State of Wisconsin vs. Mark L Rasmussen

Milwaukee County Case Number 2009CF000962

Court Record Events

Date
Event
Court Official
Court Reporter
1
02-20-2009
Complaint filed

2
02-20-2009
Notes
Additional Text:
Defendant ordered in for 02/25/09 at 1:30 p.m., Room 221. Safety Bldg.

3
02-24-2009
Cash bond posted
Amount
$ 5000.00
Additional Text:
09RM008942, actual bond posted with Sheriff 02/15/09. saw

4
02-25-2009
Initial appearance
Barillas, Rosa M
Digital Recording
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. James Griffin appeared for the State of Wisconsin. sbs Defendant is advised this case is assigned to Judge McMahon, Branch 18. 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.

5
02-25-2009
Cash bond set
Barillas, Rosa M
Digital Recording
Event Party
Amount
Rasmussen, Mark L
$ 1000.00

6
02-25-2009
Change of address notification
Event Party
Rasmussen, Mark L
Additional Text:
ADDRESS INFO for Mark L Rasmussen Current: 524 East Lyon, #1, Milwaukee, WI 53203 (Effective: 02-25-2009) Prior: 524 East Lyon, #1, Milwaukee, WI 53203

7
02-25-2009
Notes
Barillas, Rosa M
Digital Recording
Event Party
Rasmussen, Mark L
Additional Text:
Preliminary hearing scheduled for 03-05-2009 at 08:30 am.

8
03-05-2009
Preliminary hearing
Phillips, Barry
Ross, Jackie
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Preliminary hearing proceeded. Sworn for the state: Michael Hoell-Special Agent Wisconsin Department of Justice. Exhibit 1marked, offered and received into evidence. State rests. Defense rests. Defense motion to dismiss argued and denied. Court found probable cause and bound defendant over for trial. Exhibits withdrawn. Original information received and filed; defendant given a copy, waived reading, was arraigned in open court and plead not guilty. Case is assigned to Judge McMahon, Branch 18. Case is adjourned for scheduling conference on March 17, 2009 at 8:30 a.m. to Branch 18. css

9
03-17-2009
Scheduling conference
McMahon-18, Patricia D.
Bertermann (Cutty), Shelley
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Deputy Court Clerk kjm. . Scheduling Conference held. Filed, signed Felony Pretrial Scheduling Order. Case set for Jury Trial on 06-22-09 at 9:00 a.m. in Branch 18. Court ordered any motions to be filed by 04-20-09 with any response to be filed by 05-08-09 and proponent to schedule the motion. Case adjourned for Motion Hearing and Final Pre-trial Conference in Branch 18. Motion hearing scheduled for 06-03-2009 at 08:30 am.

10
04-20-2009
Letters/correspondence
Additional Text:
filed, from attorney Albee requesting a two week extension to file motions due to his computer forensic expert not being available until the week of 04-20-09. /kjm

11
05-04-2009
Motion
Additional Text:
filed by defense: -Motion for Pretrial Notice and Determination of Admissibility of Evidence Under Wis. Stats. 904.04(2) and 906.08. -Motion and Demand for Discovery and Insepction. -Motion to Suppress Statements. -Motion to Suppress. -Motion for Production of Computer Evidence. -Request for Franks Hearing and Motion to Suppress. /kjm

12
05-08-2009
Notes
Additional Text:
Bail notice & aff mailed to surety, Mary B.

13
06-03-2009
Status conference
McMahon-18, Patricia D.
Caliva, Dianne
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin./ SAB Additional timeis needed for forensic analysis. Court vacates the trial date of 6/22/09. Case calendared for STATUS on 6/30/09 at 8:30 am in Branch 18.

14
06-30-2009
Status conference
McMahon-18, Patricia D.
Bertermann (Cutty), Shelley
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Deputy Court Clerk kjm. . Status Conference held. State requests more time to review the images found on the computer. Case set for Status Conference in Branch 18. Status conference scheduled for 07-23-2009 at 08:30 am.

15
07-23-2009
Status conference
McMahon-18, Patricia D.
Off the Record
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Deputy Court Clerk kjm. . Status conference held. State requests more time for reviewing the images on the computer. All parties are notified that effective August 01, 2009, this case will be assigned to: Judge KEVIN E. MARTENS, Branch 27, in ROOM 502 of the SAFETY BUILDING. Case adjourned for Scheduling Conference in Branch 27. Scheduling conference scheduled for 09-01-2009 at 08:30 am.

16
08-03-2009
Judicial transfer
Martens-27, Kevin E.

17
08-13-2009
Transcript
Additional Text:
Certification of transcript of proceedings commencing 03-05-2009 PRELIMINARY HEARING received and filed. (28 Pages) Copy of transcript forwarded to: Attorney Craig Albee 526 E. Wisconsin Ave Milwaukee, WI 53202

18
09-01-2009
Scheduling conference
Martens-27, Kevin E.
Czerniejewski, Nancy
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. ADA Sara Lewis by Miriam S Falk appeared for the State of Wisconsin. Deputy Court Clerk: krw Defense counsel informed the Court that Discovery is still needed from the State. Defense is requesting this matter be scheduled for a jury trial and a final pretrial. Court orders parties to file and serve by the final pretrial date: 1. Motions in Limine; 2. Proposed jury instructions; 3. Final witnesses lists Parties are ordered to confirm availability of witnesses prior to final pretrial date. Further, Court advises parties that any change of plea occurring after final pretrial will be accepted only to charge in complaint and without the benefit of any negotiations with the state. Court orders the defendant to appear on all scheduled court hearings. Branch 27 Pretrial Scheduling Order signed and filed. Case is adjourned to Branch 27 Motion on 10-13-2009 at 1:30 pm (3 motions 2 hr est) Case is adjourned to Branch 27 Pretrial on 10-28-2009 at 8:30 am Jury trial scheduled for 11-09-2009 at 08:30 am.

19
09-24-2009
Notice
Martens-27, Kevin E.
Off the Record
Additional Text:
received and filed, Additional Grounds In Support of Franks Hearing and Motion to Suppress from defense counsel. /krw

20
10-07-2009
Response/reply
Martens-27, Kevin E.
Off the Record
Additional Text:
received and filed, from the State as to Defendant's "Request for Franks Hearing and Motion to Suppress and Motion to Suppress Statements. /krw

21
10-13-2009
Notice
Martens-27, Kevin E.
Off the Record
Additional Text:
received and filed, Notice of Motion and Motion to Adjourn Jury Trial of 11-09-09 from the State. /krw

22
10-13-2009
Motion
Martens-27, Kevin E.
Additional Text:
State's Motion for Production of Computer Evidence, received and filed. tmr

23
10-13-2009
Motion hearing
Martens-27, Kevin E.
Garry, Pauline
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Deputy Court Clerk tmr . Motion hearing proceeded. Statements made by both parties. Defense motions for an evidentiary hearing. Arguments made by both parties. Defense motion to conduct evidentiary hearing (omission), Denied by the Court. . State's motion for production of computer evidence proceeded. Sworn testimony for Defense: William D., Computer Forensic Examiner. The Court retired for the evening and ordered case adjourned for continuation of motion hearing scheduled for 10-28-2009 at 8:30 am in Branch 27.

24
10-28-2009
Motion hearing
Martens-27, Kevin E.
Shoate, Stephanie
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Deputy Court Clerk: krw Attorney Craig Albee requesting an adjournment of five weeks - both parties believe the issues will resolve. State is requesting jury trial of 11-09-2009 be adjourned. Court grants both requests. Case is adjourned to Branch 27 Notice of next court date given to defendant. NOTE: Pending Motions ..Defense Motion to Suppress filed 5-04-09 ..Defense Motion for Pretrial Notice and Determination of Admissibility of Evidence Under Wis. Stat. ss. 904.04(2) and 906.08 filed 5-04-09 ..Defense Motion and Demand for Discovery and Inspection filed 5-04-09 and Continuation of moiton hearing as to Defense Motion For Production of Computer Evidence (motion hearing 10-13-2009) Scheduling conference scheduled for 12-08-2009 at 01:30 pm.

25
12-08-2009
Scheduling conference
Martens-27, Kevin E.
Off the Record
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. ADA Sara Lewis by Claire L Starling appeared for the State of Wisconsin. Deputy Court Clerk: krw Case is adjourned to Branch 27 Notice of next court date given to defendant. Plea hearing scheduled for 02-04-2010 at 08:30 am.

26
02-04-2010
Plea hearing
Martens-27, Kevin E.
Garry, Pauline
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Deputy Court Clerk: krw AS TO COUNTS #2, #3 AND #4: Pursuant to plea negotiations and upon the motion of the State, the Court orders Counts #2, #3 and #4 DISMISSED and Read-In. AS TO COUNT #1: Defendant changes his plea "NO CONTEST". Defendant examined as to his No Contest Plea, advised of his Constitutional Rights and the maximum penalty. Court found that defendant knowingly, 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. As a convicted felon, Court advised the defendant that you may not carry or ever possess any guns, ammunition or body armor. Court also advised the defendant that he will be ordered to comply with the "Sex Offender Registry". Defendant's voting privileges are suspended for the length of the sentence to be imposed by the court. Case is adjourned to Branch 27 Notice of next court date given to defendant. Sentencing hearing scheduled for 03-16-2010 at 01:30 pm.

27
02-08-2010
Change of address notification
Event Party
Rasmussen, Mark L
Additional Text:
ADDRESS INFO for Mark L Rasmussen Current: 528 E Lyon, Milwaukee, WI 53202 United States (Effective: 02-08-2010) Prior: 524 East Lyon, #1, Milwaukee, WI 53203

28
03-09-2010
Letters/correspondence
Martens-27, Kevin E.
Off the Record
Additional Text:
received and filed, letter from friend of the defendant /krw

29
03-16-2010
Sentencing hearing
Martens-27, Kevin E.
Shoate, Stephanie
Event Party
Rasmussen, Mark L
Additional Text:
Defendant Mark L Rasmussen in court with attorney Craig W Albee. Sara B Lewis appeared for the State of Wisconsin. Deputy Court Clerk: krw Sentencing proceeded. Statements by the State, defense and defendant. AS TO COUNT #1: The Court sentenced the defendant to a TOTAL LENGTH of imprisonment of NINE (9) YEARS. The INITIAL TERM OF CONFINEMENT in the Wisconsin State Prison System is FOUR (4) YEARS; with credit for TWO (2) DAYS time served. The Court orders the defendant to serve a maximum term of EXTENDED SUPERVISION of FIVE (5) YEARS. continued

30
03-16-2010
Hearing continued
Martens-27, Kevin E.
Shoate, Stephanie
Event Party
Rasmussen, Mark L
Additional Text:
Deputy Court Clerk: krw CONDITIONS OF EXTENDED SUPERVISION to be determined by the Dept. of Corrections with the following additional Court ordered conditions: ..Follow all rules of Extended Supervision, including meet regularly with and cooperate fully with your parole/probation agent. ..No further violations of the law. ..Absolute sobriety, no alcohol. ..No illegal drugs other than those legally prescribed for defendant by a doctor. ..No contact with anyone using or selling drugs, no drug paraphernalia. ..Cooperate with AODA assessment and cooperate and successfully complete any recommended treatment. ..Random urine screens. ..The defendant is to pay the "Extended Supervision" fees. ..The defendant is to make due and diligent efforts seek and maintain full time employment. ..Court imposed a surcharge totaling $2,000.00, that's a breakdown of $500.00 for each of the four counts. To be paid within five (5) years or will revert to civil judgment. Cash bail in deposit to apply. Court ordered defendant to pay all FINES through collection by the Department of Corrections from 25% of funds under Sec. 973.05(4)(b), Wis. Stats and ANY prison accounts if revoked. ..No possess of any firearms or dangerous weapons. ..The defendant is ordered to comply with the "Sex Offender Registry". ..During the five year period of probation, the defendant is ordered not to have any Internet access. The only exception would be with prior approval from the Probation/Parole Agent and/or the defendant's Therapy Counselor. ..The defendant to cooperate with a Sex Offender evaluation/assessment, fully cooperate with the evaluation/assessment, any recommended treatment/programs that are to be provided and make all appointments. Court would not oppose the continuation of the defendant's current treatment program(s). ..As to the defendant's Bar Ownership/Employment; it is not the Court's intent to restrict defendant's access to alcohol when work related - bartender/serve. continued

31
03-16-2010
Hearing continued
Martens-27, Kevin E.
Shoate, Stephanie
Event Party
Rasmussen, Mark L
Additional Text:
Deputy Court Clerk: krw Court finds that the defendant IS NOT eligible for the Challenge Incarceration Program OR the Earned Release Program. Court finds the an RRS sentence is not appropriate. Extended Confinement for violations in prison are explained. Original and copy of Written Explanation of Determinate Sentence given to defendant to sign. Copy returned to defendant. Court STAYED THE SENTENCE and placed the defendant on probation to the State Department of Corrections for a period of FIVE (5) YEARS. CONDITIONS OF PROBATION: ..The defendant is to serve twelve (12) months condition time at the House of Correction; Huber privileges for work and treatment only; with credit to zero days served. Court orders defendant to have absolute sobriety while on Huber privileges or penalty will be the loss of Huber privileges and sentence will revert to Straight Time. Court objects to Electronic Monitoring but for the last 30 days in which the court takes no position. Good Time Credit granted by the Court. Court STAYED the report date to 03-30-2010. ..Follow all rules of Probation, including meet regularly with and cooperate fully with your parole/probation agent. ..No further violations of the law. ..Absolute sobriety, no alcohol. ..No illegal drugs other than those legally prescribed for defendant by a doctor. ..No contact with anyone using or selling drugs, no drug paraphernalia. ..Cooperate with AODA assessment and cooperate and successfully complete any recommended treatment. ..Random urine screens. ..The defendant is to pay the "Supervision" fees. ..The defendant is to make due and diligent efforts seek and maintain full time employment. ..Court imposed a surcharge totaling $2,000.00, that's a breakdown of $500.00 for each of the four counts. To be paid within five (5) years or will revert to civil judgment. Cash bail in deposit to apply. Court ordered defendant to pay all FINES through collection by the Department of Corrections from 25% of funds under Sec. 973.05(4)(b), Wis. Stats and ANY prison accounts if revoked. ..No possess of any firearms or dangerous weapons. ..The defendant is ordered to comply with the "Sex Offender Registry". continued

32
03-16-2010
Hearing continued
Martens-27, Kevin E.
Shoate, Stephanie
Event Party
Rasmussen, Mark L
Additional Text:
Deputy Court Clerk: krw CONDITIONS OF PROBATION continued: ..During the five year period of probation, the defendant is ordered not to have any Internet access. The only exception would be with prior approval from the Probation/Parole Agent and/or the defendant's Therapy Counselor. ..The defendant to cooperate with a Sex Offender evaluation/assessment, fully cooperate with the evaluation/assessment, any recommended treatment/programs that are to be provided and make all appointments. Court would not oppose the continuation of the defendant's current treatment program(s). ..As to the defendant's Bar Ownership/Employment; it is not the Court's intent to restrict defendant's access to alcohol when work related - bartender/serve. Court orders the defendant to pay all costs and surcharges within the 5 year sentence or will revert to civil judgment. Court ordered defendant to provide a DNA sample and pay the $250.00 cost within the 5 year sentence if not previously paid or will revert to civil judgment. Court advised defendant that as a convicted felon he may not possess guns, body armor or ammunition and that he may not vote until after completion of sentence. Court ordered defendant to pay all COSTS and SURCHARGES through collection by the Department of Corrections from 25% of funds under Sec. 973.05(4)(b), Wis. Stats. and any prison accounts if revoked. The defendant is ordered to comply with the "Sex Offender Registry". Written Explanation of Determinate Sentence explained to the defendant, signed and filed with copy to defendant. Notice of Right to Seek Post Conviction Relief was filed by defense counsel. Ineligible Voting Notice & Acknowledgment received and filed; copy to defendant.

33
03-16-2010
Dispositional order/judgment
Martens-27, Kevin E.

34
03-17-2010
Other in-court activity
Martens-27, Kevin E.
Off the Record
Additional Text:
DNA COLLECTION Sample taken date: 3-17-2010 at the Milwaukee County Office of the Sheriff /krw

35
03-23-2010
Cash bond applied
Amount
$ 1000.00
Additional Text:
10A 011770

36
03-23-2010
Judgment of conviction
Additional Text:
issued.

37
09-13-2010
Transcript
Additional Text:
Certification of transcript of proceedings commencing 3-16-2010 SENTENCING Excerpt received and filed. (26 Pages) Copy of transcript forwarded to legal assistant JoLynn Blei 526 E Wisconsin Avenue Milwaukee WI 53202

38
03-24-2015
Notice of case status change

39
04-01-2015
Assessment Report

40
04-03-2015
Assessment Report

41
04-06-2015
Assessment Report

42
04-06-2015
Records scanned
Additional Text:
Bail refund check packet.