIT; PETITION FOR STAY AND PETITIOIN TO BYPASS TO SUPREME COURT.slh no file in court.

Letter from Attorney Mary Woehrer and Attorney Joseph Owens received and filed. rn

Received and filed letter from norman Gahn dated 04-22-04.slh

Court Reporter Lisa Kwasigroch. Original Transcript of excerpt of hearing commencing 4-7-04 received and filed. (10 Pages) Deputy Court Clerk skr.

Received and filed ORIGINAL TRANSCRIPTS from EXCERPT OF HEARING held 04-07-04; 10 pages.slh

Attorney Mary Lou Woehrer and Attorney Joseph Owens in court. Mark S Williams and Norman Ganhn appeared for the State of Wisconsin. Also in court:Gretchen Degrute, Deputy Chief Brian O'Keefe, MPD; Officer Jeff Thompson; Officer Melony Swank. Discussion regarding open records requests. First Open records request to be prepared by 04-12-04. Witness sworn for defense: William J. Watson, Forensic Lab Director, via teleconference. Court found William J. Watson to be an expert witness. Due to technical difficulty, Mr. Watson's testimony will be postponed. Sworn as to testimony: Lawrencia Bembenek, via teleconference. Witness examined and cross examined as to her testimony. Discussions continued. Court ordered case adjourned to continue hearing on 05-06-04 at 8:30. slh Discussions regarding open records requests.

Received and filed letter from Attorney Mary L. Woehrer and Joseph F. Owens.slh

Received and filed letter from Mary L. Woehrer.

Received and filed letters from Woehrer and Ira Robins.slh

Attorney Mary Lou Woehrer and Joseph F. Owens in court. Mark S Williams and Norman Ganhn appeared for the State of Wisconsin. Defense requets DNA charges paid from State fund. DNA expenses need to justified. Defense requests records from the State. The Court ordered the state to provide requested information within 2 weeks of the written request. The Court ordered the case adjourned for an Indigency hearing and Evidenciary hearing on 04-07-04 at 1:30pm.

Received and filed DEFENDANT'S REPLY BRIEF ON BURDEN OF PROOF.slh

Received and filed NOTICE OF MOTION AND MOTION TO STRIKE THE STATE'S WITNESSES FOR FAILURE TO FOLLOW THIS COURT'S ORDER.slh

Received and filed letter from attorney Mary L. Woehrer and Joseph F. Owens.

Received and filed letter from Attorney Mary L. Woehrer.slh

Received and filed letter from ADA Mark S. Williams dated 02-18-04. slh

Per Court, 03-01-04 court date scheduled. slh

Received and filed Brief in support of defendant's motion for additional DNA testing, production of specimens from suspects for DNA testing and DNA comparison, and the state's payment of DNA testing. slh

Received and filed notice of motion and motion for additional DNA testing, production of specimens from suspects for DNA testing and DNA comparison and the state's payment of DNA testing. slh

Received and filed State's response to defendant's argument as to burden of proof and response to Defense proposed witness list and State's witness list. slh

Received and filed DEFENDANT'S MEMORANDUM ON THE BURDEN OF PROOF.slh

FILE NOT IN COURT. Received and filed Defendant's Memorandum on the Burden of Proof and Defendant's Pretrial Report.slh

Received and filed letter dated 01-20-04.slh

Received and filed memo dated 01-20-04.slh

Certification of transcript of proceedings commencing DECEMBER 9, 2003 STATUS CONFERENCE received and filed JANUARY 16, 2004 (Pages-23). Copy of transcript forwarded to MICHAEL HENSINGER, bl

Order (regarding transfer, inspection and receipt of evidence specified in said order) signed and filed. rn

Letter dated 1/13/04 from Attorney Mary L. Woehrer received and filed. rn

Letter dated 1/14/04 from ADA Mark S. Williams received and filed. rn

Letter with enclosed proposed order received and filed. rn

Letter dated 1/09/04 from ADA Mark S. Williams received and filed. rn

Letter dated 1/05/04 from ADA Mark S. Williams received and filed. rn

From Atty. Woehrer to ADA Williams proposed order received and filed. cg

Attorney Joseph F Owens in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Hearing on motion to Quash subpoena for deposition of Monte L. and Michael C. heard. Court finds no basis for depositions at this time. Court grants motion to Quash. Order filed and signed.

State's Reply to Defendant's Request for Deposition received and filed. rn

From Atty. Woehrer in response to ADA Williams letter dated December 9, 2003 received and filed. cg

From ADA Mark Williams received and filed. cg

Outlining questions that parties are limited to at the hearing filed and signed. cg

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Court ordered case proceed to hearing. Court sets forth specific questions that will be addressed at the Hearing. Court will draft a specific order outlining these questions. Court ordered parties prepare a pretrial report listing the following: witnesses (lay and expert); experts CV to be submitted with order; summary of expert testimony; estimination of time experts are expected to testify. Defendant report due by January 30, 2004. States report due by February 23, 2004. Case calendared for a Final Pretrial at which time parties to discuss the time frame of hearing. Case calendared for a Hearing on May 5, 2004 and May 6, 2004. Court informes all parties that this hearing will not be adjourned under any circumstances. Court ordered the sealed DNA report become available to the media. Order submitted to the Clerk of Courts for distribution.

And Affidavit received and filed. cg

Various motions heard, argued and decided on the record. Case to remain on the calendar for 12-09-03. cg

From Atty. Woehrer received and filed. cg

Request to dismiss petition of deendant without hearing filed and signed. cg

Defendant Lawrencia Ann Bembenek in court with attorney Mary Lou Woehrer. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held off the record in chambers. In open Court and on the record, Court ordered all parties involved in this case NOT to discuss issues with the media. Certain issues need to be worked out between parties. A status conference will be held in which the parties will inform the Court the amount of time it will take to conduct this hearing, along with the perimeters of the hearing. Copies of the results received from Orchid Cellmark to be given to State and Defense. Original TO BE SEALED AND NOT REVEALED TO THE MEDIA. Case adjourned for Status in Branch 30. Status conference scheduled for 12-09-2003 at 08:30 am.

Defendant's response to the State's reply bried fand Motion to strike the reply brief received and filed. cg

From State received and filed. cg

Renewed dicovery and inspection requests received and filed. cg

From defense to States response received and filed. cg

Received and filed by the State. cg

From State opposing the wording in the order which defendant has submitted to the Court received and filed. cg

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Hearing to release preliminary report proceeded. Court reads into the record the results. Copies of the test results to be made available to all parties by late this morning. Further discovery motions heard, decided and placed on the record. Decision date of October 24, 2003 to be converted to a Status conference for reasons placed on the record. Status conference scheduled for 10-24-2003 at 08:30 am.

Defense response to State's brief received and filed. cg

Motion for unmfettered access to Court appointed DNA expert; Motion for discovery; Notice of Motion and Motion to Dismiss received and filed by the State. cg

Parties informed that preliminary DNA test results are in. Case calendared. cg

Filed this date, Motion to Vacate the Judgment of Conviction, enter A Judgment of Acquittal and for Sanctions Against the State, Exhibit List for Motion To Vacate and Report on the Forensic Re-Examination of State of Wisconsin v. Bembenek. laf

Certification of transcript of proceedings commencing 2-14-03, EXCERPT; received and filed. (Pages) 4/ JMD Copy of transcript forwarded to ATTY MARY WAHRER

Certification of transcript of proceedings commencing 1-17-03, EXCERPT; received and filed. (Pages) 12 / JMD Copy of transcript forwarded to ATTY MARY WAHRER.

Motion hearing scheduled for 10-24-2003 at 08:30 am.

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Discussions held off the record in Chambers. On the record in open Court, the following Briefing Schedule was set up and agreed upon by all parties involved. Defense's Brief is due on 08-15-2003. The State's Response to Defense's Brief is due on 09-22-2003. Court ordered case adjourned for Motion Hearing and Preliminary Decision in Branch 30. The Court indicates that he will keep this case on his calendar, and it will rotate with him when the branch rotation takes place August 4, 2003. jlm

Correspondence from Mark Williams to Mary Woehrer regarding the transcripts of Mr. Lutz's testimony received and filed. jlm

From Atty. Mary Woehrer received and filed. cg

ballistics test results received and filed. cg

Affidavit of Ronnie H. Freels.

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held off the record in chambers. Each side has chosen a firearm and tool expert. Testing of weapons will be conducted within 45 dasys. DNA tests results to be submitted to this Court for distribution. Court ordered case adjourned for status conference in Branch 30. Status conference scheduled for 06-30-2003 at 08:30 am.

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held off the record in chambers. Testing of materials progressing. Case adjourned for Status in Branch 30. Status conference scheduled for 05-05-2003 at 08:30 am.

From ADA Mark Williams received and filed. cg

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held in chambers off the record. A stipulation will be provided to the Court regarding these discussion. State has agreed to ballistic testing. Testing to be done simultaneously with States expert and Defense expert. Ballistic testing to be conducted after Cellmark is done with their testing. Items are to be packaged and sealed by Cellmark whereupon Deputy Inspector Sucik will pick up items and deliver such to the State Crime Lab. Bucco swabs have been obtained from Shannon S. and Steward H. Any fees incurred for testing will be the responsibility of Lawrencia Bembenek. Court ordered case adjourned for status conference in Branch 30. Status conference scheduled for 03-20-2003 at 08:30 am.

Pertaining to arrangements regarding State's request to speak with the analyst who performed the DNA test on the items contained in the report in possession of the Court, filed and signed. cg

From ADA Mark Williams received and filed. cg

From Attorney Mary Woehrer received and filed. cg

For Release of Evidence for DNA Testing Pursuant to Wis. Stat. Section 974.07 filed and signed. cg

For Release of Evidence for DNA Testing Pursuant to Wis. Stat. Section 947.07 filed and signed. cg

Attorney Mary Lou Woehrer in court, Lawrencia Ann Bembenek not in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Motion proceeded. * Hair and fingernail sample of Fred Hornberger is available for testing. Vial of blood has been destroyed. Defense to obtain additional tissue samples from the State Crime lab to be transported to Cellmark. Defense also informs the Court that the cost of this DNA testing has already been paid for. Parties to submit a letter to the Court confirming the transportation of items to the lab by next week. Court orders State unfettered access to Cellmarks DNA experts. Attorney Woehrer will be present for States question and answer session with Cellmarks DNA experts, but is not to interfer. * Motion to have further DNA testing costs to be incurred by the State not addressed at this time. * State to turn over the red address book to defense * Production of bucco swabs of Daniel Gilbert and the two Schultz children and Steward Honeck heard. Court denies request for bucco swabs on Daniel Gilbert. Court to be informed by parties the willingness of parties to voluntarily submit to DNA samples, and submit such to the Court along with where testing will be submitted and who will incurr the costs. * District Attorney's file on Hornberger and Gilbert will not be turned over. Police reports from Hornberger already turned over, turning over the police file on Gilbert held in abeyance. * State to ask crime lab to provide Attorney Woehrer with information (names and dates) of all Wisconsin Crime Lab cases bearing the numbers 251, 5251 and S251 during the years of 1973 and 1982. * Motion for contempt of court argued but not decided at this time * Parties agree that if documents have to be opened and the seal has been violated, chain of custody has been breached and will not become an issue at a later date. Parties to informed the Court the status of the above orders on the next Court date.

Petitioner's reply brief to State's untimely motion and response received and filed. cg

State's motion to permit State to consult DNA expert at Lab Corp. in Nashville, Tennesse in regards to Lab Corps findings on the DNA results in it's preliminary report submitted to the Court and Motion to extend time as to a statement on ballistic testing in the above case received and filed. cg

For Production of Evidence, Bucco Swabs for DNA testing and Contempt of Court received and filed. cg

From Attorney Mary Woehrer objecting to State's request for an extension.

From ADA Mark Williams requesting additional time to file a response received and filed. cg

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk lw. Preliminary Forensic Case Report received and filed on 12-17-02. Defense motion to have evidentiary packages opened in order to examine exhibits is objected to by the state and denied by the court. Order For Production of Evidence signed and filed. Case remains set for status on 01-17-03 at 8:30 in Br. 30.

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk lw. Parties have not received DNA test results. Conference held in chambers. Received and filed Motion for Ballistics Testing and Affidavit. Court ordered state to file any response by 01-06-03. Court ordered defense to file any additional motions by 01-06-03. Court ordered case adjourned for status conference in Branch 30. Status conference scheduled for 01-17-2003 at 08:30 am.

Attorney Mary Woehrer and ADA Williams appear. Discussions held off the record in chambers. Parties indicate DNA testing not yet completed. New date requested and granted. Case adjourned for a Status on December 16, 2002.

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held on the record in chambers.

For release of evidence for DNA testing prusuant to Wisconsin Statue Section 974.07 filed and signed. Copies forwarded to ADA Mark Williams and Attorney Mary Woehrer. cg

For release of evidence for DNA testing prusuant to Wis. Stat. Section 974.07. Said order applies to The Milwaukee Medical Examiners' Office. cg

Order for release of evidence for DNA testing prusuant to Wis. Stat. Section 974.07. Said order applies to The Milwaukee Police Department. cg

For release of evidence for DNA testing pursuant to Wis. Stat. Section 974.07 filed and signed. Said order applies to the Milwaukee County Clerk of Court-Criminal Division. cg

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held on the record in chambers. In open Court, Court relays discussions held in chambers. All items requested have been located. Packaging and transportation have been stipulated to by all parties. Court releases these items to the appropriate authorities. Parties to submit a stipulation to the Court by Wednesday, October 23, 2002. Tissue samples of Fred Hornenberger being held by the Medical examiner may be release. Case adjourned for Status in Branch 30. Status conference scheduled for 11-27-2002 at 09:00 am.

Attorney Mary Lou Woehrer in court. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held off the record in chambers. Case to continue for Hearing on October 21, 2002.

From the October 4, 2002 Status conference. cg

Defendant Lawrencia Ann Bembenek in court with attorney Mary Lou Woehrer. Robert D Donohoo and Mark Williams appeared for the State of Wisconsin. Deputy Court Clerk: cg Discussions held in chambers and on the record. On the record and in open Court, in chamber discussions placed on the record. Court rules that the DNA testing be conducted by Orchid Cellmark and such expenses to be incurred by the defendant. The following items are to be turned over promptly for testing: -- Blue bandana -- Off-duty gun of Officer Fred Schulz -- On-duty gun of Office Fred Schulz -- Bullet taken from the body of Christine Schulz -- T-shirt worn by Christine Schulz District Attorneys Office to make a request from the Milwaukee Police Department to determine where the other requested evidence can be located. District Attorneys Office to turn over the name of the representative from the Milwaukee Police Department who will conduct the search for the evidence. Parites to agree on procedure for packaging and transporting items for testing. Agreement to be reduced to writing. Case calendared for a telephone conference to determine the status of the whereabouts of the evidence. Case calendared for a Hearing on the stipulation to be filed regarding the evidence

Motion for release of evidence for DNA testing pursuant to Wisc. Stats. 974.07 received. Parties notified, case calendared. cg

Per Order of Presiding Judge, Felony Division, this request/motion is hereby assigned to the Hon. Jeffrey Conen, Br. 30, as Motion Calendar Judge, for review. See Local Rule 428 B. jbs

Defendant's motion for release of evidence for DNA testing pursuant to section 974.07, Wis. Stats., and brief in support of motion.