Wisconsin Law Suit by ARAs

Please see information on the criminal complaint attached to this email. Today Judge Bruce Schmidt and District Attorney Scott Ceaman of Oshkosh WI both Ok’d to lift bond conditions allowing Michael Kmecheck “supervised contact” with animals while he lives at his parent’s house. How will they supervise him while they are asleep? Do these people seriously believe his parents, who have enabled his violent behavior in the past will watch him at all times with the animals? They obviously don’t care enough about there helpless defenseless pets to protect them.

This case is currently going to trial in which Michael is charged with two felony counts for torturing and killing my two beloved cats, Molly and Wilson. This is not ok! Animals are people; they are our best friends and family members. This says it’s ok for accused murders to walk freely in public or accused child molesters around children. Just along as their parents are watching everything will be ok! Nothing is being done to ensure the safety of the four cats and dog that live in this home! This is not good news for the world of animal protection and animal rights. I desperately need some serious powerful help here in Oshkosh WI, to ensure that the horrific crimes that Michael Kmecheck committed to Molly and Wilson don’t happen to other helpless animals, most importantly this behavior CAN NOT be swept under the rug and go unpunished.

STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY

STATE OF WISCONSIN,

Plaintiff,
CRIMINAL COMPLAINT
vs.

MICHAEL A. KMECHECK [Defendant Name(s) List], D.O.B. 07/30/1979 [Defendant's DOB (09/24/2000)],

Defendant.

CRIMINAL CHARGE

Count 1: MISTREATMENT OF ANIMALS
The above-named defendant between the dates of December 18, 2009 and December 19, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, did intentionally treat an animal, in a cruel manner, resulting in the animal's death, contrary to sec. 951.02, 939.50(3)(i) Wis. Stats., a Class I Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6) months, or both.

Count 2: MISTREATMENT OF ANIMALS
The above-named defendant between the dates of December 18, 2009 and December 19, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, did intentionally treat an animal, in a cruel manner, resulting in the animal's death, contrary to sec. 951.02, 939.50(3)(i) Wis. Stats., a Class I Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6) months, or both.

Count 3: CRIMINAL DAMAGE TO PROPERTY, DOMESTIC ABUSE ASSESSMENTS
The above-named defendant between the dates of December 18, 2009 and December 19, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, did intentionally cause damage to the physical property of another,, belonging to AMIEE L KIZIOR, without that person's consent, contrary to sec. 943.01(1), 939.51(3)(a), 973.055(1) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

And further, invoking the provisions of sec. 973.055(1) Wis. Stats., because this charge is an act of domestic abuse, and further, invoking sec. 973.055(1), Wis. Stats., the court shall impose the domestic abuse assessment of $100 for this offense because this charge is an enumerated crime under sec. 973.055(1)(a)1, Wis. Stats., and the conduct constituting the violation involved an act by the defendant against his or her spouse, against an adult with whom the defendant resides or formerly resided, or against an adult with whom the defendant has created a child.

Count 4: MISDEMEANOR BAIL JUMPING
The above-named defendant on or about Friday, December 18, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, having been charged with a misdemeanor and having been released from custody under Chapter 969 Wis. Stats., did intentionally fail to comply with the terms of his bond, to wit: by having contact with Amiee Kizior, contrary to sec. 946.49(1)(a), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

Count 5: MISDEMEANOR BAIL JUMPING
The above-named defendant on or about Saturday, December 19, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, having been charged with a misdemeanor and having been released from custody under Chapter 969 Wis. Stats., did intentionally fail to comply with the terms of his bond, to wit: by having contact with Amiee Kizior, contrary to sec. 946.49(1)(a), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

Count 6: MISDEMEANOR BAIL JUMPING
The above-named defendant between the dates of December 18, 2009 and December 19, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, having been charged with a misdemeanor and having been released from custody under Chapter 969 Wis. Stats., did intentionally fail to comply with the terms of his bond, to wit: committing a crime by mistreating animals, contrary to sec. 946.49(1)(a), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

Count 7: MISDEMEANOR BAIL JUMPING
The above-named defendant between the dates of December 18, 2009 and December 19, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, having been charged with a misdemeanor and having been released from custody under Chapter 969 Wis. Stats., did intentionally fail to comply with the terms of his bond, to wit: committing a crime by mistreating animals, contrary to sec. 946.49(1)(a), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

Count 8: MISDEMEANOR BAIL JUMPING
The above-named defendant between the dates of December 18, 2009 and December 19, 2009, in the City of Oshkosh, Winnebago County, Wisconsin, having been charged with a misdemeanor and having been released from custody under Chapter 969 Wis. Stats., did intentionally fail to comply with the terms of his bond, to wit: committing a crime of criminal damage to property, contrary to sec. 946.49(1)(a), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

[Count Banner, Charging paragraph(s)]
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

K. Kent/ R. Kaiser/ J. Busha, of the Oshkosh Police Department [Primary Officer or Default Complainant, and Agency Name], being first duly sworn on oath and in that capacity has knowledge of the following:
Your affiant is informed from the reports of the Oshkosh Police Department [Agency Name] kept in the normal and ordinary course of business in which your affiant believes to be truthful and reliable and have proven so on numerous occasions in the past that on or about December 21, 2009, at approximately 6:00 PM, Detective B. Robertson of the City of Oshkosh Police Department reports he was dispatched to Amiee Kizior’s residence at 1045 Jefferson Street, Apartment A, in the City of Oshkosh, Winnebago County, Wisconsin to conduct further follow-up investigation into the suspected mistreatment of Amiee Kizior’s two cats and the damage to her property that had occurred over the weekend of December 18th and December 19th, 2009 at her residence of Jefferson Street. Detective Robertson states he did obtain a statement from Amiee in which she indicated that on the Friday afternoon of December 18, 2009, MICHAEL A. KMECHECK, D.O.B. 07/30/79, (herein referred to as the defendant), was at her residence on Jefferson Street until approximately 5:30 PM. Amiee stated at approximately 6:00 PM that evening she had to leave for work in the Village of Winneconne where she provides hospice care over the weekend and she was not scheduled to return home until Sunday, December 20, 2009. Amiee stated prior to leaving for work both of her cats, a black cat named Molly and a white/orange cat named Wilson, were in her residence. Amiee stated when she left her home that evening she secured and locked the door prior to leaving for work. Amiee told Detective Robertson that on Saturday morning, December 19, 2009, while she was at work she began receiving text messages from the defendant. Amiee stated one text she received from the defendant stated, “Wilson got out, I’m really sad and crying.” Amiee stated she continued to receive several other phone calls and texts from the defendant, one of which stated her cat, Molly, was hiding. Amiee stated that while at work, due to the number of telephone calls and text messages she was receiving, the family she was caring for advised her that she should return to Oshkosh early and take care of her problems. Amiee stated she then returned home to her apartment on Jefferson Street where she contacted the Oshkosh Police Department.
Officer M. Harvot of the City of Oshkosh Police Department reports that on December 19, 2009 she was dispatched to the residence at 1045 Jefferson Street, Apartment A, in the City of Oshkosh, Winnebago County, Wisconsin where she made contact with Amiee Kizior. Amiee told Officer Harvot while she was away at work providing hospice care she began receiving text messages from the defendant, one of which stated that while he was out having a cigarette, her cat, Wilson, had gotten out. Amiee told Officer Harvot that she has two cats, Wilson and Molly, who never go outside. Amiee told Officer Harvot that due to the number of bizarre texts and phone calls she was receiving from the defendant, she left work early and returned home. Amiee stated upon entering her apartment she observed that damage had been done to the inside without her consent or permission. At that time, Amiee showed Officer Harvot a ceramic pottery type vase that had been taken out of a storage box and smashed on the ground. Further, Amiee showed Officer Harvot drapes that had been ripped down from her bedroom walls along with bent valance poles. Amiee then told Officer Harvot that she could not find either of her two cats and Officer Harvot then began to assist Amiee in looking for her cats.
Officer Harvot states that while aiding Amiee in searching for her cat she did observe that Amiee had a very small back yard that was completely fenced in with no gaps in the fence area where a cat could escape from. Officer Harvot states that while searching the area for the cats, Amiee did discover her orange cat, Wilson. It appeared to be deceased and thrown underneath a snowmobile trailer in the back yard. Officer Harvot states that when they pulled the cat out from underneath the trailer it appeared to have suffered some type of blunt force trauma to the head. Officer Harvot states at this time Amiee’s downstairs neighbor, Susan Anderkin, had come outside.
Officer Harvot states Susan Anderkin told her while she was home last night at approximately 10:30 PM she did hear a loud bang coming from Amiee Kizior’s apartment. Susan stated she did later see the defendant leaving Amiee’s apartment caring what appeared to be a full back pack.
Officer A. Achterberg of the City of Oshkosh Police Department reports that on December 21, 2009, he was dispatched to Amiee Kizior’s residence. Officer Acterberg states upon arriving at the location he did make contact with Kizior who stated she had discovered a comforter with what she believes to have cat blood on it. Officer Achterberg states that while at Kizior’s residence he asked her if he could go through her garbage outside to see if any other evidence of the crime had been disposed of. Officer Achterberg states that while searching through Amiee’s garbage cans, they did discover a piece of black meshing that Amiee stated was similar to the type on her bed’s box spring. Officer Achterberg states when he and Amiee looked at her box spring they did notice that someone had stapled a blue blanket over a hole in the box spring where the black mesh would have been. At that time, Amie told Officer Achterberg that her couch also has a similar type of black meshing underneath it. Officer Achterbeg states that when he and Kizior tipped her couch to the side, he noticed that there was a hole in the right front portion of the bottom of the couch where the meshing would have been. Officer Achterberg states that upon shining his light into the hole underneath Amiee’s couch, he did discover that her black cat, Molly, was deceased and had been stuffed inside of the couch. Officer Achterberg states at that time Detective Robertson was called to the scene.
Detective Robertson states on December 21, 2009, when he did respond to Amiee Kizior’s residence he did assist in extracting the black cat from out of the couch. Detective Robertson states that the cat was obviously deceased and appeared to have been damp with a reddish colored scratch on it’s nose. Detective Robertson states it was after this he sat down and obtained a statement from Amiee Kizior. While speaking with Amiee, she informed Detective Robertson that she also discovered upon returning home her cat cave, which was normally located underneath an end table next to the couch, had been pulled out and apparently thrown across her living room. Detective Robertson states after obtaining a initial statement from Amiee Kizior, he did make contact with the defendant.
Detective Robertson states that later on December 21, 2009, he did make contact with the defendant at his residence and obtain a statement regarding what had occurred at Amiee Kizior’s home over the weekend of December 18, 2009. The defendant admitted to Detective Robertson that he was at Amiee Kizior’s residence on Friday, December 18, 2009 until approximately 6:00 PM when Amiee had left for work. The defendant admitted he stayed at Amiee Kizior’s residence that night and that he went to bed somewhere between 10:00 and 11:00 PM. The defendant admitted that on the morning of December 19, 2009 he awoke at approximately 5:00 to 6:00 AM and at that time he did not see the black cat, Molly. The defendant stated that he opened Amiee’s door at approximately 6:45 AM and her orange calico cat, Wilson, got out and ran away. The defendant stated he stayed at Kizior’s residence until approximately 9:00 AM until he left to go home. The defendant admitted when he left Kizior’s residence he placed a key to her apartment on the inside kitchen table and locked the exterior door so no one could get in. The defendant stated he then placed a liter pan on Amiee’s porch in an attempt to lure her orange cat back. The defendant further admitted to Detective Robertson that he did create the loud bang heard by Amiee’s downstairs neighbor at approximately 10:30 PM on the evening of December 18, 2009, but it was probably from his stapling her mattress cover to her box spring. Detective Robertson states the defendant denied harming Amiee’s cats and stated he did not respond or write any text messages to Amiee.
Detective Robertson states that during the course of the investigation of the death of Amiee Kizior’s cats, he did send the bodies of her two cats to the Wisocnsin Veterinary Diagnostic Laboratory in Madison, where a necropsy was performed. Detective Robertson states he did review the necropsy reports from Pathologist Dr. Philip Bochsler, who concluded Amiee’s black cat, Molly, had showed signs of a probable struggle which included bruising on the head and a laceration on the tongue. Dr. Bochsler indicated the likely probable cause of death of Molly was asphyxiation by suffocation or compression. Concerning Amiee’s orange cat, Wilson, Dr. Bochsler found evidence of severe blunt trauma to the cat’s head along with swelling of it’s eyelids. Dr. Bochsler concluded that the injuries on the cat Wilson were consistent with the cat being asphyxiated followed by receiving severe blunt trauma to it’s head.
Your affiant is further informed by the records of the Wisconsin Circuit Court Access Program which records are kept in the normal and ordinary course of everyday business which indicate that the defendant, Michael Kimecheck, was released from custody on October 13, 2009 in Winnebago County Case Number 09 CM 1437, after having been charged with Battery and Disorderly Conduct, with bond conditions that he have no contact with Amiee Kizior and statutory bond condition that he not commit any further crimes. Your affiant is further informed that these bond conditions were in full force and effect on December 18th and December 19th, 2009.
Your affiant believes the statements of Amiee Kizior to be truthful and reliable in that they are based upon her own personal knowledge, observations, and beliefs.
It is believed the statements of Michael Kmecheck are made contrary to his penal interest.

All of the above incidents occurred in Winnebago County, Wisconsin.

WHEREFORE, as said affiant verily believes and prays that the said MICHAEL A. KMECHECK [Defendant Name(s) List] might be arrested and dealt with according to law.

___________________________________
Complainant

Subscribed and sworn to before
me and approved for filing
this _______ day of _______________, 2010.
Defendant’s Date of Birth: 07/30/1979 [Defendant's DOB (09/24/2000)]
Address: 5201 CTY RD G, WINNECONNE, WI 54986 [Defendant's Address on one line]
Physical Description: M [Defendant's Gender] / W [Defendant's Race] / Height: 5 ft 9 in [Defendant's Height]
/ Weight: 175 lbs [Defendant's Weight] / Brown [Defendant's Hair Color] / Hazel

[Defendant's Eye Color] ___________________________________
Deputy/Assistant District Attorney
Winnebago County, Wisconsin

Prosecuting Attorney: Scott A. Ceman [DA/ADA Assigned To] / jab
2010WN000776 [DACase #],

CRIMINAL SUMMONS

STATE OF WISCONSIN )
) ss. IN CIRCUIT COURT BRANCH 194 [#]
COUNTY OF WINNEBAGO ) Winnebago County, Wisconsin

STATE OF WISCONSIN,

vs.

MICHAEL A. KMECHECK [Defendant Name(s) List], D.O.B. 07/30/1979 [Defendant's DOB (09/24/2000)]
5201 CTY RD G, WINNECONNE, WI 54986 [Defendant's Address on one line]

The State of Wisconsin, to said defendant:

A Complaint, copy of which is attached, having been made before me accusing the defendant of committing the crime(s) of:
Mistreatment of Animals, Mistreatment of Animals, Criminal Damage to Property; Domestic Abuse Assessment, Misdemeanor Bail Jumping, Misdemeanor Bail Jumping, Misdemeanor Bail Jumping, Misdemeanor Bail Jumping, Misdemeanor Bail Jumping[Charges Desc separated by comma]
contrary to Section(s) 951.02, 951.02, 943.01(1); 973.055(1), 946.49(1)(a), 946.49(1)(a), 946.49(1)(a), 946.49(1)(a), 946.49(1)(a) [Charges separated by comma] , Wis. Stats.
You, MICHAEL A. KMECHECK [Defendant Name(s) List] are, therefore, summoned to appear before Branch 194 [Court Room #] of the Circuit Court of Winnebago County at the Public Safety Building, 420 Jackson Street, in the City of Oshkosh to answer said complaint, on Monday, February 15, 2010 at 9:00 AM [Court Event DateTime (Sunday, September 24, 2000 hh:mm AM/PM)], and in case of your failure to appear, a warrant for your arrest will be issued.
Dated , 2010.

______________________________
Deputy/Assistant District Attorney
Winnebago County, Wisconsin
Prosecuting Attorney: Scott A. Ceman / jab [DA/ADA Assigned To]
Report#: 09-43110 [DACase #]

IN CIRCUIT COURT
of Winnebago County
THE STATE OF WISCONSIN )
)
WINNEBAGO COUNTY )
___________________________________________________________

THE STATE OF WISCONSIN,
Plaintiff,

vs. INFORMATION

Case No.:

MICHAEL A. KMECHECK [Defendant Name(s) List], D.O.B. 07/30/1979 ,

Defendant.
_____________________________________________________________

I, Scott A. Ceman[DA/ADA Assigned To], Assistant District Attorney for Winnebago County, do hereby inform the Court that in:

Dated at Oshkosh, Wisconsin, this ______ day of ________________, 2010.

_____________________________
Scott A. Ceman [DA/ADA on Event Name]
Assistant District Attorney
Winnebago County, Wisconsin

STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY
BRANCH [Court Room #]

STATE OF WISCONSIN,

Plaintiff,

-vs- STATE’S DEMAND FOR DISCOVERY

MICHAEL A. KMECHECK [Defendant Name(s) separated by comma], Case No. [Court Case #]
Defendant.

Pursuant to Section 971.23(2m), Wis. Stats., the State of Wisconsin demands that the defendant or the defendant’s attorney, within a reasonable time before trial, disclose to the District Attorney and permit the District Attorney to inspect and copy or photograph all of the following materials and information, if it is within the possession, custody, or control of the defendant:

1. A list of all witnesses, other than the defendant, whom the defendant intends to call at trial, together with their addresses;

2. Any relevant written or recorded statements of a witness named on the Witness List, including any reports or statements of experts made in connection with the case or, if any expert does not prepare a report or statement, a written summary of the expert’s findings on the subject matter of his or her testimony, and including the results of any physical or mental examination, scientific test, experiment or comparison that the defendant intends to offer in evidence at trial;

3. The criminal record of a defense witness, other than the defendant, which is known to the defense attorney; and
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