State of Wisconsin vs. Eric Paul Henry

Milwaukee County Case Number 2007CF006091

Court Record Events

Date
Event
Court Official
Court Reporter
1
12-18-2007
Complaint filed

2
12-18-2007
Notes
Additional Text:
Defendant in Custody, Court appearance today in Intake Court, Room 137A.

3
12-18-2007
Initial appearance
McKinley, Geneva E
Digital Recording
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Robert D'Arruda. Defendant Eric Paul Henry in custody. Rayann Chandler Szychlinski appeared for the State of Wisconsin. Defendant is advised this case is assigned to Judge Donald, Branch 02. Defendant given a copy of the complaint and advised of maximum penalties, right to counsel and right to a preliminary hearing. Court reviewed the complaint and found probable cause to hold defendant for further proceedings. Case is adjourned for preliminary hearing in Branch PE. kmp

4
12-18-2007
Cash bond set
McKinley, Geneva E
Digital Recording
Event Party
Amount
Henry, Eric Paul
$ 250000.00
Additional Text:
If out of custody defendant must appear for all future Court Appearances. Court advised defendant that failure to comply with conditions of bail may result in an additional charge of bail jumping.

5
12-18-2007
Notes
McKinley, Geneva E
Digital Recording
Event Party
Henry, Eric Paul
Additional Text:
Preliminary hearing scheduled for 12-28-2007 at 08:30 am.

6
12-28-2007
Preliminary hearing
Phillips, Barry
Richmond, Donna
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Robert D'Arruda. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: rn Preliminary hearing proceeded. Court ordered witnesses sequestered. Sworn for the state: City of Milwaukee Police Detectives Cameo Barbian-Gayan; Timothy Heier; State's exhibits #1 and #2 offered and received. States offer of stipulation for this hearing only, is found to be a correct statement and has the approval of the Court. State rests. Defense rests. Defense motion to dismiss without argument was and denied. Court found probable cause and bound defendant over for trial. Parties advised that this case is assigned to Judge Donald, Branch 02. Original information received and filed; defendant given a copy, waived reading, was arraigned in open court and plead not guilty. Court ordered case adjourned for Scheduling Conference before Branch 02 on 1/08/08 at 8:30 a.m. . State withdrew Exhibits 1 and 2.

7
01-08-2008
Scheduling conference
Donald-02, M. Joseph
Off the Record
Event Party
Henry, Eric Paul
Additional Text:
Attorney John J. Forrestal in court, defendant Eric Paul Henry not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Court ordered case adjourned for status conference in Branch 2. Status conference scheduled for 01-11-2008 at 08:30 am.

8
01-11-2008
Status conference
Donald-02, M. Joseph
Off the Record
Event Party
Henry, Eric Paul
Additional Text:
Attorney Robert D'Arruda in court, defendant Eric Paul Henry not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Scheduling conference held. Pretrial scheduling order signed and filed. Case set for jury trial to 4-21-08 at 10:00 am and for motion hearing to 3-18-08 at 8:30 am in Branch 2. Motion hearing scheduled for 03-18-2008 at 08:30 am.

9
01-25-2008
Motion hearing
Donald-02, M. Joseph
Brown, Janice
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Daniel Rieck. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Motion to withdraw as counsel granted by the Court. Court dates of 3-18-08 at 8:30 am for motion hearing and 4-21-08 at 10:00 am for trial to remain. Court ordered case adjourned for status of counsel in Branch 2. Status conference scheduled for 02-04-2008 at 08:30 am.

10
02-04-2008
Status conference
Donald-02, M. Joseph
Off the Record
Event Party
Henry, Eric Paul
Additional Text:
Attorney Richard J Johnson in court, defendant Eric Paul Henry not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Attorney Richard Johnson is now counsel of record. Attorney Johnson has agreed to dates of 3-18-08 at 8:30 am for motions and 4-21-08 at 10:00 am for jury trial in Branch 2.

11
03-18-2008
Motion hearing
Donald-02, M. Joseph
Malone, Jackie
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorneys Richard J Johnson and Kimberly Motley. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Defendant moves for new counsel. Court will allow for new counsel if new counsel can be appointed to continue with same jury trial date. If not, Attorney Richard Johnson will remain on as counsel of record. Miranda Goodchild motion proceeded. Sworn for the State: Milwaukee Police Detectives, Billy Ball and Steven Cabellero; Milwaukee Police Officer Stephaine James; and Milwaukee Police Detective Timothy Heier. Testimony closed. Arguments heard. Court denies motion to suppress. Defendant withdraws request for new counsel. Attorney Richard Johnson to remain on as counsel of record. Adjourned to 4-21-08 at 10:00 am for Jury trial in Branch 2.

12
04-18-2008
Notes
Additional Text:
Due to speedy trial in Branch 2 on 4-21-2008, this case is transferred to Branch 38 for jury trial. Parties are advised of change. ls

13
04-21-2008
Motion hearing
Wagner-38, Jeffrey A.
Alveshire (Fringer), Beth
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Richard J Johnson and Kim Motley. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Defendant's motion for new counsel is renewed and denied.

14
04-21-2008
Jury trial
Donald-02, M. Joseph
Brown, Janice
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorneys Richard J Johnson and Kimberly Motley. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Defendant's motion for counsel to withdraw denied by the Court. Court withdraws material witness warrant. Court informs witness to return on 4-22-08 for jury trial. Defense moves to have jury trial moved to different county. Court denies motion. Jury panel in court. Voir dire proceeded at the hour of 2:19 . Thirteen (13) good and lawful citizens of the County of Milwaukee, WI qualified to serve as jurors in the above entitled cause were duly impanelled. Jury list received and filed. Court ordered case adjourned for jury trial in Branch 2 on 4-22-08 at 10:00 am.

15
04-22-2008
Jury trial
Donald-02, M. Joseph
Nelson (Tromp), Kathy
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Richard J Johnson and Kimberly Motley. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Jury panel sworn. Jury list received and filed. Court ordered witnesses sequestered. Court instructed jury. Opening statements by state and defense. Trial proceeded. Sworn for the state: Milwaukee Police Detective Camero Barbian-Gayan; Tewanna R; Trach R; Phyllis R; Paul G; Milwaukee Police Detective Timothy Heier; Dorothy W; Brown Deer Police Officer Richard Schwoegler; Milwaukee Police Detective Billy Ball; Milwaukee Police Detective Steven Caballero; . Exhibit 3-12, 10, 15, 17 received. Jury out of box. Court ordered case adjourned for jury trial in Branch 2.

16
04-23-2008
Jury trial
Donald-02, M. Joseph
Brown, Janice
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Richard J Johnson. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Trial proceeded. Sworn for the state: Wayne R; Milwaukee Police Detective Timothy Heier; Dr. Wieslawa Tlomak; Ronald W; Timothy M; Milwaukee Police Detective Erik Gulbrandson and Milwaukee Police Detective Billy Ball. Exhibits 1 - 31 received. State rests subject to rebuttal. Jury out of box. Defense motion for directed verdict at close of state's case denied by the court. Court ordered case adjourned for jury trial in Branch 2 on 4-24-08 at 9:00 am.

17
04-24-2008
Jury trial
Donald-02, M. Joseph
Nelson (Tromp), Kathy
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorneys Kimberly Motley and Richard J Johnson. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Jury in the box. Sworn for defense: Milwaukee Police Detectives Michael Saranee, Steve Caballero, Erik Gulbrandson and Billy Ball. Defense rests. Sworn for state as rebuttal witness: Tracy R. State and defense rest. Testimony closed. Jury out of box. Defense motion to dismiss at close of evidence argued and denied by the court. Jury in box. Court instructed jury. Closing arguments by state and defense. Court charged the jury. Alternate juror selected by lot and released. Jury retired at the hour of 4:26 pm to deliberate in the charge of Sheriff's Deputies Janet Oglesby and James Ford who were duly sworn for that purpose. Court ordered case adjourned for jury trial in Branch 2 to 4-25-08 at 8:30 am.

18
04-25-2008
Jury trial
Donald-02, M. Joseph
Brown, Janice
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Richard J Johnson. Defendant Eric Paul Henry in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk mem. Jury in box. At the hour of 10:42 am the jury returned and, by their foreperson, brought in a verdict of Guilty which was then read. Court polled and discharged the jury. Verdict received and filed. Court granted state's motion for judgment on the verdict and denied defense motion for judgment not withstanding the verdict. Court ordered entry of judgment of conviction. Court ordered case adjourned for sentencing in Branch 2 on 6-19-08 at 8:30 am. PSI ordered. Court ordered defendant REMANDED into the custody of the Milwaukee County Sheriff's Department.

19
05-07-2008
Notes
Additional Text:
WITNESS FEE FORM PREPARED FOR: NAME: DETECTIVE CAMEO, B-G./CM

20
05-08-2008
Notes
Additional Text:
per court of appeals order dated 5/7/08 the defendant's petition for a writ of habeas corpus id denied on writ # 2008AP1109W. mc

21
05-08-2008
Other papers
Barillas, Rosa M
Digital Recording
Additional Text:
Witness arrest warrant for Tracy Roby returned by Assistant DA (J44677 warrant #).

22
05-19-2008
Notes
Additional Text:
Request for payment of $17.00 witness fees for witness Detective Cameo B. processed and forwarded to the Treasurer's Office on check request x25359909 in court 1x.

23
06-04-2008
Notes
Additional Text:
Journal Voucher #JV200 33494 crediting the District Attorneys office $452.50 for travel costs of Timothy M on 04-21-08. Copy in file.pg

24
06-06-2008
Other in-court activity
Donald-02, M. Joseph
Additional Text:
ADA Williams and Attorney R Johnson agreed to adjourn sentencing date to 7-18-08 at 8:30 am in Branch 2.-mem

25
07-18-2008
Sentencing hearing
Donald-02, M. Joseph
Malone, Jackie
Event Party
Henry, Eric Paul
Additional Text:
Defendant Eric Paul Henry in court with attorney Richard J Johnson. Defendant Eric Paul Henry in custody. Mark S Williams and Kimberly Motley appeared for the State of Wisconsin. cbm Presentence report reviewed. Statements made as to sentencing. The Court sentenced the defendant to a TERM OF LIFE IMPRISONMENT with credit for 221days time served; the The defendant is not eligible for the Challenge Incarceration Program and is not eligible for the Earned Release Program. Conditions: *AODA assessment and follow through with recommended programming; Undergo a Psychological evaluation; *Maintain absolute sobriety with random urine screens. The Court ordered that all court costs, fines, surcharges and restitution be paid through colletion by the Department of Corrections from 25% of funds under Sec. 973.05(4)(b) and as a condition of extended supervision. As a convicted felon you may not carry or possess a firearm or body armor. Your voting privileges are suspended for the length of the sentence imposed by the court. Defendant shall provide a DNA sample and pay all appropriate costs. Filed, Written Explanation of Determinate Sentence; Notice of Right to Seek Postconviction Relief; Ineligible Voting Notice & Acknowledgement; Pretrial Incarceration Credit. Court ordered defendant REMANDED into the custody of the Milwaukee County Sheriff's Department.

26
07-18-2008
Dispositional order/judgment
Donald-02, M. Joseph

27
07-18-2008
Judgment of conviction

28
07-18-2008
Notice of intent to pursue post-conviction relief
Donald-02, M. Joseph

29
07-23-2008
Notes
Additional Text:
Payment of witness fees form received for the following: Tewanna R., Dorthy W., Phyllis R., Ronald W., Timothy M., Wayne R., Tracy R., and Paul G.

30
07-30-2008
Notes
Additional Text:
INVOICE #X253744 FORWARDED TO ACCOUNTS PAYABLE DEPARTMENT, IN THE AMOUNT OF $88.00 to Timothy M for witness transport on 04-21-08. COPY IN FILE.pg

31
08-01-2008
Notes
Additional Text:
Request for payment of $17 witness fees for witness Paul G. processed and forwarded to the Treasurer's Office on check request x25360224 in court 1x.

32
08-01-2008
Notes
Additional Text:
Request for payment of $17 witness fees for witness Tewanna R. processed and forwarded to the Treasurer's Office on check request x25360225 in court 1x.

33
08-01-2008
Notes
Additional Text:
Request for payment of $34 witness fees for witness Dorothy S. processed and forwarded to the Treasurer's Office on check request x25360226

34
08-01-2008
Notes
Additional Text:
Request for payment of $17 witness fees for witness Phyllis R. processed and forwarded to the Treasurer's Office on check request x25360227 in court 1x.

35
08-01-2008
Notes
Additional Text:
Request for payment of $17 witness fees for witness Ronald W. processed and forwarded to the Treasurer's Office on check request x25360228 in court 1x.

36
08-01-2008
Notes
Additional Text:
Request for payment of $17 witness fees for witness Timothy M. processed and forwarded to the Treasurer's Office on check request x25360229 in court 1x.

37
08-01-2008
Notes
Additional Text:
Request for payment of $17 witness fees for witness Wayne R. processed and forwarded to the Treasurer's Office on check request x25360230 in court 1x.

38
08-01-2008
Notes
Additional Text:
Request for payment of $17 witness fees for witness Tracy R. processed and forwarded to the Treasurer's Office on check request x25360231 in court 1x.

39
08-01-2008
Notes
Additional Text:
Journal Voucher #JV200 33968 crediting the District Attorneys office $452.50 for travel costs of witness Timothy M on 04-21-08. Copy in file.pg

40
08-07-2008
Notice of intent to pursue post-conviction relief
Additional Text:
COPY OF NOTICE OF INTENT, court record sheet and judgment of conviction forwarded to the State Public Defender's Office in Madison (NOI was rcvd and filed in BR 2 on 07-18-08. Just received for processing today) nw

41
08-20-2008
Exhibit
Additional Text:
Exhibits received and inventoried this date. FC 34. jew

42
09-24-2008
Notes
Additional Text:
Copy of entire court file forwarded to MARTIN E. KOHLER, ATTORNEY AT LAW. DTL

43
10-03-2008
Transcript
Additional Text:
Certification of transcript of proceedings commencing APRIL 21, 2008 - MOTION TO WITHDRAW AND SUBSTITUTION OF JUDGE received and filed. (Pages 6) Copy of transcript forwarded to: MARTIN E. KOHLER, 735 N. WATER ST., STE 1212, MILW. WI. 53202-4105./CM

44
10-07-2008
Transcript
Additional Text:
Original Transcript (*36 pages) commencing *JULY 18, 2008 - SENTENCING received and filed./CM

45
10-07-2008
Transcript
Additional Text:
Certification of transcript of proceedings commencing MARCH 18, 2008 -- MOTION TO SUPPRESS received and filed. (Pages 86) Copy of transcript forwarded to: MARTIN KOHLER, 735 N. WATER ST., STE. 1212, MILW., WI. 53002-4105./CM

46
10-28-2008
Supreme Court decision filed
Additional Text:
per order dated October 27, 2008 filing fee has not been paid; the petition for review is dismissed. 2008AP001109W. tf

47
11-11-2008
Transcript
Additional Text:
Certification of transcript of proceedings commencing DECEMBER 28, 2008 - PRELIMINARY HEARING received and filed. (Pages 29) Copy of transcript forwarded to: MARTIN KOHLER, 735 N. WATER ST., MILW., WI. 53202./CM

48
11-21-2008
Notes
Additional Text:
per court of appeals order dated 11/19/08 the deadline for Court Reporter, Nelson, to file transcripts in this matter is extended thru 1/9/08. mc

49
01-02-2009
Transcript
Additional Text:
Original Transcript (1 page) commencing 12-30-2008 MOTION received and filed. vk

50
01-09-2009
Notes
Additional Text:
Court of Appeals order dated January 6, 2009 the deadline for defendant to file transcripts in this matter is extended thru March 10, 2009. tf

51
01-30-2009
Transcript
Additional Text:
Certification of transcript of proceedings commencing 4-22-2008 JURY TRIAL, received and filed. (149 Pages) Copy of transcript forwarded to: ATTY. CRAIG POWELL 735 N. WATER ST., STE 1212 MILWAUKEE, WI 53202 XXX - PUBLIC DEFENDER APPOINTMENT

52
01-30-2009
Transcript
Additional Text:
Certification of transcript of proceedings commencing 4-24-2008 JURY TRIAL, received and filed. (181 Pages). tmr Copy of transcript forwarded to: ATTY. CRAIG POWELL 735 N. WATER ST., STE 1212 MILWAUKEE, WI 53202 XXX - PUBLIC DEFENDER APPOINTMENT

53
03-20-2009
Transcript
Additional Text:
Certification of transcript of proceedings commencing 04/23/08 - JURY TRIAL received and filed. (135 Pages) Copy of transcript forwarded to ATTY. MARTIN KOHLER, 735 N. WATER ST, STE. 1212, MILW, WI 53202-4105.

54
03-20-2009
Transcript
Additional Text:
Certification of transcript of proceedings commencing 04/25/0/ - JURY TRIAL received and filed. (9 Pages) Copy of transcript forwarded to ATTY. MARTIN KOHLER, 735 N. WATER ST. STE. 1212, MILW, WI 53202-4105.

55
03-20-2009
Transcript
Additional Text:
Certification of transcript of proceedings commencing 04/21/08 - JURY TRIAL received and filed. (157 Pages) Copy of transcript forwarded to ATTY. MARTIN KOHLER, 735 N. WATER ST. STE. 1212, MILW, WI 53202-4105.

56
03-20-2009
Transcript
Additional Text:
Certification of transcript of proceedings commencing 01/25/08 - WITHDRAWAL OF ATTORNEY received and filed. (5 Pages) Copy of transcript forwarded to ATTY. MARTIN KOHLER, 735 N. WATER ST, STE 1212, MILW, WI 53202-4105.

57
05-20-2009
Notice of appeal
Additional Text:
filed. mc

58
05-22-2009
Notice of appeal transmittal
Additional Text:
Copy of Notice of Appeal and a copy of the docket entries transmitted to the Court of Appeals. mc

59
07-06-2009
Transmittal of record to court of appeals
Additional Text:
original record transmitted to the court of appeals by mail. Last page No. 51. Appeal No. 2009AP1332CR. tf

60
05-04-2010
Court of Appeals decision & order affirming
Additional Text:
the Judgment of Conviction of the Circuit Court, per Decision and Order dated May 4, 2010, Appeal 2009AP1332CR.mg

61
06-08-2010
Notes
Additional Text:
Petition for Review by the Supreme Court has been filed on Appeal #: 2009AP001332 CR by Attorney: Craig S. Powell per notice dated: 6-7-10. jd

62
09-23-2010
Remittitur/Court of Appeals dec & order affirming
Additional Text:
judgment per remittitur dated September 22, 2010. 2009AP1332CR. tf

63
09-24-2010
Supreme Court decision & order
Additional Text:
dated September 21, 2010, Appeal 2009AP1332CR, the petition for review is denied, without costs.mg