State of Wisconsin vs. Sean D. Janas

Marathon County Case Number 2012CF000761

Court Record Events

Date
Event
Court Official
Court Reporter
1
03-18-2014
Judgment of conviction
Grau, Gregory E.

2
03-18-2014
Judgment of conviction
Grau, Gregory E.

3
03-18-2014
Motion in limine
Additional Text:
AMENDED

4
03-18-2014
Other papers
Additional Text:
Diary of S.J.

5
03-18-2014
Other papers
Additional Text:
Amended disclosure of experts and summary of expert witness and their backgroun

6
03-18-2014
Motion
Additional Text:
to Adjourn Trial

7
03-18-2014
Motion
Additional Text:
in Limine

8
03-18-2014
Motion
Additional Text:
to Release Defendant for Funeral

9
03-18-2014
Notice
Additional Text:
of State's Motion and State's Motion for Admission of Other Acts Evidence

10
03-18-2014
Motion
Additional Text:
to Change Venue (Supplement)

11
03-18-2014
Letters/correspondence

12
03-18-2014
Notice of motion, motion
Additional Text:
in Limine (AMENDED)

13
03-17-2014
Dispositional order/judgment
Grau, Gregory E.

14
03-17-2014
Exhibit list
Additional Text:
1-6 Photo of Dog

15
03-17-2014
Written explanation of determinate sentence

16
03-17-2014
Sentencing hearing
Grau, Gregory E.
HADER, MARY P
Additional Text:
Clerk Cheree Case called: 1:35pm State appears by DDA T.Wetzsteon; Defendant appears in person/in custody and with Attorney John Wallace. COURT questions parties re: testimony - Parties only have argument; State provides COURT with information on request for sentence to include defendant not be allowed to own, possess or train any type of animal species for a period of 5 years from sentence. Argument by State on sentence recommendation; Argument by Atty Wallace on sentence recommendation. Defendant makes statement. COURT ORDERS: Ct. 1>>3 years 6 months TOTAL: 1 year 6 months incarceration and 2 years ES Ct. 2>>9 months MCJ consecutive to Ct. 1 >>Credit for 447 days of time served >>Defendant is not eligible for CIP or SAP >>CONDITIONS OF ES>>Maintain absolute sobriety and engage in testing to monitor that as required by Dept; Any assessment/treatment/counseling as deemed appropriate by PO; DNA sample and surcharge; 150 hours C.S.; GFE to obtain/maintain FTE/FT schooling or combination thereof, taking into consideration the C.S. that has been ordered; CC. >>Pursuant to 951.18(4)(c), Defendant may not possess, own or train any type of species of animal for a period of 5 years, to commence after incarceration is completed. COURT remands defendant to MC Sheriffs Dept for transport to WI State Prison System. Adj: 2:36pm

17
03-05-2014
Notice of hearing
Additional Text:
Sentencing hearing on March 17, 2014 at 01:30 pm.

18
03-04-2014
Plea questionnaire, waiver of rights
Additional Text:
w/Notice of Right to Seek Postconviction Relie

19
03-04-2014
Exhibit list
Additional Text:
1- Booking photo with DOC

20
03-04-2014
Plea hearing
Grau, Gregory E.
HEAVERLO, MARY
Additional Text:
Clerk Cheree Cases 12CF761 called: 2:55pm State appears by ADA L.Gramer and DDA T.Wetzsteon; Defendant appears in person/in custody and with Atty John Wallace Plea Quest/Waiver of Rights filed. VRCW COURT takes judicial notice of defendant's booking photo (exhibit 1) and pages in book as are part of record. State moves to: 12CF761 - Ct. 3 (Obstructing)>>D&RI 12CM1764>>D&RI entire file COURT GRANTS ABOVE PLEA: 12CF761 - Ct. 1 (Mistreatment of Animals/Cause Death)>>GUILTY 12CF761 - Ct. 2 (Intentional Poisoning of Domestic Animal)>>GUILTY COURT advises def of rights (including constitutional rights) & penalties & ques def to understanding. COURT finds plea & waiver of rights freely & vol made, a factual basis & def guilty. Sentencing is set for 3/17/14 at 1:30pm Bond continues. Adj: 3:03pm

21
02-27-2014
Motion in limine
Additional Text:
to Preclude or Limit Defense Expert Testimony - stj

22
02-26-2014
Notice of hearing
Additional Text:
Motion hearing on March 4, 2014 at 02:00 pm.

23
02-21-2014
Final pre-trial
Grau, Gregory E.
HADER, MARY P
Additional Text:
Clerk Marisa. Case Called: 4:20 pm INCLUDES 12CF761 AND 12CM1764. State appears by DDA Theresa Wetzsteon and ADA Lisa Gramer; Deft appears in person, in custody with Atty John Wallace. State requests letter sent from deft on 12/25/2013 be addressed and requests issue regarding defense's expert opinions be addressed. Atty Wallace makes statement regarding letter. Court questions deft regarding letter. Deft makes statement - wishes to continue with Atty Wallace. Court notes matter is set for trial on 3/17/2014 and notes any resolutions must be reached by 3/6/2014. Atty Wallace makes statement re: possible resolution. Atty Wallace addresses summary of expert opinions. State requests summary of expert testimony. Court advises defense to provide State with appropriate summary of expert testimony by end of day on 2/24/2014. Bond Continues. Adj: 4:31 pm

24
02-20-2014
Other papers
Additional Text:
State's Notice of Expert Witness

25
02-19-2014
Certificate of service
Amount
$ 0.00
Additional Text:
subpoena mailed to M.K. 2/19/14

26
02-12-2014
Notice of hearing
Additional Text:
Final pre-trial on February 21, 2014 at 04:00 pm.

27
01-29-2014
Certificate of service
Amount
$ 75.00
Additional Text:
subpoena served on D.P.B. 1/28/14

28
01-23-2014
Certificate of service
Amount
$ 0.00
Additional Text:
subpoena served on D.R.R. 1/17/14

29
01-08-2014
Notice of hearing returned
Additional Text:
dft, motion hearing, unable to forward

30
01-07-2014
Letters/correspondence
Additional Text:
to Judge Grau from dft - stj

31
01-06-2014
Writ of Habeas Corpus
Grau, Gregory E.
Additional Text:
ad Prosequendum- S.K. Jury trial 3/17-20 2014

32
01-03-2014
Subpoena
Additional Text:
mailed to J.J.K. on 1/3/14

33
01-03-2014
Subpoena
Additional Text:
mailed to K.S. on 1/3/14

34
01-03-2014
Subpoena
Additional Text:
mailed to P.N.B. on 1/3/14

35
01-03-2014
Subpoena
Additional Text:
mailed to L.A.K. on 1/3/14

36
01-02-2014
Notice of hearing
Additional Text:
Jury Trial on March 17, 2014 at 09:00 am.

37
01-02-2014
Notice of hearing
Additional Text:
Final pre-trial on February 17, 2014 at 11:00 am.

38
01-02-2014
Notice of hearing
Additional Text:
Pre-trial conference on February 3, 2014 at 01:30 pm.

39
12-30-2013
Exhibit list
Additional Text:
Stipulation and Order for Return/Destruction of Exhibits

40
12-30-2013
Motion hearing
Grau, Gregory E.
HADER, MARY P
Additional Text:
Clerk Marisa. Case Called: 2:39 pm State appears by ADA Lisa Gramer and Deputy DA Theresa Wetzsteon; Deft appears in person, in custody w/ Atty John Wallace. Defense's Motion to Suppress State notes letter from Atty Wallace regarding motion to suppress diary. Court questions Atty Wallace regarding his correspondence. Atty Wallace states he does not wish to pursue motion to suppress. Court questions parties regarding introducing diary during trial. Court gives ruling. Court addresses Miranda Goodchild and notes disc with statements made by deft. State notes intent to use portion of video. Court advises State to provide Atty Wallace with edited version of video prior to trial. Parties address other statements made by deft - no objections as stated on the record. State's Motion re: Other Acts. State makes statement - withdraws portion of motion and provides supplemental information. Argument. Court makes findings. Court gives rulings. Defense's Revised Motions in Limine. Court notes #6 and #7. Counsel makes statements. Court grants #6 and #7 as stated on the record. Defense's Motion re: Change of Venue. Argument. Court makes findings. Court gives ruling - denies motion. State's Motion to Adjourn. Deputy DA Wetzsteon makes statement. Atty Wallace makes statement. Court grants adjournment provided this matter can be reset before the end of March - if matter is not reset before end of March, motion is denied. Court sets matter for calendar call on 1/2/2014 at 1pm. State requests date of birth of a witness. Atty Wallace will provide information to the state. Adj. 3:29 pm

41
12-23-2013
Other papers
Additional Text:
States Proposed Offer (SEALED)

42
12-23-2013
Certificate of service
Amount
$ 0.00
Additional Text:
subpoena served on JK by mail

43
12-23-2013
Notice of hearing
Additional Text:
Motion hearing on December 30, 2013 at 02:30 pm.

44
12-23-2013
Motion hearing
Grau, Gregory E.
HADER, MARY P
Additional Text:
Clerk Deanna. Case Called: 8:56 am Includes 12CF761 and 12CM1764. State appears by ADA Elisabeth Gramer and DA Ken Heimerman; Deft appears in person/in custody w/Atty John Wallace. Time set for Motions in Limine. OTR: 9:00 am; BOTR: 9:14 am Parties stipulate to certain motions. Arguments. COURT: Rules on motions. Set suppression hearing. Adj: 9:39 am

45
12-16-2013
Motion in limine
Additional Text:
Sent to Judge

46
12-16-2013
Motion to suppress
Additional Text:
Diary of Defendant - Sent to Judge w/cover sheet

47
12-16-2013
Witness list - defendant
Additional Text:
Sent to Judge w/letter

48
12-13-2013
Expert witness list - plaintiff
Additional Text:
State's Notice of Expert Witness - stj

49
12-13-2013
Witness list - defendant
Additional Text:
Sent to Judge w/letter

50
11-06-2013
Certificate of service
Amount
$ 60.00
Additional Text:
Subpoena on DRR 11/2/13

51
10-31-2013
Writ of Habeas Corpus
Grau, Gregory E.
Additional Text:
ad Prosequendum - MATERIAL WITNESS - S.K.

52
10-30-2013
Certificate of non-service
Additional Text:
subpoena unserved for D.R. on 10-29-13

53
10-30-2013
Certificate of service
Amount
$ 0.00
Additional Text:
subpoena served to D.B. on 10-29-13

54
08-01-2013
Affidavit
Additional Text:
od attemped service of subpoena S.K. 7-18

55
07-22-2013
Subpoena
Additional Text:
mailed to K.S.; L.A.K.; S.J.K.; J.J.K. for JT set 1-21-14

56
07-22-2013
Notice of hearing
Additional Text:
Jury Trial on January 21, 2014 at 09:00 am.

57
07-22-2013
Notice of hearing
Additional Text:
Motion hearing on December 23, 2013 at 09:00 am.

58
07-22-2013
Motion hearing
Grau, Gregory E.
HADER, MARY P
Additional Text:
Clerk Cheree Cases 12CF761 and 12CM1764 called: 9:51am State appears by ADAs L.Gramer and A.Jadin; Defendant appears in person/in custody and with Atty John Wallace. Motion to adjourn trial has been filed by Atty Wallace - State notes no objection as speedy trial in Br. 1 w/ADA Jadin and Atty Wallace is set for the date this case is now set for JT as well, and parties will need additional days for this trial. COURT grants motion to adjourn trial - Parties state matter will take 4 days for JT; COURT notes after that JT is set, NO further adjourments will be granted. COURT directs parties to set JT date now and will go back on the record to set dates for MH before that time. OTR: 9:54am - BOTR: 10:04am - JT set for 1/24/14 for 4 days -- this date will not be adjourned. MH set for 12/23 at 9:00am - All motions must be filed by 12/13/13 and all motions now pending will also be heard that date; COURT notes ANY motions MUST be filed no later than 12/13/13. Bond continues - Adj: 10:06am

59
07-18-2013
Order
Grau, Gregory E.
Additional Text:
to release defendant for funeral

60
07-17-2013
Notice of hearing
Additional Text:
Motion hearing on July 22, 2013 at 09:45 am.

61
07-16-2013
Final pre-trial
Grau, Gregory E.
HADER, MARY P
Additional Text:
Clerk Cheree Cases 12CF761 and 12CM1764 called: 10:07am State appears by ADA L.Gramer; Defendant appears in person/in custody and with Atty John Wallace. (Set for FPT in 12CF761) Parties note agreement has NOT been reached in this matter. COURT questions parties as to need for any further hearings in this matter before JT. State notes motion hearing will be needed before trial which is set for 7/26. Atty Wallace notes he has speedy trial in another case in Br. 1 in Marathon County during the trials dates set in this case; Atty Wallace states he will know status by 3:30 this Thursday; COURT directs Atty Wallace to advise JA in Br. 4 regarding that case. COURT directs parties to set MH and reminds parties that all motions must be filed no later than 48 hr prior to that hearing date. COURT leaves FPT/JT dates on court's calendar; Parties to remain in communication with JA in Br. 4 for status of JT date. Atty Wallace requests modification of bond for defendant to attend mother's funeral; COURT questions as to details - Atty Wallace does not have that info at this time. COURT notes more information must be submitted before court will hear that request. Bond continues. Adj: 10:13am

62
07-15-2013
Certificate of non-service
Additional Text:
$75 unable to serve CJ

63
07-11-2013
Certificate of service
Amount
$ 75.00
Additional Text:
D.P.B.

64
07-08-2013
Certificate of service
Amount
$ 75.00
Additional Text:
subpoena served on D.R.R. for JT set 7-29-13

65
06-26-2013
Subpoena
Additional Text:
L.K.;K.S.;J.K. served 6-26-13

66
06-24-2013
Notice of motion, motion
Additional Text:
to amend information & proposed amended information (stj)

67
05-17-2013
Subpoena
Additional Text:
S.K. personally served

68
05-03-2013
Order
Grau, Gregory E.
Additional Text:
allowing disclosure under Wisconsin Statute 938.78(2)(copy to Juv. Div.)

69
04-23-2013
Certificate of service
Amount
$ 75.00
Additional Text:
subpoena served on D.P.B. for JT set 5-1-13

70
04-23-2013
Certificate of non-service
Additional Text:
$225.00 ($75.00 each) subpoena not served on C.J.; S.J.K.; D.R.R. (cancelled per DA's Office)

71
04-18-2013
Notice of hearing
Additional Text:
Jury Trial on July 29, 2013 at 09:00 am.

72
04-18-2013
Notice of hearing
Additional Text:
Final pre-trial on July 16, 2013 at 10:00 am.

73
04-18-2013
Notice of hearing
Additional Text:
Motion hearing on July 1, 2013 at 01:30 pm.

74
04-18-2013
Motion hearing
Grau, Gregory E.
HADER, MARY P
Additional Text:
Clerk Cheree Cases 12CM1764 and 12CF761 called: 10:12am State appears by ADA L.Gramer and ADA A.Jadin; Defendant appears in person/in custody and with Atty John Wallace (State's MIL and Other Acts; State notes other discovery has just been obtained and provided to Atty Wallace regarding the Other Acts motion; Parties state that more time is needed to prepare for Other Acts motion and the State's MIL. COURT notes trial may take up to 4 days, and given that parties need to review new discovery, Parties to reset this motion hearing (including motion to change venue) and reset for 4-day JT. Bond continues. Adj: 10:18am

75
04-17-2013
Affidavit
Additional Text:
for Subpoena

76
04-17-2013
Subpoena
Huber, Gregory
Additional Text:
for Documents - VCA Companion Care Animal Hospital

77
04-15-2013
Final pre-trial
Grau, Gregory E.
HADER, MARY P
Additional Text:
Case called: 1:35pm. Clerk: Denise. INCLUDES 12CF761, 12CM1764. State appears by ADA's Lisa Gramer & Amanda Jadin. Defendant appears in custody and by Atty John Wallace. State files Amended Mtn In Limine and Other Acts. Atty Wallace has filed Mtn to Change Venue. Matters need to be heard before JT per counsel. Atty Wallace makes statement re: days of JT. Crt makes statement re: Mtn to Change Venue. State indicates ready to proceed on Mtn to Change Venue. Parties make statement. DATES: Set Amend Mtn In Limine, Other Acts and Defense's Mnt to Change Venue. Adjourned: 1:41pm.

78
04-11-2013
Notice of motion
Additional Text:
in limine-stj

79
04-11-2013
Notice
Additional Text:
of expert witness (state's) stj

80
04-11-2013
Subpoena
Additional Text:
L.K.;J.K.;K.S. served by mail Jury Trial

81
04-11-2013
Proposed jury instructions
Additional Text:
state's (stj)

82
04-10-2013
Notice
Additional Text:
regarding defendant's statements. State's

83
04-10-2013
Notice
Additional Text:
of expert witness

84
04-05-2013
Status conference
McCarthy, Sheila

85
03-26-2013
Public defender order appointing counsel
Additional Text:
John Wallace

86
03-25-2013
Notice of hearing
Additional Text:
Status conference on April 5, 2013 at 08:45 am.

87
03-25-2013
Motion hearing
Grau, Gregory E.
HADER, MARY P
Additional Text:
Judge Grau; Court Reporter Mary Hader; Clerk Cheree Case called: 1:30pm State appears by ADA L.Jacobson; Defendant appears in person in custody and with Atty Lou Ann Bohn. Atty Bohn states defendant is requesting a different attorney - Defendant states she is firing Atty Bohn; COURT questions defendant and notes that jury trial will not be taken off court's calendar at this time. COURT questions Atty Bohn if Atty O'Neill is aware that Ms. Janas is requesting new counsel - Atty Bohn states she is on vacation but their office can begin process of reappointing new counsel even though Atty O'Neill is not in the office. STC w/JA late next week - discussion on what hearings will need to be set before trial. Adj: 1:34pm

88
03-20-2013
Notice of motion, motion
Additional Text:
Defense Motion for Change of Venue or Venire (STJ)

89
03-06-2013
Pre-trial conference
McCarthy, Sheila

90
02-01-2013
Public defender order appointing counsel
Additional Text:
Lou Ann Bohn

91
01-02-2013
Stipulation and Order
Grau, Gregory E.
Additional Text:
to seal defendant's address (sealed)

92
01-02-2013
Notice of hearing
Additional Text:
Jury Trial on May 1, 2013 at 09:00 am.

93
01-02-2013
Notice of hearing
Additional Text:
Final pre-trial on April 15, 2013 at 01:30 pm.

94
01-02-2013
Notice of hearing
Additional Text:
Motion hearing on March 25, 2013 at 01:30 pm.

95
01-02-2013
Notice of hearing
Additional Text:
Pre-trial conference on March 6, 2013 at 09:00 am.

96
01-02-2013
Pre-trial conference
McCarthy, Sheila
Additional Text:
Motions, FPT/JT set

97
01-02-2013
Motion hearing
Grau, Gregory E.
HADER, MARY P
Additional Text:
Judge Grau; Court Reporter Mary Hader; Clerk Cheree Case called: 1:31pm State appears by ADA L.Jacobson and ADA L.Gramer; Defendant appears in person/in custody and with Atty Dave Casey. (Motion to Modify Bond - Defense) Argument by Atty Casey on bond modification; Argument by State against modification. COURT finds no change in circumstance since bond was originally set - Motion to Modify Bond is denied.

98
12-21-2012
Notice of hearing
Additional Text:
Motion hearing on January 2, 2013 at 01:30 pm.

99
12-18-2012
Motion
Additional Text:
for Reduction of Bail (Defendant's) (stj)

100
12-18-2012
Pre-trial conference
McCarthy, Sheila

101
12-05-2012
Notice of hearing
Additional Text:
Pre-trial conference on December 18, 2012 at 09:50 am. Defendant Excused; Counsel to Appear

102
12-03-2012
Arraignment
Grau, Gregory E.
HADER, MARY P
Additional Text:
Judge Grau; Court Reporter Mary Hader; Clerk Cheree Cases 12CF761 and 12CM1764 called: 11:19am State appears by ADA L.Jacobson; Defendant appears in person/in custody and with Atty Dave Casey. (Arraignment on 12CF761 - 12CM1764 tracking) Information previously filed in 12CF761. W/R R/J PLEA: NOT GUILTY on all counts Discovery previously furnished on both cases. Future court dates to be set with Judicial Assistant at CC 12/6 at 1:00pm to reset PTC, etc. Bond: continues Adj: 11:21am

103
11-14-2012
Notice of motion, motion
Additional Text:
demand for discovery & inspection

104
11-01-2012
Notice of hearing
Additional Text:
Arraignment on December 3, 2012 at 11:15 am.

105
10-31-2012
Waiver
Additional Text:
of Preliminary Examination

106
10-31-2012
Bound over for trial
Additional Text:
Probable Cause Found

107
10-31-2012
Waiver
Additional Text:
of Preliminary Examination

108
10-31-2012
Information

109
10-31-2012
Waiver of preliminary hearing
Moran, Michael K.
Apel, Sherri
Additional Text:
Case called: 9:01am. Judge Michael K. Moran; Court Reporter Sherri Apel; Clerk: Denise. State appears by ADA Lamont Jacobson. Deft appears in custody and with with Atty Dave Casey. Waiver of Prelim. filed. Court questions deft as to waiver. Court finds waiver freely and voluntarily made. COURT finds PC - Defendant bound over for arraignment & trial. Information filed. Atty Casey requests arraignment to be held in BR 4. Bond to Continue. DATES: PTC 11/12/12 @ 10:50am- Set Arraingment. Bond: Continued. CC: BR 4. Adj: 9:04am.

110
10-24-2012
Public defender order appointing counsel
Additional Text:
David Casey

111
10-24-2012
Demand for discovery and inspection
Additional Text:
dft

112
10-24-2012
Probable cause statement /judicial determination
Moran, Michael K.

113
10-23-2012
Notice of hearing
Additional Text:
Preliminary Hearing on October 31, 2012 at 09:00 am.

114
10-22-2012
Responsible court official changed
Grau, Gregory E.

115
10-22-2012
Cash bond set
Event Party
Amount
Janas, Sean D.
$ 2500.00
Additional Text:
No contact with victim(s): with any animals Contact includes direct personal or physical and indirect contact by phone, in writing of any kind, entry to the person's residence or place of employment together with contacts through other persons. Contact, however, may be made through the defendant's attorney. Need to provide Address.

116
10-22-2012
Initial appearance
Moran, Michael K.

117
10-22-2012
Complaint filed

118
01-02-2012
Order to seal party address
Grau, Gregory E.
Event Party
Janas, Sean D.