Atty. Roak Parker

Sub-service

Atty. Roak Parker

Niemuth, Clifford H

$ 1000.00

Defendant shall report immediately to Sheriff's Dept. for Booking.
To not purchase or acquire any additional animals.
Only can have farm animals, (sheep)
To adequately shelter & feed all animals

*Amended on 12-01-05 to include -
Can only have farm animals - sheep, chicken and ducks
He may keep 8 guinnea pigs subject to weekly inspection to provide adequate feed, shelter and water

ADA Fassbender present
Defendant present, Atty. Roak Parker present
Atty. has received copy of Criminal Complaint and waives reading
Not prepared to enter pleas at this time
ADA Fassbender believes Motion to Consolidate all cases, attorney's ask for AIA
Statements by ADA re: bond
Statements by Atty. Parker re: bond
$1,000.00 Signature Bond - conditions:
Defendant shall report immediately to Sheriff's Dept. for Booking.
To not purchase or acquire any additional animals.
Only can have farm animals, (sheep)
To adequately shelter & feed all animals
AIA scheduled on 12-13-05 at 1:30pm in Br.II

Defendant present, Atty. Parker present
Atty. Parker requests modification of bond
Ducks and chickens considered farm animals
8 guinnea pigs subject to weekly inspection and provides adequate feed, shelter and water or sell
State - would be consistant with other bonds
Court directs bond be amended to include extra conditions

Letter to Judge's from Monica Gates

Letters to Judge Hoffmann from Emily Fiegenschuh and Linda J. Whitenton

ADA Fassbender present
Defendant present, Atty. Roak Parker present
Entered "not guilty" plea
Waive reading of Complaint
ADA Fassbender addresses bond - Atty. Parker objects to bond modification
Court will not address bond modification
Bond continued
Br.III to schedule STC

from Judge Kirk - acknowledgment of letters from Fiegenschuh, Whitenton, and Gates, informing that Judge Huber has been assigned all cases.

from Judge Huber's office, forwarding copies of letters to counsel in each of the Niemuth cases.

for Judicial Transfer signed by all Branches, designating Judge Huber as responsible court official.

Letter to Judge Huber and ADA Fassbender from Atty. Roak Parker
Re: defendant and his animals

Cover letter from Atty. Roak Parker - forwarding (4) letters on behalf of defendant to the court regarding all Neimuth Cases. Copies made for each file.

Letter to Judge Raymond S. Huber from Monica Gates
Re: bond on all the cases

Letter to counsel and Judge Huber from Serena Adler
Re: case

from Alison Bellach, forwarded copies to counsel.

from Linda Whitenton, Ruth Divine, Carla Flaherty, copies forwarded to counsel.

from Emily Fiegenschuh, H. Cara Stutzman (PETA) enclosure - with copies to counsel.

from Sasha Mocek-Jones,
Michelle Kunkel - with copies forwarded to counsel.

Marlys Hurst with Newsletter, Rachel Sincere, Emily Fiegenschuh, Jo Wentworth, and Jennifer Gardner - with copies to counsel.

to Consolidate -by State.

from Jessica Warner, Michelle Kunkel - copies forwarded to counsel.

Defendant present.
ADA Fassbender present.
Atty. Parker present.
Stmt by ADA - in agreement with Atty. Baker.
Court - all motions filed within 10 days.
Statement by ADA - re: bond.
Statement by Deputy Furman re: bond and # of animals.
Stmts. by various counsel.
Court - brief recess
Court - back on the record. Provided sheet of paper with list of animals on property of Niemuth's property.
Stmt. by Atty. Parker - re: 3 additional goats that are his client's but they are not kept on property.
Court - amends bond to include the list of animals provided by counsel as the only animals allowed on the Niemuth property. The court directs all guinea pigs be individually housed / caged. The Niemuths are not to deny access to the Sheriff's Department for inspections at reasonable times. All other conditions remain.
MH set for 02/09/06 at 1:30 p.m. 1970

Niemuth, Clifford H

$ 1000.00

**AMENDED**
Bond amended to include the list of animals provided by counsel (see attached list) as the only animals allowed on the Niemuth property.
The court further directs that ALL guinea pigs be individually housed / caged.
The court further directs that the Niemuths are not to deny access to the Sheriff's Department for inspections at reasonable times. All other conditions unchanged shall remain in effect.

Waupaca Co. Sheriff's Office - Law Incident Table.

from Darla Ritchie and Michelle Radke, copies forwarded to counsel.

from Atty. Parker - informing court and counsel of condition of sheep and ewe's producing offspring and the weather turns warmer.

from Atty. Parker - with enclosure of various neighbors, and receipts for purchase of fees and other animal feeds.

from Bonnie Whittington and Cheryl Carnett, with copies to counsel.

$ 0.00

Defendant prsent.
ADA Fassbender present.
Atty. Roak Parker present.
Atty. Baker objects to consolidation - not with Brian Niemuth.
Statements by ADA
Statements by Atty. Baker.
The court will consolidate Duane, Sandra and Cliffor Niemuth for trial purpose.
Statement -Atty. Parker re: CD's for the record would use 1/2 of those - 900 photos.
MH set for 05/12/06 at 1:30 p.m. 1970
JT set for 05/31/06, 06/01/06 and 06/02/06 at 8:30 am 1970
Bond Continued.

from Kim Jamison, copies forwarded to counsel.

from Eileen Schendel to Judge Huber, copy forwarded to counsel.

forwarding copies of letters to counsel from Marc & Heather Hoffman, Margaret Jones, Jason Williams, and Anthony Montapert.

Various correspondence forwarded to counsel.

from Linda Whitenton - copies to counsel.

from Anne Balekdjian with copies to counsel.

from various correspondence, forwarded to counsel.

from various correspondence, copies forwarded to counsel.

from Jennifer Niemuth, Mary Cumber and Mr & Mrs Wetherbee, with copies to counsel.

from Jackie Stanislawski with copies forwarded to counsel.

from Atty. Roak Parker - re: sheep status.

various correspondence, forwarded to counsel.

Mr. & Mrs. Elmer Beier, copies forwarded to counsel.

Cathy Volz, copies forwarded to counsel.

from Jennifer Goetz
from Branch 3 to ADA Fassbender, Atty Parker, Atty Boelter and Atty Jerabek

from Linda Whitenton and Ronald Brown
From Branch 3 to ADA Fassbender, Atty Parker, Atty Boelter and Atty Jerabek with copies of letters

various letters, forwarded to counsel.

various letters forwarded to counsel.

from Nancy Andrich, copies forwarded to counsel.

four form letters with copies to counsel.

with copies to counsel.

various correspondence forwarded to counsel.

various correspondence, copies forwarded to counsel.

State's Demand

State's List of Witnesses for Trial.

various correspondence, copies forwarded to counsel.

various correspondence with copies to counsel.

Thomas R. Claussen - $33.56
Jason L. Snyder - $30.89
Jeffrey W. Henneman - $30.89
Dr. Ellen Hooker - $30.89
Diane Neelis - $34.45

by ADA Fassbender

for Leave to File Amended Complaint.

Dr. Jame Ziegler - $No Charge.
Dr. R.L. Gay - $25.00

of various correspondence with copies to counsel.

various correspondence, copies forwarded to counsel.

and Notice.

Regarding Internet Postings.

Concerning Witnesses.

State's Amended List for Trial.

Defendant present.
ADA Fassbender present.
Atty. Roak Parker present.
Stmts. by court to parties and counsel re: internet chat rooms and conversations, will recuse if any party wishes him to.
ADA - Stmt has no concern at this time with court's objectivity.
Stmt by Atty. Parker, will not ask the court to recuse at this time.
ADA - stmt re: motion to amend complaint, to add 2 counts.
Defendant counsel will object.
ADA - moves to amend Count 6 (11/29/05) to insert "a male shelty mix" (Duane Niemuth's case only) 05CM516.
Court will amend on face of complaint and initial and date.
Atty. Parker's motions in limini to be addressed.
#1,2,3,4 - Rules of evidence - Granted by court.
#5 - Photographs - Court reserves ruling at this time.
Motion concerning witnesses - state no objections.
Granted by court.
Motion on Internet chats & examination of lead investigator.
Stmts by counsel, arguments and rebuttal stmts. by counsel.
Court deny's states motion.
Court will grant defense motion.
Court - in allowing others in chat room (conversations) portion of motion by Atty. Parker - court would want to review on specific basis. Court will not allow broad range of any other comments in chat room.
Atty. Parker - will provide court copy of "Part One" of chat room to be filed with court.
MH continued to 05/18/06 at 8:30 am 1970

Guinea Lynx - Part Deux and Part Trois (Original Held in 05CM514 Part C).

Defendant present.
ADA Fassbender present.
Atty. Parker present.
Per ADA no amended complaint prepared, proceed with what he has.
Re: Photographs ADA provided counsel with list - 36 photographs.
Statements by counsel re: objections to 3-4 photos.
Court will postpone the issue until trial.
Statements re: reference to other animals - ADA Fassbender will instruct witnesses.
Previous motions addressed.
Atty. Parker[re: jury instructions, written voir dire.
Court - not going to send out written voir dire questions in advance, jurors to fill out when called in, and copy and distribute to counsel.
ADA Stmts.
Court will address jury after evidence is in.
Checking on another court room being available.
2 Strikes per counsel (6)
The court will have alternate juror, 24 jurors forward - 45 summoned.

for Written Voir Dire Questions

Regarding Jury Instructions.

Defendant's Proposed Jury Instructions.

Additions to Witness List

State's Amended, Amended List of Witnesses for Trial.

State's Amended, Amended, Amended List of Witnesses for Trial.

Erin Purcell

Requested Voire Dire from the Court.

Defendant present.
ADA Fassbender present.
Defense attorneys present (Roak Parker, Angela Boelter, and Gregory Jerabek).
Court convenyes at 8:24 am.
ADA to review proposed questionnaire for Voir Dire.No objection to list.
Stmt ADA and Atty. Parker and Atty. Boelter.
Motion to Amend Ct 1 in Duane Niemuth a female beagle 05CM516 by ADA.
Court amends Ct 1. complaint in 05CM516.
Stmt. by Atty. Roak Parker re: photo's presented by ADA as additional exhibits #2 - 4.
Stmt. by ADA - re: photos as exhibits #2-4.
Court notes exhibits #2-4. Court allows exhibits.
Court allows Deputy Furhman to stay during trial and investigator for Atty. Parker may also stay in court.
Defense - 7 strikes - Jury selection, 4 strikes ADA. Court recessed.
Court reconveyed with full jury panel present. Full jury sworn.
Court Voir Dire the full jury panel.
Court informs witnesses of being sequestered. Court recessed.
Court reconveyned with full jury panel present. Voir Dire continued.
Jury panel and Full jury and extras excused to appropriate rooms.
Jurors questioned individually by the court.
Jury panel and full jury returned to courtroom. Voir Dire continued.
12:30 p.m. - Jury panel selected.
ADA and Atty's approve panel. Court recessed.
1:36 p.m. - Court back on the record, all parties present outside presence of jury.
Jury returns to court room, stmts by court.
Court gives general instructions to jury.
Opening stmt. by ADA Fassbender.
Opening stmt. by Atty. Parker.
Opening stmt. by Atty. Boelter.
Opening stmt. by Atty. Jerabek.
Opening stmts. concluded.
Jeffrey Henneman, sworn & testified. Witness excused. Brief recess - jury excused.
Jury returns to courtroom, all parties present - back on the record.
Diane Neelis, sworn & testified. Witness excused.
Tina Neelis, sworn & testified. Witness excused.
Erin Carter (Purcell), sworn & testified. Witness excused.
Tom Claussen, sworn & testified. Witness excused.
Jennifer Furman, sworn & testified. Excused.
Jury excused for the day.

from Juror.

Juror's Selection and Peremptory Challenges,
Voir Dire List

All original Exhibits contained in case # 05CM517.

8:06 am - Jury returns to courtroom, all parties present.
Jennifer Furman, returns to witness stand to continue testimony, still under oath.
ADA Fassbender - moves to publish Exhibits #2 & 3 to the jury, granted by court.
Brief recess
Jury returns to courtroom, all parties present.
Jury excused from courtroom, arguments by cousel outside presence of jury.
Jury returns to courtroom.
Atty. Parker - moves to publish Exhibit #12 to the jury, granted by court. Witness excused.
Court reces - jury excused.
Court back on the record outside presence of jury - re: sidebar argument.
Court recess.
Court back on the record, jury returns with all parties present.
Dr. Ellen Hooker, sworn and testified.
ADA Fassbender - moves to publish Exhibits #9, 16 & 17 to the jury, granted by court.
ADA Fassbender - moves to publish Exhibits #19, 21, 22 to the jury, granted by court.
ADA - Moves to publish Exhibit #24 to the jury, granted by court.
Witness excused.
Dr. James Ziegler, sworn & testified.
Witness excused.
Jury dismissed - resume at 1:15 pm, court recess.
Court reconveyned all parties and counsel present.
Motion by Atty. Parker direct verdict Cts 1,2,3,4 & 5.
Stmt by ADA Fassbender.
Court reserves ruling on motion.
Motion by Atty. Boelter direct verdict Cts 1-6.
Motion by Atty. Jerabek (Dismiss) direct verdict cts.
Court reserves ruling on motion by Atty. Boelter.
Stmt by ADA re: motion by Atty. Jerabek.
Stmt by Atty Jerabek re: motion.
Court reserves ruling on motion by Atty Jerabek.
Jury returned to court, resumed / reconveyed.
Gloria Miller, sworn and testifed.
Phil Everts, sworn and testified.
Atty. Thomas Johnson, sworn and testified.
James Besaw, sworn & testifed.
Judith Gerhardt, sworn and testified.
Jury excused for a break.
Stmts re: Defendant's providing testimony.
Sandra Niemuth indicated will not testify.
Clifford Niemuth indicated will not testify.
Duane Niemuth indicated will not testify.
Court recessed.
Court reconveyned with parties present and counsel.
continued..

Jury returned.
Deputy Jennifer Furman recalled rebuttal testimony.
Court excused jury at 3:04 pm. to reconveyne at 9:00 am on 06/02/06.
All parties rested.
Court recessed 3:05 p.m.
Court reconveyned at 3:49 p.m.
Jury instructions reviewed by the court and attorneys.
Stmt by court re: previous motions.
Stmt by ADA
Court grants Motion of Atty. Jerabek & dismisses all counts in Case # 05CM514 against Sandra Niemuth.
Court continues with jury instructions.
Motion by Atty. Parker - dismiss Cts 2 & 3.
Court withhold ruling.
Cont. with jury instructions.
Court recessed.

Court reconveyned outside the presence of the jury.
Stmt Atty Parker re: Motion on Cts 1-5 05CM517.
Stmt Atty. Boelter re: Motion on Cts 05CM516.
Stmt ADA Fassbender re: Motion
Court grants motion to Ct 1 by counsel.
Case # 05CM516 & 517 - Ct 1 dismissed.
Stmt Atty. Parker Cts 2-3 05CM517 re: Motion.
Stmt ADA Fassbender re: Motion.
Court amends Cts 2 & 3 in 05CM517 & 516. Court amends complaints with initials as of today's date.
Stmt Atty. Parker, Stmt Atty. Boelter, Stmt ADA Fassbender re: Cts 2-3 in cases.
Court finds 05CM516 amend to party of the crime element deleted in charges.
Court finds sufficient evidence that Duane Niemuth, with care in animals Ct 2, Court finds Ct 3 dismissed 05CM516.
Court denies request per motion on Cts 4 05CM516 & 517.
Court dismisses Ct 3 - Clifford 05CM517.
Stmt Atty. Parker re: Count 5 and Atty. Boelter and ADA Fassbender.
Court dismissed Count 5 on both cases 05CM516 & 517.
Stmt Atty. Boelter re: Ct 6 05CM516 & ADA .
Court - Ct 6 05CM516 - dismissed.
Stmts regarding jury instructions Atty. Parker.
Court informs re: Ct 2 with jury instructions to regards as a female yellow terrier mix dog.
Court recessed.
Court reconveyned with counsel & parties present outside of the jury.
Court informs counsel regarding verdict in relationship to the counts.
No objection ADA, Boelter, Stmt Atty. Parker.
No objection Atty. Boelter & ADA & Atty. Parker on jury instructions or verdict forms.
Jury returned/present, court reconveynes and all parties and counsel present.
Court reads jury instructions.
Closing stmts. ADA Fassbender.
Closing stmts. Atty. Roak Parker.
Closing stmts. Atty. Angela Boelter.
Rebuttal closing ADA Fassbender.
Court informs jury of verdicts.
Bailiff sworn.
Scott Van Swol Juror excused.
Jury excused to deliberate.
Court reconveyned outside presence of jury.
Court - re-do verdicts. Exhibits to be avail. upon request.
Court recessed.
Court reconveyned with Atty's and ADA present.
Stmt ADA & court re: jury instructions
continued.

Counsel approves changes and to be sent in to jury.
Court recessed.
Court reconveyned outside of jury.
Questions form jury. No objections ADA and Atty. Parker. to submit photo's for jur.
Court recessed.
Court reconveyned, jury returns to courtroom, all parties and cousel present.
Jury has reaced verdicts as follows.
Clifford Niemuth
1st - NG - represent Ct 2 in complaint.
2nd - Guilty - represent Ct 6 in complaint.
3rd - NG - represent Ct 4 in complaint.
Duane Niemuth
1st - NG - represent Ct 2 in complaint.
2nd - NG - represent Ct 4 in complaint.
Jury polled by the court.
Jury excused.
ADA - requests judgment.
Atty. Parker - stmt moves for dismissal of charges.
Court - Ct #6 on Clifford Niemuth - judgment of conviction entered.
Court balance of counts will be dismissed in both Clifford and Duane Niemuth's cases.
SEH set for June 12, 2006 at 9:00 a.m. 1970 (Clifford's Case Only)

from jury requesting photos.

Count 1 - Not Guilty - (Ref. Count 2 in Complaint.)
Count 2 - Guilty - (Ref. Count 6 in Complaint.)
Count 3 - Not Guilty (Ref. Count 4 in Complaint)

Tina Neelis

Sent to Acctg. for payment $23.60 for Dr. James Ziegler.

Sent to Acctg. for payment $16.00 for Tina Neelis.

Sent to Acctg. for payment $32.00 for Diane L. Neelis.

Sent to Acctg. for payment $19.20 for Tom D. Claussen.

Sent to acct. for payment - $32.00 Gloria Miller (COC acct.)

Sent to acct. for payment - $32.00 James Besaw (COC acct.)

Sent to acct. for payment - $32.00 Phil Everts (COC acct.)

Sent to acct. for payment - $32.00 Monica Gates (COC acct.)

of Proceedings - June 1, 2006 (Original in case # 05CM517)

from Monica Gates.

Defendant present.
ADA Fassbender present.
Atty. Roak Parker present.
Copy of letter provided to each counsel.
ADA provided report to court from Dr. and provide to each counsel.
Statements by ADA - Rest. $7,029.35 to Waupaca Co. and $8,853.00 to the Humane Society.
ADA provided 2 packets of info. to the court.
Summary - Waupaca co. and 2nd packet re: Humane Society - ask to enter order or injunction per 951.18(4)(c) from owning or possessing animals for a period of 5 years.
The court orders sentences withheld and placed on probation for 1 year.
Conditions:
Direct to pay the costs of the action and service fees of $185.68 + witness fees $218.80.
Direct to pay restitution after we complete sentencing.
Court will do a combined restitution hearing with co-defendants.
Direct he have a psychological evaluation to determine whether he has a hoarding condition.
Participate in any other assessment as directed by his agent and abide by treatment recommendations.
Participate in any counseling as directed by his agent.
To provide community service work - to perform 35 hours of community service work.
Direct that he not possess any gerbils, hamsters, guinea pigs or similar type animal - referred to as rodents.
Not possess any small animals that would be typically kept in a cage per 951.18(4)(c), make prohibition in effect for a period of 5 years.
During period of probation no individual in his household shall have any similar type of animals - no animals during period of probation of that nature.
Find that he and others in the household care for , possess no more than 2 dogs that will include - other than Brian and Jennifer would have specific limits.
Dogs must be registered - dewormed with vet, must be spayed and neutered and licensed, and must rec. annual rabies shot and available water and food to maintain health.
Outside probation - period of 5 years.
Possess no more than 2 dogs.
Direct during probation not possess any cats.
Continued.....

Outside probation - a period of 5 years not possess any cats.
During probation - direct possess no other animals that would be characterized as a pet, bird, canary, cockateals, or any other reptile or other similar confined reptile characterized as a pet exception granted on sentence of Brian and Jennifer - no member of household can have - a period of 5 years.
Not possess or own any type of these animals.
The court will leave during the period of proba. in discretion of agent the number of goats, sheep, chicken or ducks that he may maintain.
Outside term of probation - the maximum number that should not be exceeded during 5 years, direct unless provide sufficent evidence to agent - not any more than 3 goats, no more than a dozen adult chickens and direct he not exceed a pair of ducks and the number of sheep, direct he not have more than 2 ewes and 1 lamb.
If pastured out - not limit it.
Further conditions - Re: all animals, that he must provide adequate food, water and shelter.
Sheep - leave in discretion of agent as to how long he has to get down to these reduced numbers.
Probation questionnaire & appeal rights given to defendant.
Combined restitution hearing - Atty was not aware were addressing today.
Brief recess.
The court re: rest. the court accepts figures state provided - each def. to pay - re: Cliff rest. $25.00 a month during the period of probation.
Direct that each pay $25.00 a month toward restitution during the period of probation.
Direct that all rest. that is received 1st go to the Humane Society and only if made whole - to go to Co. Treasurer - amt. of restituion ordered - each case.
Appeal rights.
Property in evidence - to contact DA and Sheriff - if property is not needed as evidence - appeal period is over - can be returned.
ADA ask to sell for co. to recoup expenses.
ADA will look if appropriate and court will auth. it if he finds statute. & submit to counsel, can set for further hearing.

from James Ziegler DVM

Restitution Requests

Copies: Defendant, (2) DOC.

from Arthur Goldberg

from Atty. Parker, and response from Judge Huber.

Copies: Defendant, (2) DOC.

request by Atty. Parker to amend JOC to reflect 3 ewes.
Approved by court.

from Jeffrey J. Siewert, Corporation Counsel re: property disposal.
Reply letter from Assistant District Attorney Fassbender, agree to release property.
Orginal letters in 05CM517.

Restitution Ordered from DOC:
Waupaca Co. Zoning Administration - $7,029.35
Humane Society of Waupaca Co. - $8,853.00
Joint and Several.

from DOC to Judge Huber, copy of that ltr. forwarded to ADA Fassbender.

discharge.

from defendant. File per Court.