State of Wisconsin vs. Kelly M. Rindfleisch

Milwaukee County Case Number 2012CF000438

Court Record Events

Date
Event
Court Official
Court Reporter
1
02-10-2014
Notes
Additional Text:
Court of Appeals order dated February 10, 2014 items in the supplemental record are unsealed and available for public inspection, subject to the limitation below. This order unsealing the items in the supplemental record is stayed until Wednesday February 19, 2014, at 9:00 a.m., to allow the record to be transferred for public inspection to the Office of the Clerk of the Court of Appeals at 110 E Main Street, Suite 215, Madison, WI 53701. When the stay of this order is lifted on Wednesday February 19, 2014, at 9:00 a.m., the Clerk of the Court of Appeals will make available to the public a certified copy of the supplemental record for inspection, including the data contained on a computer disc in the supplemental record. The Clerk may set appointments or issue parameter for the viewing of the data on the computer provided by the Clerks office in a way that facilities expedient public inspection, but minimizes disruption to the efficient functioning of the Clerk's office. Any person may request a copy of the supplemental record from the Clerk. Certified copies of the paper documents in the records are available for 40 cents per page. A certified copy of the computer disc in the record is available for $5.00, which is the approximate cost of reproduction. The Clerk's office will be accepting requests for copies beginning Thursday February 13, 2014, to be available for pick on Wednesday February 19, 2014, at 9:00 a.m. 2013AP362-CR. lb

2
02-04-2014
Notes
Additional Text:
Court of Appeals order dated February 4, 2013 Kelly Rindfleisch may review the supplemental record in the Office of the Court of Appeals, District I, 330 E. Kilbourn Ave., Ste. 1020, Milwaukee, WI 53202-3161. She may contact Diana Mantz, Judicial Assistant to Presiding Judge Patricia Curley, no later than three days from the date of this order to arrange a time to view the supplemental record, which includes thousands of electronic documents stored on a computer disc. Rindfleisch may submit to this court a list of specific documents in the supplemental return she believes should remain under seal no later than thirty days from the date of this order. The State's motion to extend the time for filing the response is retroactively granted. The motion for oral argument on the motion is denied as unnecessary. 2013AP362-CR. lb

3
12-11-2013
Transcript
Additional Text:
Certification of transcript of proceedings of SENTENCING HEARING commencing NOVEMBER 19, 2012 received and filed. (82 Pages.) Copy of transcript forwarded to Atty Kaivon Yazdani 7000 W North Avenue Wauwatosa, WI 53213.

4
10-25-2013
Notes
Additional Text:
Court of Appeals order dated October 23, 2013, Appeal 2013AP362CR, the motion for reconsideration is denied.mg

5
10-10-2013
Transmittal of record to court of appeals
Additional Text:
Original Record transmitted to the Court of Appeals by mail. Last Page No.91 Appeal No.13AP0362CR Copies of letters forwarded to all of the parties on today's date. cab

6
10-09-2013
Notes
Additional Text:
Court of Appeals order dated October 9, 2013, Appeal 2013AP362CR, the John Doe clerk shall file a supplemental return to include the order closing the John Doe no later than five days from the date of this order. cab

7
10-09-2013
Court of Appeals decision & order
Additional Text:
Dated October 9, 2013 from the Court of Appeals to supplement the record etc.

8
10-07-2013
Order of Court of Appeals
Additional Text:
dated October 3, 2013 the State shall file a response to the motion to seal the supplemental record no later than October 10, 2013. 2013AP362CR. tf

9
10-04-2013
Transmittal of record to court of appeals
Additional Text:
Original Supplemented Record transmitted to the Court of Appeals by mail. Last Page No. 88 Appeal No..13AP0362CR Copies of letters forwarded to all of the parties on today's date. cab

10
09-27-2013
Notes
Additional Text:
Court of Appeals order dated September 25, 2013, Appeal 2013AP362CR, the John Doe clerk shall file a supplementl return to include the above-listed items no later than fifteen days from the date of this order.mg

11
05-01-2013
Transmittal of record to court of appeals
Additional Text:
original record transmitted to the Court of Appeals by UPS this date. Last page NO. 85. Appeal No. 2013AP362CR. tf

12
02-12-2013
Notice of appeal transmittal
Additional Text:
Copy of Notice of Appeal, Check #076130 and a copy of the docket entries transmitted to the Court of Appeals.mg

13
02-12-2013
Notice of appeal
Additional Text:
filed. Check #076130 ($195 filing fee for the Court of Appeals) and Check #076131 ($20.00 filing fee for Milwaukee County) received. Check #076130 will be forwarded to the Court of Appeals.mg

14
12-20-2012
Transcript
Additional Text:
Certification of MOTION HEARING transcript of proceedings commencing 07/19/2012 received and filed. (21 Pages) Copy of transcript forwarded to KATHRYN KEPPEL c/o GIMBEL, REILLY, GUERIN & BROWN TWO PLAZA EAST 330 W. KILBOURN AVE., STE. 1170 MILWAUKEE, WI 53202

15
12-20-2012
Transcript
Additional Text:
Certification of PLEA HEARING transcript of proceedings commencing 10/11/2012 received and filed. (23 Pages) Copy of transcript forwarded to KATHRYN KEPPEL c/o GIMBEL, REILLY, GUERIN & BROWN TWO PLAZA EAST, STE. 1170 330 E. KILBOURN AVE. MILWAUKEE, WI 53202

16
12-18-2012
Notes
Hansher-42, David A.
Additional Text:
12-19-12 status conference is removed for Court's calendar.

17
11-28-2012
Notice of intent to pursue post-conviction relief
Additional Text:
Copy of Notice of Intent, court record sheet and judgment of conviction forwarded to Attorney Franklyn M. Gimbel, Two Plaza East, Suite 1170, 330 E. Kilbourn Ave., Milwaukee, WI. 53202.mg

18
11-27-2012
Notice of intent to pursue post-conviction relief
Additional Text:
NOTICE OF INTENT TO PURSUE POST-CONVICTION RELIEF RECEIVED AND FILED ON November 27, 2012.mg

19
11-27-2012
Judgment of conviction
Hansher-42, David A.

20
11-20-2012
Notes
Hansher-42, David A.
Additional Text:
Clerk spoke with ADA Bruce Landgraf and Attorney Frank Gimbel. Case is scheduled for a status as to the appeal on 12-19-12 at 8:30.

21
11-19-2012
Dispositional order/judgment
Hansher-42, David A.

22
11-19-2012
Received documents
Hansher-42, David A.
Additional Text:
CD Rom Disk, filed.

23
11-19-2012
Sentencing hearing
Hansher-42, David A.
Menzia, Kristin
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. Sentencing proceeds. Statements made by the State, defense counsel and defendant. Additional statements made by: Kathleen H. and Michael R. Court ordered sentence WITHELD. COURT STAYS sentence and places defendant on PROBATION for 3 YEARS. . DEFENDANT IS TO SERVE 6 MONTHS CONDITION TIME IN CUSTODY WITH RELEASE FOR WORK AND FAMILY HEALTHCARE. Court will STAY condition time pending appeal. CONDITIONS OF PROBATION/EXTENDED SUPERVISION: -standard rules of probation; -provide DNA sample if one has not previously been provided; -pay DNA surcharge; -pay all court costs, fees, and surcharges; failure to pay shall result in a civil judgment being entered. Court will allow probation and condition time to be transferred to Columbia County. Appeal rights given. Written Explanation of Determinate Sentence and Notice of Right to Seek Postconviction Relief received and filed. Acknowledgment of ineligibility Copies given to defendant. -- gmb

24
11-16-2012
Memorandum
Hansher-42, David A.
Additional Text:
State's Sentencing Memorandum, filed.

25
11-16-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
filed.

26
11-14-2012
Records scanned

27
11-13-2012
Memorandum
Hansher-42, David A.
Additional Text:
Defendant Kelly Rindfleisch's Sentencing Memorandum (with attachments), filed.

28
10-11-2012
Plea hearing
Hansher-42, David A.
Menzia, Kristin
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. AS TO COUNT 1 ONLY, Defendant changes plea to GUILTY. Defendant examined as to his plea, advised of his Constitutional rights and the maximum penalty. Court found that defendant freely, voluntarily and intelligently waived his rights. Plea questionnaire received and filed. Parties stipulate to the complaint as a factual basis to sustain defendant's plea. Court found defendant guilty as charged in the information and ordered a Judgment of Conviction be entered on the record. Defendant is advised she is a convicted felon and may not possess any firearms. Defendant is advised she is unable to vote in any election until civil rights are restored. Defendant further advised that if she is not a US citizen deportation is possible. Per plea negotiations, Court orders counts 2, 3, 4, dismissed and read in for sentencing. Sentencing hearing scheduled for 11-19-2012 at 01:30 pm.

29
10-09-2012
Notes
Hansher-42, David A.
Additional Text:
At the request of ADA Bruce Landgraf and with the agreement of Attorney Frank Gimbel, parties are requesting a plea hearing date. Plea hearing is scheduled for 10-11-12 at 1:30 pm.

30
10-09-2012
Records scanned

31
10-08-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
from ADA Bruce Landgraf amending State's Witness List, filed.

32
10-05-2012
Jury instructions
Hansher-42, David A.
Additional Text:
Defendant's Proposed Lesser Included Offense Instruction Violation of Ethical Duties as a Local Public Official, filed.

33
10-05-2012
Admission of service
Hansher-42, David A.
Additional Text:
Admission of Service of Trial Subpoena and Certificate of Appearance, filed.

34
10-03-2012
Response/reply
Hansher-42, David A.
Additional Text:
Defendant's Reply to State's Position Regarding Requested Modifications to Jury Instructions, filed.

35
10-03-2012
Motion
Hansher-42, David A.
Additional Text:
Defendant's Second Motion In Limine, filed.

36
10-02-2012
Witness list - defendant
Hansher-42, David A.
Additional Text:
Defendant Kelly M. Rindfleisch's Amended Witness List, filed.

37
10-02-2012
Court of Appeals decision & order
Additional Text:
dated October 2, 2012, Appeal 2012AP2107CRLV, the petition for leave to appeal is denied.mg

38
10-02-2012
Response/reply
Hansher-42, David A.
Additional Text:
State's Reply To Defendant's Motion In Limine To Exlude Statements, filed.

39
10-02-2012
Response/reply
Hansher-42, David A.
Additional Text:
State's Reply To Defendant's Request for Modifications to Jury Instruction 1732, Elements 2 & 3, filed.

40
09-28-2012
Witness list - defendant
Hansher-42, David A.
Additional Text:
filed.

41
09-26-2012
Notes
Additional Text:
Court of Appeals order dated September 26, 2012, Appeal 2012AP2107CRLV, the motion to stay circuit court proceedings pending dispostion of the petition for leave to appeal is denied at this time. The State shall file its response to the petition no later than 5:00 p.m. on Monday, October 1, 2012.mg

42
09-24-2012
Final pre-trial
Hansher-42, David A.
Menzia, Kristin
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. Court met with parties in chambers before calling case on the record. Court DENIED defense motion for stay pending appeal. Court will take under advisment and rule on motion to exclude statment and motion in limine on 10-11-12 at 8:30.

43
09-24-2012
Stipulation
Hansher-42, David A.
Additional Text:
Proposed Stipulations, filed.

44
09-21-2012
Other papers
Hansher-42, David A.
Additional Text:
Filed; -Defendant's Proposed Jury Instructions; -Brief Supporting Jury Instructions Submitted byt Defendant Kelly M. Rindleisch; -Defendant's Motion In Limine To Exclude Statements; -Defendant's Motion for Order Directing Use of Jury Questionaires and Individual Voir Dire; -Jury Questionnaire

45
09-20-2012
Other papers
Additional Text:
-State's Proposed Voir Dire Questionaire.

46
09-20-2012
Verdict
Additional Text:
-State's Proposed Verdict forms.

47
09-20-2012
Jury instructions
Additional Text:
-State's requested Jury Instructions.

48
09-20-2012
Witness list - plaintiff

49
09-20-2012
Other papers
Hansher-42, David A.
Additional Text:
Filed; -State's Witness List; -State's Requested Jury Instructions; -State's Proposed Verdict Forms; -State's Proposed Voir Dire Questionnaire.

50
09-14-2012
Order
Hansher-42, David A.
Additional Text:
Denying Defendant's Motion to Suppress Evidence Obtained Via Search Warrants, signed and filed.

51
09-12-2012
Court of Appeals decision & order
Additional Text:
dated September 11, 2012, Appeal 2012AP1806CRLV, the petition for leave to appeal is denied.mg

52
09-10-2012
Notice of motion
Hansher-42, David A.
Additional Text:
Notice of Motion and State's First Motion In Limine - Business Record Certificates, filed.

53
09-10-2012
Order
Hansher-42, David A.
Additional Text:
Order for Deposition in a Criminal Proceedings, signed and filed.

54
09-10-2012
Notes
Hansher-42, David A.
Additional Text:
Clerk spoke with ADA Bruce Landgraf and Atttorney Frank Gimbel. Final pretrial scheduled for 9-14-12 is rescheduled to 9-24-12 at 8:30 due to the Court being unavailable on 9-14-12.

55
09-07-2012
Motion
Hansher-42, David A.
Additional Text:
Defendant's Motion For Stay Pending Appeal, filed.

56
09-07-2012
Notice of motion, motion
Hansher-42, David A.
Additional Text:
Filed; -Notice of Motion and Motion to Take a Deposition in a Criminal Proceedings; -Affidavit; -PROPOSED Order for Deposition in a Criminal Proceeding.

57
09-04-2012
Notes
Hansher-42, David A.
Additional Text:
ADA Bruce Landgraf requesting a hearing for a criminal deposition as to Tim L. Hearing is scheduled for 10-11-12 at 8:30.

58
08-31-2012
Transcript
Hansher-42, David A.
Additional Text:
Received and filed: Original Transcript of Proceedings Decision commencing 8-21-12 (11 pages) and Certification of Filing Transcript.

59
08-27-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
filed.

60
08-21-2012
Motion hearing
Hansher-42, David A.
Menzia, Kristin
Event Party
Rindfleisch, Kelly M.
Additional Text:
Attorney Franklyn M Gimbel in court. Defendant's appearance is waive today's appearance only. Bruce J Landgraf appeared for the State of Wisconsin. As to the Other Acts Motion, defense is not opposing and the motion is GRANTED. Motion to Suppress Evidence is DENIED. State and Defense are to have Proposed Jury Instructions and Proposed Verdict Forms and Witness List submitted to the Court by 9-14-12. Final pretrial is scheduled for 9-14-12 at 8:30 and jury trial for 10-15-12 at 9:00 am. Final pre-trial scheduled for 09-14-2012 at 08:30 am.

61
08-20-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
(Brief), from ADA Bruce Landgraf, filed.

62
08-20-2012
Adjourned hearing
Hansher-42, David A.
Off the Record
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. Court did not recieve Defense's response until this morning. Motion hearing is adjourned to 8-21-12 at 1:30 for Motion To Suppress and Motion to Dismiss. Motion hearing scheduled for 08-21-2012 at 01:30 pm.

63
08-17-2012
Response/reply
Hansher-42, David A.
Additional Text:
Defendant's Reply Memorandum Supporting Motion to Suppress Evidence Obtained Via Search Warrants, filed.

64
08-17-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
filed.

65
08-16-2012
Notes
Additional Text:
A Petition for Leave to Appeal was filed with the Court of Appeals on August 14, 2012, Appeal 2012AP1806CRLV.mg

66
08-15-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
filed.

67
08-10-2012
Received documents
Hansher-42, David A.
Additional Text:
State's Notice of Intent to Use Certificates Pursuant to Wisconsin Statutes 909.02(12) and Wisconsin Supreme Court Order No. 04-09, 283 Wis. 2dxv, filed.

68
07-31-2012
Decision and order
Hansher-42, David A.
Additional Text:
It is ORDERED the defendant's motion to dismiss upon the grounds of Kastigar is denied. Order is signed and filed.

69
07-19-2012
Motion hearing
Hansher-42, David A.
Menzia, Kristin
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. Further arguments heard as to Kastigar Motion. Court will render a written decision within a week. Case is adjourned to 8-20-12 at 8:30 for Motions to Dismiss and Motion to Suppress.

70
07-19-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
from ADA Bruce Landgraf, filed.

71
07-18-2012
Received documents
Hansher-42, David A.
Additional Text:
Filed; -State's Response to Motion to Suppress; -Affidavit In Support of State's Response to Motion to Dismiss - Suppression Motion.

72
07-17-2012
Received documents
Hansher-42, David A.
Additional Text:
Wisconsin Supreme Court Decision, filed.

73
07-09-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
from Assistance Attorney General Kevin Potter, filed.

74
07-05-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
from Attorney Frank Gimbel, filed.

75
07-02-2012
Notes
Hansher-42, David A.
Additional Text:
ADA Bruce Landgraf and Attorney Ray Dall'osto for Attorney Frank Gimbel met with the Court in chambers to discuss scheduling as to motions. Oral arguments and decision as to the Kastigar Motion to be heard on 7-19-12 at 8:30 and oral arguments and decision as to Motion to Suppress and Other Acts Motion to be heard on 8-17-12 at 8:30 am.

76
06-27-2012
Letters/correspondence
Hansher-42, David A.
Additional Text:
dated 6-27-12 from Attorney Franklyn Gimbel, filed.

77
06-27-2012
Records scanned

78
06-26-2012
Received documents
Hansher-42, David A.
Additional Text:
Filed; -Defendant's Supplemental Motion to Dismiss - Kastigar and Breach of Nonprosecution Agreement; -Combined Memorandum: Reply Supporting Motion to Dismiss - Kastigar and memorandum Supporting Supplemental Motion to Dismiss -Kastigar and Breach of Nonprosecution Agreement; -Defendant's Motion to Suppress Evidence Obtained Via Search Warrants; -Defendant's Memorandum Supporting Motion to Suppress Evidence Obtained Via Search Warrants; -Affidavit of Franklyn M. Gimbel Supporting Motion to Supporess Evidence Via Search Warrants.

79
06-26-2012
Records scanned

80
06-25-2012
Received documents
Hansher-42, David A.
Additional Text:
Filed; -Motion to Introduce Other Acts Evidence Pursuant To Wis. Stat. 904.04(2) or Alternatively to Amend the Information to Include Uncharged Counts Alleged in Complaint; -Memorandum in To Introduce Other Acts Evidence Pursuant to Wis. Stat. 904.04(2) or Alternatively to Amend the Information to Include Uncharged Counts Alleged in Complaint; -Offer of Proof - Other Act Evidence.

81
06-11-2012
Response/reply
Hansher-42, David A.
Additional Text:
State's Response to Defendant's Motion to Dismiss - Kastigar, filed.

82
05-25-2012
Order of Court of Appeals
Additional Text:
dated May 24, 2012 the peition for leave to appeal is denied. tf

83
05-18-2012
Motion
Hansher-42, David A.
Additional Text:
Defendant's Motion to Modify Scheduling Order, filed.

84
04-02-2012
Records scanned

85
03-30-2012
Decision and order
Hansher-42, David A.
Additional Text:
signed and filed.

86
03-30-2012
Hearing
Hansher-42, David A.
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. Case is before the Court on a Decision for defense Motion To Dismiss. Court ORDERS defendant's Motion To Dismiss upon the Grounds of improper venue is DENIED. Defense motions are to be filed by 5-18-12. State's responses are due by 6-29-12. Final pretrial is scheduled for 7-19-12 at 8:30. Jury trial is scheduled for 10-15-12 at 9:00 am.

87
03-23-2012
Records scanned

88
03-20-2012
Arraignment
Hansher-42, David A.
Menzia, Kristin
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. Defense counsel waived reading of the Complaint and entered a plea of not guilty on behalf of defendant. Case is adjourned for Motion of Change of Venue and Motion to Dismiss to 3-30-12 at 1:30 pm. Motion hearing scheduled for 03-30-2012 at 01:30 pm.

89
03-20-2012
Order
Hansher-42, David A.
Additional Text:
Protective Order, signed and filed.

90
03-20-2012
Memorandum
Hansher-42, David A.
Additional Text:
Reply Memorandum Supporting Defendant's Motion to Dismiss - Venue, filed.

91
03-09-2012
Response/reply
Hansher-42, David A.
Additional Text:
State's Response to Motion to Dismiss - Venue received and filed. ENTRY MADE WITHOUT COURT FILE. dr

92
03-09-2012
Affidavit
Hansher-42, David A.
Additional Text:
received and filed. ENTRY MADE WITHOUT COURT FILE. dr

93
03-08-2012
Waiver of preliminary hearing
Slagle, Barry
Vafiades, Jeannie
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf 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 this case is assigned to Judge Hansher, Branch 42. Original Information filed. Copy given to defense counsel who waived reading. Court ordered case adjourned for an Arraignment and Scheduling Conference on March 20, 2012 at 8:15 a.m. to Branch 42. css

94
03-02-2012
Notes
Additional Text:
Request for payment of $47.60 witness fees for witness A.B. processed and forwarded to the Treasurer's Office on check request x26126701 in court 1x.

95
02-22-2012
Other papers
Additional Text:
Defendant's motion to dismiss-venue received and filed.

96
02-22-2012
Notes
Barillas, Rosa M
Digital Recording
Event Party
Rindfleisch, Kelly M.
Additional Text:
Preliminary hearing scheduled for 03-08-2012 at 08:30 am.

97
02-22-2012
Signature bond set
Barillas, Rosa M
Digital Recording
Event Party
Amount
Rindfleisch, Kelly M.
$ 1000.00

98
02-22-2012
Initial appearance
Barillas, Rosa M
Digital Recording
Event Party
Rindfleisch, Kelly M.
Additional Text:
Defendant Kelly M. Rindfleisch in court with attorney Franklyn M Gimbel. Bruce J Landgraf appeared for the State of Wisconsin. OCCR Tape # 12-037 Counter# Defendant is advised this case is assigned to Judge Hansher, Branch 42. Defendant given a copy of complaint and advised of maximum penalties, right to counsel and right to a preliminary hearing. Court reviewed complaint and found probable cause to hold defendant for further proceedings. DEFENDANT DOES NOT QUALIFY FOR PUBLIC DEFENDER REPRESENTATION. Case is adjourned for preliminary hearing in Branch PE. Deputy Court Clerk - jam

99
01-26-2012
Summons and complaint
Additional Text:
Summons mailed. Defendant ordered in for February 22, 2012 at 1:00pm, Room 221 Safety Building.

100
01-26-2012
Complaint filed