Original Transcript (63 pages) commencing 12-07-2012 SENTENCING HEARING received and filed.

COPY OF NOTICE OF INTENT, court record sheet and judgment of conviction forwarded to the State Public Defender's Office in Madison.mg

NOTICE OF INTENT TO PURSUE POST-CONVICTION RELIEF RECEIVED AND FILED ON December 27, 2012.mg

Request for payment of $17 witness fees for witness D.W. processed and forwarded to the Treasurer's Office on check request x26139412 in court 1x.

Request for payment of $17 witness fees for witness B.W. processed and forwarded to the Treasurer's Office on check request x26139411 in court 1x.

Request for payment of $17 witness fees for witness S.M. processed and forwarded to the Treasurer's Office on check request x26139410 in court 1x.

Request for payment of $17 witness fees for witness L.M.F. processed and forwarded to the Treasurer's Office on check request x26139409 in court 1x.

Request for payment of $17 witness fees for witness P.L. processed and forwarded to the Treasurer's Office on check request x26139408 in court 1x.

Request for payment of $17 witness fees for witness D.K. processed and forwarded to the Treasurer's Office on check request x26139407 in court 1x.

Request for payment of $17 witness fees for witness S.H. processed and forwarded to the Treasurer's Office on check request x26139406 in court 1x.

Request for payment of $17 witness fees for witness M.G. processed and forwarded to the Treasurer's Office on check request x26139405 in court 1x.

Request for payment of $17 witness fees for witness R.E. processed and forwarded to the Treasurer's Office on check request x26139404 in court 1x.

Request for payment of $17 witness fees for witness R.C. processed and forwarded to the Treasurer's Office on check request x26139403 in court 1x.

Request for payment of $17 witness fees for witness J.B. processed and forwarded to the Treasurer's Office on check request x26139402 in court 1x.

Request for payment of $17 witness fees for witness R.B. processed and forwarded to the Treasurer's Office on check request x26139401 in court 1x.

Payment of witness fees from DA's victim/witness dept. for R.B., J.B., R.C., R.E., M.G., S.H., D.K., P.L., L.M.F., S.M., B.W., and D.W. for 1 appearance each.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. James Griffin appeared for the State of Wisconsin. Presentence report reviewed. Statements made as to sentencing by both counsel and Defendant. AS TO COUNT 1: COURT SENTENCED Defendant to a MAXIMUM TERM OF IMPRISONMENT of 4 YEARS, with credit for 0 days time served; the INITIAL TERM OF CONFINEMENT in the Wisconsin State Prison System is 2 YEARS; the MAXIMUM TERM OF EXTENDED SUPERVISION is 2 YEARS. Defendant REMANDED into the custody of the Milwaukee County Sheriff's Department. Defendant IS NOT eligible for the Challenge Incarceration Program. Defendant IS eligible for the Wisconsin Substance Abuse Program. CONDITIONS AS TO EXTENDED SUPRVISION ARE AS FOLLOWS: * No new law violations reaching the level of a probable cause finding. * Cooperate with agent. * Pay costs and surcharges up to 25% of prison wages with balance due prior to the end of the extended supervision. Failure to pay shall result in a Civil Judgment with tax intercept. * ABSOLUTE SOBRIETY. * Random urine screens. No association with drug users, drug dealers, drug houses, or drug dealing. * Restitution $51,232.00 to be paid up to 25% if prison wages with balance due prior to the end of the extended supervision. Failure to pay shall result in a Civil Judgment with tax intercept. * MUST provide a DNA sample and pay DNA costs up to 25% of prison wages with balance due prior to the end of the extended supervision. Failure to pay shall result in a Civil Judgment with tax intercept. * As a convicted felon Defendant shall NEVER be in possession of any firearms or weapons. * Defendant shall not vote until civil rights are restored. Received and filed with court: * Notice of Right to Seek Postconviction Relief Form * Ineligible Voting Notice and Acknowledgement Form

Addendum Report received and filed with court.

Received and filed with court.

Journal Voucher #200 48185 crediting the District Attorneys Office $552.70 for witness fees for S.R. on 10/09/12. Copy in file. LM

Journal Voucher #261382 forwarded to Accounts Payable on 10/30/12 in the amount of $34.80 for witness G.L. testimony on 10/09/12. Copy in file. Journal Voucher #261384 forwarded to Accounts Payable on 10/30/12 in the amount of $20.40 for witness J.J. testimony on 10/08/12. Copy in file. Journal Voucher #261385 forwarded to Accounts Payable on 10/30/12 in the amount of $30.00 for witness N.O. testimony on 10/09/12. Copy in file. Journal Voucher #261383 forwarded to Accounts Payable on 10/30/12 in the amount of $34.00 for witness R.R. testimony on 10/10/12. Copy in file. Journal Voucher #261386 forwarded to Accounts Payable on 10/30/12 in the amount of $26.80 for witness S.S. testimony on 10/10/12. Copy in file. LM

Exhibits received and inventoried this date. BOX 573

Request for payment of $17 witness fees for witness T.N. processed and forwarded to the Treasurer's Office on check request x26132515 in court 1x.

IT IS HEREBY ORDERED that the Milwaukee County Clerk of Circuit Court, pursuant to Wisconsin Stats. 885.09, shall pay reimburse the district Attorney's Office, agency 450, org unit 4501, appropriation unit 4500SV, account # 6815, activity D1G2 by an Advantage journal voucher crediting $552.80, for expenses incurred by witness S.R., while serving as a non resident State's witness at said trial. Order received, signed, and filed with court.

Kavanaugh, Kevin D.

ADDRESS INFO for Kevin D. Kavanaugh Current: 4322 S Kinnickinnic Avenue, Cudahy, WI 53110 United States (Effective: 10-15-2012) Prior: 3949 E. Mallory Ave., Cudahy, WI 53110

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. At the hour of 04:15 pm the jury returned and, by their foreperson, brought in a verdict of GUILTY as to Count 1 Theft - Business Setting >$10,000 of 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. Case adjourned for Sentencing in Branch 32. Court ordered a PSI. State requesting a remand. Defense objects. Denied by the Court. Sentencing hearing scheduled for December 7, 2012 at 08:30 am.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury in box at 01:36 pm. Court instructed jury. Closing arguments by State and Defense. Jury out of box at 02:23. Jury in box at 02:27 pm. Court charged the jury. Alternate juror selected by lot and released. Jury retired at the hour of 02:56 pm to deliberate in the charge of Sheriff's Deputies Debra Flower and Daniel Klatkiewicz who were duly sworn for that purpose.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury in box at 09:03 am. Continuation of Defense witness: 3). Candace K. 4). William J. 5). George F. Exhibits 63, 64, 66, 68, 72 offered, marked and received into evidence. Court instruct the jury. Jury out of box at 10:17 am. Discussions held outside the presence of the jury. Jury in box at 10:36 am. 6). David B. Jury out of box at 11:17 am. Jury in box at 11:24 am. Side bar. Jury out of box at 11:32 am. Discussions held outside the presence of the jury. Defense motion of an acquittal at close of evidence argued and denied by the court. Jury in box at 11:36 am. Defense rests. State and Defense rest. Testimony closed. Court adjourned the Jury Trial for the lunch hour. Court ordered jury back from lunch at 01:30 pm. Jury out of box at 11:37 am. Discussions held outside the presence of the jury.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury in box at 09:25 am. Continuation of State's witness: 24). Aaron W. Court instruct jury. Jury out of box at 10:19 am. Jury in box at 10:43 am. Exhibits 8, 15, 25, 26, 27, 28, 29, 31, 32, 34, 39, and 85 offered, marked and received into evidence. Court instruct the jury. Court adjourned the Jury Trial for the lunch hour. Court ordered jurors back at 01:30 pm. Jury out of box at 11:46 am. Jury in box at 01:51 pm. Jury out of box at 02:42 pm. Exhibits 5, 8(a), 35, 52, 67, 69, 70, 71, 82, 90, 91, and 93. Discussions held outside the presence of the jury. Jury in box at 03:08 pm. State rests subject to rebuttal. Jury out of box at 03:25 pm. Defense motion for directed verdict at close of State's case denied by the Court. Jury in the box at 03:31 pm. Sworn for Defense: 1). Darcie G. 2). Kelly P. 3). Candace K. Court instruct the jury. Court adjourned the Jury Trial for the evening. Court ordered jurors back on 10-12-2012 at 09:00 am in Branch 32. Jury out of box at 04:41 p.m. Discussions held outside the presence of the jury.

Witness fee request prepared for T.N. for 1 appearance.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury in box at 01:35 pm. Continuation of Sworn witness 23). Gregory J. Court instruct the jury. Jury out of box at 02:23 pm. Jury in box at 02:50 pm. Jury out of box at 03:27 pm. Jury in box at 03:35 pm. 24). Aaron W. Exhibits 4, 7, 11, 31, 33, 41, 61, 62, 65, 78, and 79 offered, marked, and received into evidence. Court instruct the jury. Court adjourned the Jury Trial for the evening. Court ordered jurors back at 10-11-2012 at 09:00 am. Jury out of box at 03:56 pm.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury in box at 09:05 am. Sworn for the State: 16). Paul L. 17). Robert B. 18). Jeremy B. 19). Robert C. Court instruct the jury. Jury out of box at 10:03 am. Discussions held outside the presence of the jury. Jury in the box at 10:33 am. 20). Sherri S. 21). Regina E. 22). Nancy O. Side bar. Stipulations were read in before the jury. State recalled witness 16). Paul L. Exhibits 3 and 83 offered, marked and received into evidence. Court instruct the jury. Court adjourned the Jury Trial for the lunch hour. Court ordered jurors back at 01:25 pm. Jury out of box at 11:52 am.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury in box at 01:21 pm. Sworn for the State: 9). Stephen R. 10). Dr. Kenneth L. 11). Jeffrey J. Court instruct the jury. Jury out of box at 02:26 pm. Jury in box at 02:41 pm 12). Susan M. 13). Dalene W. 14). James K. 15). Brian W. Court instruct the jury. Jury out of box at 03:56 pm. Discussions held outside the presence of the jury. Jury in box at 04:13 pm. Exhibits 10, 11, 12, 13, 21, 24, 31, 33, 36, 37, 38, 43, 44, 55, 56, 80, 81, 87, 88, and 89 offered, marked and received into evidence. Court instruct the jury. Court adjourned the Jury Trial for the evening. Court ordered jurors back on 10-10-2012 at 09:00 am in Branch 32. Jury out of box at 04:48 pm.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury in box at 09:11 am. Continuation of trial. Continuation of State's witness 2). David B. Sworn for the State: 3). Mark G. Court instruct the jury. Jury out of box at 10:11 am. Discussion held outside the presence of the jurors. Court struck juror for cause. Jury in box at 10:33 am. Sworn for the State: 4). Claire R. 5). David K. 6). Roy Rogers. Jury out of box at 11:31 am. Jury in box at 11:37 am. Sworn for the State: 7). Lydia M-F. 08). Sandi H. Court instruct the jury. Court adjourned the Jury Trial for the lunch hour. Court ordered jurors back at 01:15 pm. Jury out of box at 11:52 am. Exhibits 6. 9, 16, 17, 18, 19, 49, 50, 51, 53, 54, 58, 60, 85, 86, 94, 95, 96, and 97.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Continuation of Voir Dire. Panel in box at 01:31 pm. Panel out of box at 02:12 pm. Discussions held outside the presence of the jury panel. Jury in box at 02:33 pm. Fourteen (14) good and lawful citizens of the County of Milwaukee, WI qualified to serve as jurors in the above entitled cause were duly impanelled and sworn. Jury list received and filed. Court ordered witnesses sequestered. Court instructed jury. Opening statements by State. Jury out of box at 03:22 pm. Jury in box at 03:38 pm. Opening statements by Defense. Trial proceeded. Sworn for the State: 1). Thomas N., 2). David B. Exhibits 1, 20, 21, 22, 23, 24, 48, 51, 53, 54, 60, and 94 offered, marked and received into evidence. Court instruct the jury. Court adjourned the trial for the evening. Court ordered jurors back on 10-09-2012 at 09:00 am. Jury out of box at 04:47 pm.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Jury panel in court. Voir dire proceeded at the hour of 10:45 am. Court adjourned voir dire for the lunch hour. Court instruct the panel. Court ordered panel back at 01:25 pm. Panel out of box at 12:00 pm.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg for appeared for the State of Wisconsin. On motion of the State Court AMENDED Count 1 from Theft-Business Setting >10,000; Count 2, 3, 4, and 5 Fraudulent Writings/By Corp. Officer to Theft (Embezzlement) (Value Exceeding $10.000) under Wisconsin Stats. 943.20(1)(b) and (3)(c), 971.36(3), and 939.50(3)(g) a Class G Felony. Amended Information filed. Copy given to defense counsel who waived reading. Defendant pled not guilty. Parties are prepared to proceed with a Jury Trial.

Supplement To State's Witness List received and filed with court.

State's Requested Jury Instructions received and filed

Received and filed with court.

Supplement To State's Witness List received and filed with court.

Supplement To State's Witness List Witness List received and filed with court.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley appeared for the State of Wisconsin. Parties are prepared to proceed with Jury Trial set for 10-08-2012 at 09:00 am. in Branch 32.

Received and filed with court.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley appeared for the State of Wisconsin. Case adjourned for a Final Pretrial Hearing in Branch 32. COURT WILL RETAIN FILE. Final pre-trial scheduled for September 7, 2012 at 08:30 am.

State's Witness List received and filed with court.

Received and filed in court.

Kavanaugh, Kevin D.

Attorney Christopher Hartley in court. Kurt Benkley appeared for the State of Wisconsin. Parties are informed the case is assigned to Judge Guolee Branch 32. Scheduling orders signed and filed. Case is adjourned for final pretrial on 9-4-12 at 8:30 a.m. and 10-8-12 at 10:00 a.m. in Branch 32. Jury trial scheduled for 10-08-2012 at 10:00 am.

Kavanaugh, Kevin D.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley appeared for the State of Wisconsin. Defense moves to have the Court recuse itself from this case and, for reasons stated on the record, the Court denies the motion. Attorney Hartley informs he has received about 8,000 pages of discovery and requests a final pretrial and jury trial in late summer. Case adjourned for status on 5-4-12 at 8:30 a.m. in Branch 19 and the Court excuses the appearance of the defendant for this date. File to remain in courtroom until the next court date. Status conference scheduled for 05-04-2012 at 08:30 am.

Kavanaugh, Kevin D.

$ 0.00

COURT ORDERED DEFENDANT REMANDED TO THE JUDGE ON RETURN OF THE BENCH WARRANT.

Attorney Christopher Hartley in court. Kurt Benkley and Hannah Kolberg appeared for the State of Wisconsin. Deputy Court Clerk: bm Status Conference held. Attorney Hartley informs the Court Defendant is currently hospitalized. Defendant failing to appear, Court ordered a bench warrant issued but stayed the issuance until April 18, 2012 at 8:30 am. Court informs the parties if matter does not resolve on the next date, trial will be scheduled. Calendar call scheduled for April 18, 2012 at 08:30 am.

Kavanaugh, Kevin D.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley appeared for the State of Wisconsin. Discovery has been turned over. Status conference scheduled for 03-12-2012 at 08:30 am.

Kavanaugh, Kevin D.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Kurt Benkley and Hanna Kolberg appeared for the State of Wisconsin. Defendant waived Preliminary Hearing. Preliminary Hearing Questionnaire and Waiver received and filed. Court found probable cause and bound defendant over for trial. Defendant is advised that this case is assigned to Judge Cimpl Branch 19. Original Information filed. Copy given to defense counsel who waived reading. Court enters a not guilty plea on behalf of the defendant. Court ordered case adjourned for Scheduling Conference on January 30, 2012 at 8:30 a.m. in Branch 19. css

Kavanaugh, Kevin D.

$ 20000.00

As a condition of bail no possession of dangerous weapons or firearms. Defendant advised it is a requirement to attend all future court proceedings. Failure to comply with conditions of bail may result in an additional charge of bail jumping.

Defendant Kevin D. Kavanaugh in court with attorney Christopher Hartley. Defendant Kevin D. Kavanaugh in custody. John Chisholm and Bruce Landgraf appeared for the State of Wisconsin. Deputy Court Clerk tmr . Defendant is advised this case is assigned to Judge Cimpl, Branch 19. 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. DEFENDANT HAS RETAINED PRIVATE COUNSEL. Case is adjourned for preliminary hearing in Branch PE. Preliminary hearing scheduled for January 13, 2012 at 01:30 pm.

Kavanaugh, Kevin D.

Defendant in Custody, Court appearance today in Intake Court, Room 137A.

Arrest Warrant received from the D.A.'s office on filing date of Criminal Complaint.

Kavanaugh, Kevin D.

$ 0.00