State of Wisconsin vs. Steven M Foti

Dane County Case Number 2002CF002454

Court Record Events

Date
Event
Court Official
Court Reporter
1
10-18-2002
Complaint filed

2
10-24-2002
Initial appearance
Meurer, Todd E.
Additional Text:
Reporter: Heather Peterson Defendant waived the time period for preliminary hearing. Trial Br 4 - Ebert.

3
10-24-2002
Signature bond signed
Meurer, Todd E.
Amount
$ 1000.00

4
10-24-2002
Judicial transfer
Moeser, Daniel R

5
10-30-2002
Scheduling conference
Moeser, Daniel R
Albert, Ann
Additional Text:
Discussion as to scheduling between court and attorneys. Court sets the following schedule: Defendants' motions with brief due 12/9/02; response due by 1/6/03. Court sets arguments for 1/10/03 at 8:30 a.m. Prelim. hrg set for 1/14,15 and 17, 2003 at 8:30 a.m.

6
12-04-2002
Motion hearing
Moeser, Daniel R
Albert, Ann
Additional Text:
Statements by Atty. Meyers requesting extension and continuance. Attys. Morgan and Gimbel do not object. State objects. Court will not delay prelim. hrg. Court gives Atty. Meyer until 12/23/02 to file motions with brief and gives Attys. Gimbel and Morgan until 12/13/02 to file their motions with briefs.

7
12-13-2002
Motion to dismiss
Additional Text:
Defendants'

8
12-13-2002
Affidavit
Additional Text:
of Franklyn M. Gimbel supporting defn's motion for relief from secrecy order

9
12-13-2002
Motion
Additional Text:
Defendants' Motion for Relief from Secrecry Order

10
01-06-2003
Motion
Additional Text:
State's Motion for Leave to File a Pleading in Excess of Forty Pages

11
01-06-2003
Other papers
Additional Text:
State's Consolidated Responses to Motions of Defendants Jensen, Foti, and Schultz to Dismiss Various Counts of the Complaint, for Relief from Secrecy Order, and Jensen's Motion to Strike

12
01-10-2003
Order
Moeser, Daniel R
Albert, Ann
Additional Text:
Order Denying Defendants' Motion for Stay Pending Appeal

13
01-10-2003
Order
Moeser, Daniel R
Albert, Ann
Additional Text:
Order Denying Defendants' Motion to Dismiss

14
01-10-2003
Hearing
Moeser, Daniel R
Albert, Ann
Additional Text:
Argument by attorneys. Court denies defense motions. Motion for stay/continuance by Atty.Gimbel to allow for appeal. Court denies motion for stay.

15
01-10-2003
Exhibit list
Additional Text:
Exhibits 1-4 marked.

16
01-13-2003
Transcript
Additional Text:
of Motion Hearing held on January 10, 2003. Reporter: Ann M. Albert

17
01-14-2003
Preliminary hearing
Moeser, Daniel R
Albert, Ann
Additional Text:
Testimony taken. Hearing continued to 1/15/03.

18
01-14-2003
Order of Court of Appeals
Additional Text:
motion for temporary relief is denied

19
01-14-2003
Order of Court of Appeals
Additional Text:
Motion for emergency stay is denied as premature

20
01-15-2003
Preliminary hearing
Moeser, Daniel R
Albert, Ann
Additional Text:
Further testimony taken. Argument re: bindover by attorneys. Court finds probable cause and binds matter over for trial to Br. 4.

21
01-15-2003
Exhibit list
Additional Text:
Exhibits 1-23 marked (see exhibit list) EXHIBITS WILL BE PLACED IN STATE V. JENSEN FILE (02 CF 2453)

22
01-15-2003
Bound over for trial

23
01-15-2003
Judicial transfer
Ebert, Steven D
Dobbratz, Jennifer

24
01-16-2003
Transcript
Additional Text:
of Preliminary Hearing (Partial Transcript: Judge Moeser's Ruling) held on January 15, 2003. Reporter: Ann M. Albert

25
01-24-2003
Transcript
Moeser, Daniel R
Albert, Ann
Additional Text:
Original transcript of Preliminary hearing of 1/14/03 filed by Ann Albert

26
01-24-2003
Transcript
Moeser, Daniel R
Albert, Ann
Additional Text:
Original transcript of preliminary hearing of 1/15/03 filed by Ann Albert

27
02-04-2003
Information

28
02-05-2003
Arraignment
Ebert, Steven D
Krause, Dorothy
Additional Text:
Reporter: Dorothy Krause Information filed copy given to defn, motions are a schedule which is attached to the minute sheet. Defn entered plea of not guilty. Bail continued. Oral motion for change of venue and change of place of trial.

29
02-19-2003
Order of Court of Appeals
Additional Text:
petition for leave is granted. The entry of this order will have the same effect as the filing of a notice of appeal. No statement on transcript is necessary. Trial preparations and other proceedings in the trial court may continue until further notice

30
02-25-2003
Order
Ebert, Steven D
Dobbratz, Jennifer

31
02-25-2003
Verification from Court of Appeals
Additional Text:
that the notice of appeal was filed - COA #03-0106-CR

32
03-11-2003
Notice of compilation of record
Additional Text:
sent to all parties. File to be mailed 4/1/03

33
03-12-2003
Payment voucher
Additional Text:
Witness fees paid for services, PV#: 6463

34
03-14-2003
Motion
Additional Text:
Defendants motion to suspend scheduling order pending appeal. Original in 02CF2453

35
03-14-2003
Affidavit
Additional Text:
of Franklyn M. Gimbel supporting defendants' motion to suspend scheduling order pending appeal. Original filed in 02CF2453

36
03-14-2003
Order of the Supreme Court
Additional Text:
certification is refused

37
03-31-2003
Motion hearing
Ebert, Steven D
Dobbratz, Jennifer
Additional Text:
Reporter: Jennifer Dobbratz. ADA asks court to keep Oct 7, 2003 trial date. Argument by Atty. Gimbel. Court vacates scheduling order. Court will set status conf. after Labor Day. Court will expedite PT motions after that date.

38
04-01-2003
Amended
Additional Text:
notice of compilation sent to all parties.

39
04-01-2003
Transmittal of record to court of appeals

40
04-02-2003
Order of Court of Appeals
Additional Text:
standard briefing schedule will being once the record is filed, and we will set the time and place for the oral argument at a future date.

41
04-03-2003
Verification from Court of Appeals
Additional Text:
that the record was filed 04/02/03

42
01-06-2004
Notes
Ebert, Steven D
Dobbratz, Jennifer
Additional Text:
The Court of Appeals has not ruled on the interlocutory appeal as of yet - take off 1/6/04 calendar and reset after notification from the Court of Appeals.

43
05-03-2004
Order of the Supreme Court
Additional Text:
Petition for review has been filed

44
06-23-2004
Order of the Supreme Court
Additional Text:
petition for review is granted; briefing information

45
07-23-2004
Order of the Supreme Court
Additional Text:
motion for extension of time to file initial brief is greanted. Due 7/27/04

46
07-30-2004
Order of the Supreme Court
Additional Text:
motion for an extension of time to file brief is granted. Due 9/16/04

47
09-16-2004
Order of Court of Appeals
Additional Text:
motion for enlargement of word length of its brief-in chief is granted.

48
09-30-2004
Order of the Supreme Court
Additional Text:
motion for enlargement of reply brief is granted

49
10-22-2004
Order of the Supreme Court
Additional Text:
motion to file an amended appendix is granted

50
10-27-2004
Order of Court of Appeals
Additional Text:
motion to allow response to amended brief and appendix is granted.

51
04-04-2005
Notice of hearing

52
04-19-2005
Status conference
Ebert, Steven D
Ripp, Nadine
Additional Text:
Reporter: Nadine R. Court does not have jurisdiction yet - probably around 4/24/05. Trial dates discussed. Motions by counsel will be filed. Briefing schedule established. Defendants' to file motion with brief 6/6/05; state's response due 7/18/05 and defendants' reply by 8/1/05. Motion hearing set for 9/2/05 @ 9:15 a.m. Defendants' proposal for viewing for viewing discovery materials due 5/9/05; state's response due 5/16/05 and defendants' reply 5/23/05. Hearing set 5/27/05 @ 3:00 p.m.

53
05-09-2005
Motion
Ebert, Steven D
Ripp, Nadine
Additional Text:
RE: DISCOVERY ISSUE filed by defense

54
05-09-2005
Affidavit
Ebert, Steven D
Ripp, Nadine
Additional Text:
in Support of Motion filed by defense

55
05-09-2005
Affidavit
Ebert, Steven D
Ripp, Nadine
Additional Text:
#2 in support of motion filed by defense.

56
05-16-2005
Response/reply
Ebert, Steven D
Ripp, Nadine
Additional Text:
State's consolidated responses to defendants' motion re: discovery issue.

57
05-27-2005
Other papers
Additional Text:
Media Request for Cameras in the Courtroom submitted by Steve Jandalek (WKOW-TV)

58
05-27-2005
Motion
Ebert, Steven D
Ripp, Nadine
Additional Text:
Reporter: Nadine R Motion re: Discovery. Counsel stated that any review of documents/discovery would never be raised as an issue re: chain of custody. Pursuant to 971.23 state will designate exact documents being used when it comes closer to the trial date, but won't be done at this time. State agreed to turn over all John Doe transcripts re: these defns. Paying for transcripts at issue. No originals have been prepared yet. Defense shall req the ct reporter for transcripts. State argued for designated state representative to be in viewing room when defns are viewing disc (chain of custody raised). Defense objects. Indexing brough up by Atty Meyer. Ct ordered: 11-14-05 state shall comply with all discovery obligations pursuant to 971.23. State shall arrange for a room of sufficient size for defense counsel and their clients to view documents without a state representative present. All counsel shall give written stipulation as to integrity of documents (chain of custody) Defense counsel and their clients are ordered to not make any marks on documents. They can bring in their own copier and make copies. Ct denied req of indexing. 1/16/06 defense shall file reciprocal discovery pursuant to sec. 971.23. Atty Meyer will prepare order for court's signature.

59
06-06-2005
Motion
Ebert, Steven D
Ripp, Nadine
Additional Text:
to dismiss - unconstitutionally vague filed by Atty Meyer on behalf of defendants Jensen, Foti and Schultz. Original found in 02 CF 2453

60
06-06-2005
Memorandum
Ebert, Steven D
Ripp, Nadine
Additional Text:
in support of motion to dismiss re: vagueness & due process filed by Atty Meyer on behalf of defendants Jensen, Foti and Schultz. Original found in 02 CF 2453

61
06-06-2005
Motion
Ebert, Steven D
Ripp, Nadine
Additional Text:
to dismiss re: bindover decision or alternatifely a second preliminary filed by Atty Meyer on behalf of defendants Jensen, Foti and Schultz. Motion found in case 02 CF 2453

62
06-06-2005
Motion
Ebert, Steven D
Ripp, Nadine
Additional Text:
for change of venue filed by Atty Meyer on behalf of defendants Jensen, Foti, Schultz and Ladwig. Original filed in 02CF2453

63
06-06-2005
Motion
Ebert, Steven D
Ripp, Nadine
Additional Text:
defendant Schultz's Omnibus Motion Incorporating Other Motions filed by Atty Morgan. Original filed in 02 CF 2453

64
06-06-2005
Memorandum
Ebert, Steven D
Ripp, Nadine
Additional Text:
of Law Supporting Defendant Schultz's Motion for Severance filed by Atty Morgan. Original filed in 02 CF 2453

65
06-07-2005
Motion
Additional Text:
Defendant's Motion for Severance filed by Atty Gimble on behalf of defn Foti. Original in 02 CF 2453

66
06-07-2005
Affidavit
Additional Text:
in Supporting Motion for Severance filed by Atty Gimbel on behalf of defn Foti. Original filed in 02 CF 2453

67
06-07-2005
Brief
Additional Text:
Defendant's Brief in Support of Motion for Severance filed by Atty Gimbel on behalf of defn Foti. Original in 02 CF 2453

68
06-20-2005
Order
Ebert, Steven D
Ripp, Nadine
Additional Text:
re: Discovery Issue. Original order found in 02 CF 2453

69
06-20-2005
Motion
Additional Text:
by Defendants Jensen, Foti and Schultz to Permit Filing of Supplemental Brief (Original in 02 CF 2453)

70
06-20-2005
Brief
Additional Text:
Supplemental Brief by Defendants Scott R. Jensen, Steven M. Foti and Sherry L. Schultz Supporting the Motion to Dismiss re: Bindover (original in 02 CF 2453)

71
07-18-2005
Affidavit
Additional Text:
Counter Affidavit in Response to Defendant Motion for Change of Venue, Filed Pursuant to Sec. 971.22(2) (Original filed in 02CF2453)

72
07-18-2005
Other papers
Additional Text:
State's Consolidated Responses to Pretrial Motions of Defendants Jensen, Foti, Schultz, and Ladwig (Original Filed in 02CF2453)

73
07-20-2005
Motion and demand for discovery
Ebert, Steven D
Ripp, Nadine
Additional Text:
and Notice of Witness List filed by state

74
07-20-2005
Transcript
Additional Text:
of arraignment held on 2-5-03. Reporter: Dorothy Krause

75
07-26-2005
Other papers
Additional Text:
State's Consolidated Responses to Pretrial Motions of Defendants Jensen, Foti, Schultz, and Ladwig (Original paperwork filed in 02CF2453)

76
08-08-2005
Brief
Additional Text:
Reply Brief - Vagueness (Original filed in Case 02CF2453)

77
08-08-2005
Affidavit
Additional Text:
RE: Vagueness (Original filed in Case 02CF2453)

78
08-08-2005
Brief
Additional Text:
Reply Brief-Change of Venue (Original filed in Case 02CF2453)

79
08-08-2005
Brief
Additional Text:
Reply Brief of Defendants Jensen, Foti and Schultz Supporting the Motion to Dismiss Regarding the Sufficienty of Evidence for the Bindover (Original filed in Case 02CF2453)

80
09-01-2005
Transcript
Additional Text:
Reporter: Heather Kieta Initial Apprnc Oct. 24, 2002, CC Todd Meurer. ORIG IN 02CF2454; DUPL ORIG IN 02CF2453, 02CF2455, 02CM4306.

81
09-02-2005
Motion hearing
Ebert, Steven D
Ripp, Nadine
Additional Text:
Reporter: Ann Albert Motn arguments & responses by all attorneys; Court will render a written decision.

82
09-02-2005
Order
Ebert, Steven D
Ripp, Nadine
Additional Text:
RE: Discovery issue.

83
09-15-2005
Transcript
Additional Text:
Transcript of September 2, 2005 Motion Hearing (Ann Albert, reporter)

84
11-30-2005
Other papers
Additional Text:
Memorandum in Support of Proposed Jury Instruction for Wis. Stat. Sec. 946.12 - Misconduct in Public Office (Original filed in Case 02CF2453)

85
11-30-2005
Proposed jury instructions
Additional Text:
State's Proposed Jury Instructions and Juror Questionnaire (Original filed in Case 02CF2453)

86
12-01-2005
Other papers
Additional Text:
Defendant's Proposed Voir Dire Questions

87
12-05-2005
Proposed jury instructions
Additional Text:
Instruction No 1 submitted by Attorney Morgan (Original filed in Case 02CF2453)

88
12-15-2005
Decision and order
Ebert, Steven D
Ripp, Nadine
Additional Text:
Denying Defendants' Pre-trial Motions, Multiplicity, et. al.

89
12-19-2005
Other papers
Ebert, Steven D
Ripp, Nadine
Additional Text:
Supplemental Submission in regard to Motion for Change of Venue filed by Atty Meyer.

90
12-23-2005
Response/reply
Ebert, Steven D
Ripp, Nadine
Additional Text:
by State to Defendants' Supplemental Submission - Change of Venue Original filed in 02CF2453

91
01-03-2006
Decision and order
Ebert, Steven D
Additional Text:
Denying Defendants' Motion for a Change of Venue is DENIED (Original filed in 02CF2453)

92
01-13-2006
Other papers
Additional Text:
Plea Agreement

93
01-13-2006
Plea hearing
Ebert, Steven D
Ripp, Nadine
Additional Text:
Reporter: Nadine M. Ripp. Defendant advised of rights. Plea questionnaire/waiver of rights signed (Orally put on record) Defendant guilty to amended charge on Ct 1. Court found factual basis for entry of plea and that plea was enterd knowingly and voluntarily. Court accepted plea, found and adjudged defendant guilty. Bail continued. Set for Sentencing Hearing

94
01-31-2006
Memorandum
Additional Text:
in Support of Proposed Jury Instruction for Wis. Stat. Sec. 946.12 - Misconduct in Public Office (original filed in Case 02CF2453)

95
03-27-2006
Sentencing hearing
Ebert, Steven D
Ripp, Nadine
Additional Text:
Restitution hearing to be set. Notice of Right to Seek Postconviction Relief. Judgment of conviction prepared.

96
03-27-2006
Dispositional order/judgment
Ebert, Steven D

97
04-05-2006
Transcript
Additional Text:
of Sentencing Hearing held on March 27, 2006. Reporter: Nadine M. Ripp.

98
05-18-2006
Notice of hearing

99
08-31-2006
Other papers
Ebert, Steven D
Additional Text:
Proposed Orders of Restitution and Response to Defendant Jensen's Motion to Dismiss Restitution and Cancel Hearing (Original filed in 02CF2453)

100
09-05-2006
Other papers
Additional Text:
Defendant Steven M. Foti's Motion Joing in Part of Scott R. Jensen's Motion to Dismiss Restitution and Cancel Hearing

101
09-06-2006
Other papers
Additional Text:
Restitution amounts submitted by ADA Blanchard

102
09-08-2006
Hearing
Ebert, Steven D
Ripp, Nadine
Additional Text:
Reporter: Nadine M. Ripp. Court discusses matter of restitution. Attorneys made their arguments. Court finds Motion to Dismiss is denied. Court discusses Motion for Arbitrator. Attorneys made their arguments. Court is referring this matter to Judge Gerald Nichol will be appointed for arbitration. Court will prepare order.

103
09-08-2006
Order
Ebert, Steven D
Additional Text:
Order appointing Reserve Circuit Court Judge Gerald Nichol to referee and arbitrate the disputed restitution issues in these cases. Judge Nichol may conduct a hearing or make a determination of the amount of restitution upon written submissions. In any event such determination shall be filed with the court within 60 days after the date of the referral.

104
09-20-2006
Transcript
Kieta, Heather
Additional Text:
10/24/02 Initial Appearance

105
10-02-2006
Other papers
Ebert, Steven D
Ripp, Nadine
Additional Text:
State's Submission to Arbitrator - Reserve Judge Nichol for Findings Supporting Orders for Restitution Filed in 02 CF 2453

106
10-27-2006
Brief
Ebert, Steven D
Ripp, Nadine
Additional Text:
State's reply to Defendants' Restitution Positions Filed in 02 CF 2453

107
11-02-2006
Other papers
Nichol, Gerald C.
Additional Text:
Arbitrator's Award on Restitution

108
11-07-2006
Restitution order
Ebert, Steven D
Additional Text:
The court accepts the Arbitrator's Award on Restitution that was filed on 11-2-06, incorporates it herein, and enters the following order: 1) Scott R. Jensen shall pay restitution in the amount of $190,521.66 over the course of his criminal sentence. While serving confinement time, restit shall be taken from his prison acct up to 25% of his acct purs to Sec DOC.309.45 and .49(4)(e). DOC is ordered to make their deduction of Mr. Jensen's prison funds. 2) Steven M. Foti shall pay restit in amt of $57,935.75 over the course of his probation. Any unpaid restit at the time of his discharge from prob shall be reduced to a civil judgment. 3) Sherry L. Schultz shall pay restit in amt of $57,935.75 over the course of her probation. Any unpaid restit at the time of her discharge from prob shall be reduced to a civil judgment. 4) DOC, Div of Comm Corr, shall enforce a restit budget during the course of each def's prob or ext'd supv. 5) The State shall file liens on each def's real estate, as appropriate, to secure these restit amts.

109
02-06-2007
Restitution order
Ebert, Steven D
Additional Text:
AMENDED. Any unpaid restitution at the time of his discharge from probation shall be reduced to a civil judgment. The DOC, Div of Comm Corr., shall enforce a restitution budget during the course of def's probation or ext'd supv. The State shall file a lien on def's real estate, as appropriate, to secure these restitution amts.

110
03-06-2007
Motion
Ebert, Steven D
Ripp, Nadine
Additional Text:
for an order requiring reimbursement of legal fees to the state as a condition of supervision filed by state

111
04-14-2008
Notice of case status change
Additional Text:
Defendant was discharged by Department of Corrections on 3-27-08.

112
11-15-2017
Records of prosec. are converted data. See file.