State of Wisconsin vs. Brian B Pierick

Waukesha County Case Number 2012CF000022

Court Record Events

Date
Event
Court Official
Court Reporter
1
04-30-2013
Amended judgment of conviction
Haughney, Patrick C.
Additional Text:
Community Service completed as ordered.

2
04-25-2013
Letters/correspondence
Additional Text:
request for copies with enclosed check, received and filed by Elizabeth Barbarick

3
04-08-2013
Letters/correspondence
Additional Text:
Deft. has completed more than 50 hours community service filed by Atty. Maura McMahon--Dated 4-7-13

4
02-18-2013
Judgment of conviction
Haughney, Patrick C.

5
02-14-2013
Receipt
Amount
$ 0.00
Additional Text:
Deft. has received passport back

6
02-14-2013
Cash bond applied
Amount
$ 985.00
Additional Text:
13A 002994

7
02-14-2013
Dispositional order/judgment
Haughney, Patrick C.

8
02-14-2013
Cash bond applied
Amount
$ 15.00
Additional Text:
13A 002989

9
02-14-2013
Victim impact statement
Haughney, Patrick C.
Grauer, Christine

10
02-14-2013
Appeal rights/info on postconviction relief
Haughney, Patrick C.
Grauer, Christine

11
02-14-2013
Sentencing hearing
Haughney, Patrick C.
Grauer, Christine
Additional Text:
Defendant Brian B Pierick in court with Attorney Maura A McMahon. Sarah V Lewis appeared for the State of Wisconsin. Court inquires of the packet of materials that were presented at the motion hearing and the picture. Both sides indicate to the court who is being referred to in the photo. Parties are ready to proceed with sentencing. State made sentencing comments and recommendation for a fine and community service. State gives/reads a brief summary of the victim impact statement done in letter form the victim's mother. Attorney McMahon made sentencing comments and recommendation for a fine and community service. Defendant made statements to the court. Court orders the following: - Court imposed a fine of $2,148.00 - APPLY CASH BAIL. Balance of the fine shall be paid at the rate of $100.00 per month beginning 4-1-13. - 50 hours of community service to be completed by 6-15-13 and if not completed the court will imposed an alternate of 10 days straight time. State indicates they will monitor the community service they will notify the court and if not completed the court will set the matter for a hearing to imposed the jail sentence. NOT DONE ON THE RECORD - COURT WILL ALLOW THE PASSPORT TO BE RETURNED TO THE DEFENDANT.

12
01-25-2013
Other papers
Additional Text:
Preliminary Juror Instructions

13
01-25-2013
Examining psychologist's report

14
01-25-2013
Amended information

15
01-25-2013
Plea questionnaire, waiver of rights

16
01-25-2013
Charge amended

17
01-25-2013
Notice of hearing
Additional Text:
Sentencing hearing on February 14, 2013 at 08:30 am.

18
01-25-2013
Plea hearing
Haughney, Patrick C.
DeMent, Susan
Additional Text:
Defendant Brian B Pierick in court with attorney Maura A McMahon. Sara Lewis appeared for the State of Wisconsin. The State filed an Amended Information. We are here today to address continuing motions. Parties have resolved the matter. The State moves to amend Count 1 to a misdemeanor charge of contributing to the delinquency of a minor under 948.40(1). Statements by counsel. The Court will grant the request to amend Count 1 to a misdemeanor, finding it appropriate. Count 2 would be dismissed outright. The Defendant entered a no contest plea to Count 1 as amended, and the Court found the Defendant guilty. Count 2 is dismissed. Matter will be set for sentencing. Defendant to complete 50 hours of community service by the date of sentencing. The Defendant has undergone an evaluation, and sex offender treatment is not recommended. Atty McMahon asks that the psychological evaluation be sealed. No objection by the State. The Court will order that the evaluation be sealed. Sentencing hearing scheduled for February 14, 2013 at 08:30 am.

19
01-23-2013
Notice of hearing
Additional Text:
Motion hearing on January 25, 2013 at 02:00 pm.

20
01-22-2013
Witness list - plaintiff
Additional Text:
State's Witness List, received and filed by the State

21
01-22-2013
Notice
Additional Text:
State's Notice of Expert Testimony: City of Milwaukee Police Detective Doreen Ducharme, received and filed by the State.

22
01-22-2013
Notice
Additional Text:
State's Notice of Expert Testimony; FBI Agent Matthew Petersen, received and filed by the State.

23
01-22-2013
Motion in limine
Additional Text:
State's Motions in Limine, received and filed by the State.

24
01-22-2013
Other papers
Additional Text:
Search Warrant packet, received and filed by the State.

25
01-22-2013
Other papers
Additional Text:
Power Point Presentation received and filed by the State - COURT ORDERS THE DOCUMENT TO BE SEALED.

26
01-22-2013
Motion hearing
Haughney, Patrick C.
Villwock, Gail
Additional Text:
Defendant Brian B Pierick in court with Attorney Maura A McMahon. Sarah V Lewis appeared for the State of Wisconsin. Court goes through the motions that have been filed for todays proceedings. State indicates there are a few motion in limine motions and the State's witness list notice of expert witness testimony and other filings. Attorney McMahon indicates that is correct and responds regarding the filings that the State has filed in court today. Court inquires of the the proposed powerpoint that may need to be sealed. The state is requesting the court seal that information. Attorney McMahon is not objecting. Court inquires as to what the parties will present at to the jury initially. State responds and lists the main witnesses and what she is seeking to introduce as other acts evidence and what she intends to prove. Attorney McMahon indicates portions of this has been given as discovery and some portions have not been given. State made a further record regarding the filings. Attorney McMahon responds regarding the testimony of the victim David R. with specifics. Attorney McMahon made a further record regarding may need additional time to go through this information with her client as she does not wish to be all over the board. Court will continue with the search warrant challenge. Court will bring the matter back on 1-25-13 @ 2pm Attorney McMahon made arguments regarding the Search Warrant being insufficient. State responds and indicates the affidavit has specific information that makes it sufficient. Attorney McMahon responds again in regards to the Search Warrant and that accounts/phones were not in regards to her client. Court denied the motion to suppress and is satified there was probable cause for the Search Warrant. Court addresses the jury issues and change the jury status. Attorney McMahon indicates that the John Doe needs to be addressed and there has been publicity and this needs to be addressed at voir dire. Both sides agree that it needs to be addressed. Court inquires of the number of days that this trial should talk. Parties both agree that this should be done in 4 days. Discussion is held with the parties regarding specific questions that may be or will be asked during voir dire. Court addresses the Daubert/expert motion. Attorney McMahon made arguments regarding the expert and that there is sufficient expertise for the expert witness that it is gut not method with regards to Detective Doreen Ducharme. In regards to the FBI Special Agent, Matthew Peterson testifying to just the information being removed from the phone then that is different than offering an opinion. State responds and indicates she does not object avoiding using specific language. Court indicates this will be addressed on Friday afternoon. State's motion in limine #1: Granted #2: Court grants the one court officer sit with the State. #3: Granted #4-6 Court will address if needed. #7: Granted #8 Denied at this time. #9: Granted #10: Court will rule as appropriate #11: Granted #12-14: Will be addressed on 1-25-13. Court gives instructions to the parties that counsel be present in the courtroom each day by 8:15. Court will break and continue motions to 1-25-13. Discussion is held regarding numbers of jurors and alternates. Court adjourns. Motion hearing scheduled for January 25, 2013 at 02:00 pm.

27
11-14-2012
Notice of hearing
Additional Text:
Motion hearing on January 22, 2013 at 02:30 pm.

28
11-06-2012
Notice of hearing
Additional Text:
Motion hearing on January 2, 2013 at 03:00 pm.

29
10-22-2012
Motion
Additional Text:
Motion to Suppress Evidence.

30
10-22-2012
Motion
Additional Text:
Motion to Suppress Evidence.

31
10-22-2012
Motion
Additional Text:
To Admit Evidence

32
09-27-2012
Notice of hearing
Additional Text:
Jury trial - 12 person on February 5, 2013 at 08:30 am.

33
09-27-2012
Notice of hearing
Additional Text:
Jury trial - 12 person on February 1, 2013 at 08:30 am.

34
09-27-2012
Notice of hearing
Additional Text:
Jury trial - 12 person on January 31, 2013 at 08:30 am.

35
09-27-2012
Notice of hearing
Additional Text:
Jury trial - 12 person on January 30, 2013 at 08:30 am.

36
09-27-2012
Notice of hearing
Additional Text:
Jury trial - 12 person on January 29, 2013 at 08:30 am.

37
09-27-2012
Notice of hearing
Additional Text:
Jury status hearing on January 24, 2013 at 01:30 pm.

38
09-27-2012
Motion
Additional Text:
Motion for adjournment of jury trial

39
09-27-2012
Exhibit list

40
09-27-2012
Motion hearing
Haughney, Patrick C.
Grauer, Christine
Additional Text:
Defendant Brian B Pierick in court with attorney Maura A McMahon. Sarah V Lewis appeared for the State of Wisconsin. Court inquired if parties are ready to proceed with motion to suppress statements. Attorney McMahon gives an update as to the specifics of the motion. Parties waive an opening statement. Robert Stelter, investigator from Milwaukee District Attorney's Office, sworn. Direct examination by the State. Exh. 1 and 2 are marked. Cross examination by Attorney McMahon. Re-direct by the State. Exh. 1 and 2 are offered and received. Court has the CD to be played. Court receives Exh. 1 and 2. Defendant, sworn. Direct examination by Attorney McMahon. Exh. 3 is marked. Cross examination by the State. Re-direct by Attorney McMahon. Exh. 3 is offered and received. State made closing argument. Attorney McMahon made closing argument. Court made a specific record and denied the motion to suppress. Court then addresses the motion to adjourn the jury trial filed by the State. State made oral arguments for adjournment. Attorney McMahon would prefer not to have it adjourned but was made aware when the trial was set orginally that this date may cause a problem. Court will grant the request for an adjournment. Jury status hearing scheduled for January 24, 2013 at 01:30 pm.

41
08-13-2012
Notice of hearing
Additional Text:
Motion hearing on September 27, 2012 at 08:30 am.

42
08-13-2012
Notice of hearing
Additional Text:
Jury trial - 12 person on December 11, 2012 at 08:30 am.

43
08-13-2012
Notice of hearing
Additional Text:
Jury status hearing on December 3, 2012 at 01:30 pm.

44
08-13-2012
Amended signature bond signed
Haughney, Patrick C.
Amount
$ 7500.00

45
08-13-2012
Amended cash bond signed
Haughney, Patrick C.
Amount
$ 1000.00

46
08-13-2012
Cash bond conditions modified
Event Party
Amount
Pierick, Brian B
$ 1000.00
Additional Text:
COURT ORDERED A $1000.00 CASH BOND IN ADDITION TO A $7500.00 SIGNATURE BOND. Defendant to have no contact with the witness/victim listed in the criminal complaint, and no contact with any individual under the age of 18, Court will allow access to e-mail as long as he is assured that the person is over the age of 18 years of age, will allow internet access for work, employment, contacting family, contacting attorney, reviewing news media accounts, including access to blogs on the issue and access to the internet for financial use such as personal banking, paying bills, etc. Surrender his passport and not allow him to travel outside the United States.

47
08-13-2012
Signature bond conditions modified
Haughney, Patrick C.
Grauer, Christine
Event Party
Amount
Pierick, Brian B
$ 7500.00
Additional Text:
COURT ORDERED A $1000.00 CASH BOND IN ADDITION TO A $7500.00 SIGNATURE BOND. Defendant to have no contact with the witness/victim listed in the criminal complaint, and no contact with any individual under the age of 18, Court will allow access to e-mail as long as he is assured that the person is over the age of 18 years of age, will allow internet access for work, employment, contacting family, contacting attorney, reviewing news media accounts, including access to blogs on the issue and access to the internet for financial use such as personal banking, paying bills, etc. Surrender his passport and not allow him to travel outside the United States.

48
08-13-2012
Motion
Haughney, Patrick C.
Grauer, Christine
Additional Text:
to suppress statements

49
08-13-2012
Hearing
Haughney, Patrick C.
Grauer, Christine
Additional Text:
Defendant Brian B Pierick in court with attorney Maura A McMahon. Sarah V Lewis appeared for the State of Wisconsin. Court inquires of status. Attorney McMahon waives the arraignment and enters a NOT GUILTY plea to the charges. Attorney McMahon has motions prepared to file. Court will set the matter over for a jury trial. Court sets the matter over for motions. State is requesting a deadline for 10-22-12 for motions being filed. Court grants and sets that deadline. Attorney McMahon made oral arguments for bail modification regarding internet usage. State responds does not object to expanding the scope of internet usage for news media or work related but would oppose to general usage but the request is reasonable unless it is persons that he knows for certain that are over the age of 18 years of age. Court modifies condition of bail. Jury status hearing scheduled for December 3, 2012 at 01:30 pm. Jury trial - 12 person scheduled for December 11, 2012 at 08:30 am. Motion hearing scheduled for September 27, 2012 at 08:30 am.

50
08-10-2012
Notice of motion, motion
Additional Text:
For Bail Modification filed by Attorney McMahon

51
07-11-2012
Notice of hearing
Additional Text:
Hearing on August 13, 2012 at 08:30 am.

52
07-03-2012
Notice of hearing
Additional Text:
Preliminary hearing on April 20, 2012 at 10:00 am.

53
06-14-2012
Notice of hearing
Additional Text:
Hearing on July 30, 2012 at 10:00 am.

54
05-15-2012
Cash bond refunded
Amount
$ 1500.00

55
05-15-2012
Cash bond adjusted down
Event Party
Amount
Pierick, Brian B
$ 100.00

56
05-02-2012
Information
Additional Text:
received from Special Prosecutor Sarah Lewis.

57
04-20-2012
Amended cash bond signed
Amount
$ 1000.00

58
04-20-2012
Notice of hearing
Additional Text:
Arraignment on June 15, 2012 at 10:00 am.

59
04-20-2012
Signature bond signed
Amount
$ 9000.00
Additional Text:
amended

60
04-20-2012
Signature bond conditions modified
Pieper, Thomas J.
Event Party
Amount
Pierick, Brian B
$ 9000.00
Additional Text:
Defendant to have no contact with the witness/victim listed in criminal complaint, and no contact with any individual under the age of 18. The court will allow email contact to his curent email address for employment, work search and family members. He is to surrender his passport. $1,500.00 of cash bail previously posted to be returned to poster. MODIFIED CONDITIONS: He is allowed internet access for employment work search purposes ONLY. He is allowed to travel anywhere in the continental United States, however any travel beyond 10 days, he is to notify the state and the court of such travel. NOTE: Defendant to also sign amended cash bond of $1,000.00.

61
04-20-2012
Cash bond amended
Pieper, Thomas J.
Electronic Court Recording
Event Party
Amount
Pierick, Brian B
$ 1000.00
Additional Text:
Defendant to have no contact with the witness/victim listed in criminal complaint, and no contact with any individual under the age of 18. The court will allow email contact to his curent email address for employment, work search and family members. He is to surrender his passport. $1,500.00 of cash bail previously posted to be returned to poster. MODIFIED CONDITIONS: He is allowed internet access for employment work search purposes ONLY. He is allowed to travel anywhere in the continental United States, however any travel beyond 10 days, he is to notify the state and the court of such travel. NOTE: Defendant to also sign amended signature bond of $9,000.00.

62
04-20-2012
Waiver of preliminary hearing
Pieper, Thomas J.
Electronic Court Recording

63
04-20-2012
Hearing
Pieper, Thomas J.
Electronic Court Recording
Additional Text:
Defendant Brian B Pierick in court with Attorney Maura A McMahon. Sarah V Lewis appeared for the State of Wisconsin for District Attorney John Chisolm. Defendant waives his/her right to a Preliminary Hearing. Bound over. Arraignment date requested by Attorney Lewis before Judge Haughney. Attorney Mcmahon requests modification of bail. State does not object to bail modification request. Arraignment scheduled for June 15, 2012 at 10:00 am.

64
04-03-2012
Notice of hearing
Additional Text:
Preliminary hearing on April 20, 2012 at 10:00 am.

65
04-02-2012
Motion hearing
Haughney, Patrick C.
Grauer, Christine
Additional Text:
Defendant Brian B Pierick in court with Attorney Maura A McMahon. Sarah V Lewis appeared for the State of Wisconsin. Case called for de Novo hearing. Attorney McMahon makes statements. Attorney Lewis makes statements. Attorney McMahon makes additional arguments/statements, stating she does not believe that there is probable cause to show a felony was committed. Court denies Defendant's motion to dismiss and finds that probable cause does exist in the complaint. Court sets preliminary hearing. Bail motion filed by Attorney McMahon is deferred to next court date. Bail remains as fixed. Preliminary hearing scheduled for April 20, 2012 at 10:00 am.

66
03-30-2012
Motion
Additional Text:
Notice of Motion and Motion for Bail Modification, filed by Atty. McMahon.

67
03-16-2012
Notice of hearing
Additional Text:
Motion hearing on April 2, 2012 at 03:00 pm.

68
03-16-2012
Change of address notification
Event Party
Pierick, Brian B
Additional Text:
Party Address Sealed by Judge Haughney

69
03-16-2012
Order to seal party address
Haughney, Patrick C.
Event Party
Pierick, Brian B

70
03-16-2012
Letters/correspondence
Haughney, Patrick C.
Grauer, Christine
Additional Text:
Dated 3-16-12 from Atty. McMahon, updating the defendant's contact information. (SEALED)

71
03-16-2012
Hearing
Haughney, Patrick C.
Grauer, Christine
Additional Text:
Attorney Maura A McMahon in court. Defendant Brian B Pierick did not appear (his appearance was waived). Assistant District Attorney Sarah V Lewis appeared for the State of Wisconsin by telephone. Matter called for scheduling of Motion hearing. Defense counsel requests that the defendant's address be sealed. Court grants the request. Motion hearing scheduled for April 2, 2012 at 03:00 pm.

72
03-06-2012
Motion
Additional Text:
Motion for De Novo Hearing pursuant to 757.69(8), Wis. Stats. of the February 24, 2012 decision of Court Commissioner Thomas Pieper finding probable cause within the criminal complaint filed by Attorney McMahon

73
02-27-2012
Change of address notification
Event Party
Pierick, Brian B
Additional Text:
Party Address Sealed by Judge Haughney

74
02-24-2012
Notice of hearing
Additional Text:
Hearing on March 16, 2012 at 10:00 am.

75
02-24-2012
Oral ruling
Pieper, Thomas J.
Electronic Court Recording
Additional Text:
Defendant Brian B Pierick in court with attorney Maura A McMahon. Sarah V Lewis for District Attorney John Chisholm appeared for the State of Wisconsin. Case called for Oral Ruling on the Motion to Dismiss the Criminal Complaint. Court presents ruling and the Motion to Dismiss is denied for lack of probable cause. Matter continued for status of preliminary hearing or DeNova before the Circuit Court Judge. Bail remains as fixed Hearing scheduled for March 16, 2012 at 10:00 am.

76
01-26-2012
Notice of hearing
Additional Text:
Oral ruling on February 24, 2012 at 10:00 am.

77
01-26-2012
Hearing
Pieper, Thomas J.
Hyatt, Nancy
Additional Text:
Defendant Brian B Pierick in court with attorney Maura A McMahon. Sara Lewis Assistant District Attorney from Milwaukee County for District Attorney John Chisholm appeared for the State of Wisconsin. Case called for hearing. Atty. McMahon moves to dismiss case for lack of probable cause. Atty. Lewis objects to motion to dismiss. Court takes matter under advisement. Oral Ruling scheduled for February 24, 2012 at 10:00 am.

78
01-26-2012
Notice of motion
Additional Text:
Notice of Motion and Motin to Dismiss Criminal Complaint for Lack of Probable Cause

79
01-19-2012
Public defender order appointing counsel

80
01-12-2012
Notice of hearing
Additional Text:
Preliminary hearing on January 26, 2012 at 08:15 am.

81
01-12-2012
Signature bond signed
Amount
$ 7500.00
Additional Text:
amended

82
01-12-2012
Cash bond signed
Amount
$ 2500.00
Additional Text:
amended

83
01-12-2012
Signature bond conditions modified
Pieper, Thomas J.
Event Party
Amount
Pierick, Brian B
$ 7500.00
Additional Text:
ALONG WITH CASH BAIL OF $2500.00 Defendant to have no contact with the witness/victim listed in the criminal complaint, and no contact with any individual under the age of 18, the court will allow email contact to his current email address for employment, work search and family members but restrict use/access to the internet for all other means. He is to surrender his passport and no allow him to travel outside the United States. The court will permit defendant to travel outside the state of Wisconsin to Illinois, Minnesota, Iowa and Michigan only.

84
01-12-2012
Cash bond conditions modified
Pieper, Thomas J.
Event Party
Amount
Pierick, Brian B
$ 2500.00
Additional Text:
ALONG WITH SIGNATURE BOND OF $7500.00. Defendant to have no contact with the witness/victim listed in the criminal complaint, and no contact with any individual under the age of 18, the court will allow email contact to his current email address for employment, work search and family members but restrict use/access to the internet for all other means. He is to surrender his passport and no allow him to travel outside the United States. The court will permit defendant to travel outside the state of Wisconsin to Illinois, Minnesota, Iowa and Michigan only.

85
01-12-2012
Preliminary hearing
Pieper, Thomas J.
Electronic Court Recording
Additional Text:
Defendant Brian B Pierick in court with attorney Maura A McMahon. Sarah V Lewis appeared for the State of Wisconsin. Defense requests a new date. State has no objection. Court grants adjournment. Preliminary time limits waived. Atty McMahon requests a bail modification. State does not object to bail modifications. The court will modify bail conditions. Preliminary hearing scheduled for January 26, 2012 at 08:15 am.

86
01-09-2012
Receipt
Amount
$ 0.00
Additional Text:
Receipt of Passport signed by Timothy Russell as witness January 9, 2012.

87
01-06-2012
Cash bond posted
Amount
$ 900.00
Additional Text:
12R 001313

88
01-06-2012
Cash bond posted
Amount
$ 1600.00
Additional Text:
12R 001311

89
01-06-2012
Notice of hearing
Additional Text:
Preliminary hearing on January 12, 2012 at 03:00 pm.

90
01-06-2012
Cash bond signed
Amount
$ 2500.00

91
01-06-2012
Signature bond signed
Amount
$ 7500.00

92
01-05-2012
Order
Pieper, Thomas J.
Additional Text:
Special No contact order to go with bonds

93
01-05-2012
Amended complaint

94
01-05-2012
Letters/correspondence
Pieper, Thomas J.
Electronic Court Recording
Additional Text:
no contact order and additional conditions of bond signed

95
01-05-2012
Signature bond set
Pieper, Thomas J.
Electronic Court Recording
Event Party
Amount
Pierick, Brian B
$ 7500.00
Additional Text:
ALONG WITH CASH BAIL OF $2500.00. Defendant to have no contact with the witness/vitcim listed in the criminal complaint, and no contact with any individual under the age of 18, the court will enter order restricting use/access to the internet, not to use any divice to access the internet. Surrender his passport and not allow him to travel outside the United States.

96
01-05-2012
Cash bond set
Pieper, Thomas J.
Electronic Court Recording
Event Party
Amount
Pierick, Brian B
$ 2500.00
Additional Text:
ALONG WITH SIGNATURE BOND OF $7500.00. Defendant to have no contact with the witness/vitcim listed in the criminal complaint, and no contact with any individual under the age of 18, the court will enter order restricting use/access to the internet, not to use any divice to access the internet. Surrender his passport and not allow him to travel outside the United States.

97
01-05-2012
Warrant/Capias/Commitment canceled
Pieper, Thomas J.
Electronic Court Recording
Event Party
Pierick, Brian B

98
01-05-2012
Initial appearance
Pieper, Thomas J.
Electronic Court Recording
Additional Text:
Defendant Brian B Pierick in court, in custody, with attorney Richard D Martin as friend of the court. Attorney John T Chisholm appeared for the State of Wisconsin as special prosecutor. Preliminary Hearing requested within 10 days. Preliminary hearing scheduled for January 12, 2012 at 03:00 pm.

99
01-05-2012
Report
Additional Text:
Waukesha County Pretrial Screening Services Report by Wisconsin Community Services filed.

100
01-05-2012
Order
Haughney, Patrick C.
Additional Text:
Appointment of Special Prosecutor Under Chapter 978

101
01-05-2012
Order
Haughney, Patrick C.
Additional Text:
Order Permitting Use and Dissemination of John Doe Information and Materials-Brian B. Pierick

102
01-05-2012
Complaint with warrant filed
Haughney, Patrick C.
Event Party
Pierick, Brian B