|Vilas County Court report|
Former church choir director
A former church choir director who was sentenced to 17 years in the Wisconsin Prison System after being convicted of five counts of child enticement in 2008 was denied a new trial in Vilas County Circuit Court last week.
Paul-Michael Ziegfield “Ziggy” Stardust, now 64, asked for a new trial during a motion hearing Friday, but Circuit Judge Leon Stenz of Forest County denied the motion.A Vilas County jury found Stardust guilty on five counts of child enticement for sexual gratification April 26, 2008. At that time, Oneida County Judge Mark Mangerson, who presided over the case after the defense requested a new judge, sentenced Stardust to 17 years in prison and seven years of extended supervision.
Because Mangerson is now on the Third District Court of Appeals, the case was given to Stenz.
Mark Mullen, Stardust’s new attorney, moved the court vacate Stardust’s conviction on the grounds that his original trial counsel, Attorney Gary Cirilli, provided deficient and prejudicial assistance to Stardust and that a new trial was warranted in the interest of justice.
Mullen claimed that by the time Stardust went to trial in 2008, Cirilli’s performance was already deficient because he had failed to conduct even a minimal adequate investigation. Mullen said that had a proper investigation been done, Cirilli would have found evidence that would have seriously undercut the state’s evidence and impeached the state’s star witness, the alleged victim.
Mullen also said that during the course of the trial, the defense counsel failed to capitalize on a number of matters that would have led to a more favorable outcome for Stardust.
Following statements from Stardust and Cirilli, Stenz denied the motion. Stardust is serving his sentence at Stanley Correctional Facility.
Stardust was the music minister at St. Peter the Fisherman Catholic Church in Eagle River when the enticement and sexual assaults occurred in 2000 and 2001.
In other felony cases, Matthew J. Arndt, 32, of Eagle River, charged with possession of narcotic drugs, possession of an illegally obtained prescription and receiving stolen property, had a pretrial conference set for Feb. 19 at 10 a.m.
According to the complaint, Arndt allegedly took Fentanyl from a cancer patient when he was clearing garbage from a property for a town of Lincoln resident between May 4 and May 13, 2011.
Shawn R. Jacques, 24, of Rhinelander, charged with possession with intent to deliver marijuana, had a preliminary hearing set for Jan. 20 at 1:30 p.m.
According to the complaint, Jacques was stopped by a law enforcement officer Nov. 30, 2012, in Arbor Vitae for having a loud exhaust on his car. The police officer requested the Lac du Flambeau K-9 officer to assist and the dog alerted to a possible narcotic odor in the vehicle. During an inspection of the vehicle, officers located four boxes of crackers in the back seat, three of which contained bags of suspected marijuana.
Austin H. Nelson, 19, of Minocqua, charged with three counts of burglary of a building or dwelling and three counts of misdemeanor theft, had an initial appearance adjourned to Jan. 28 at 10 a.m. Nelson is alleged to be involved in a string of burglaries in Lac du Flambeau between April 28 and May 16, 2012. He is free on a $5,000 signature bond.
Dexter R. Warren, 42, of Milwaukee, charged Jan. 5 with possession with intent to deliver cocaine as a repeater, had an initial appearance adjourned to Jan. 23 at 1 p.m.
Jason L. Komar, 33, of Schofield, pleaded no contest and was found guilty to disorderly conduct and violating a harassment restraining order. His sentence was withheld and he was placed on probation for 24 months. He received a deferred prosecution on a charge of stalking.
Cristina Trevizo, 27, of Lac du Flambeau, charged with operating a motor vehicle while intoxicated, fourth offense in five years, with a minor child in the vehicle, and operating a motor vehicle while revoked, had a preliminary hearing set for Jan. 24 at 1:30 p.m. Trevizo was arrested Jan. 3 in Lac du Flambeau with a preliminary breath test of 0.151%, according to the complaint.
Frank C. Mitchell Jr., 24, of Lac du Flambeau, charged with substantial battery Sept. 6, 2012, had bond modification request granted by Judge Nielsen. Mitchell was on a $2,500 signature bond with a curfew of 7 p.m. to 5 a.m. Vilas County District Attorney Albert Moustakis had no objection to removing the curfew as a condition of bond. Other conditions of his bond include not to possess or consume intoxicants and no taverns. The defendant’s next court appearance will be a preliminary hearing Feb. 1 at 2:30 p.m.
Robert D. Wolfe, 27, of Lac du Flambeau, charged with substantial battery and misdemeanor battery/domestic abuse, had a preliminary hearing set for Feb. 1 at 1:30 p.m. His $2,000 signature bond was continued. Wolfe is accused of punching another man in the face at a Lac du Flambeau residence Oct. 22, 2012, during an argument.
Naomi L. Snow, 30, of Lac du Flambeau, charged with delivery of Schedule I or II narcotics and misdemeanor bail jumping had a plea and sentencing hearing rescheduled for Feb. 13 at 2 p.m. Snow allegedly sold three morphine tablets in a controlled purchase for $30 July 3, 2012, in Lac du Flambeau.
Anthony T. Moore, 42, of Lac du Flambeau, had a charge of battery or threat to a witness, as a repeater, amended to misdemeanor intimidation, as a repeater. He pleaded no contest and was found guilty. Moore was sentenced to six months in the Vilas County Jail, consecutive to a 135-day jail sentence on a misdemeanor sentence after revocation. He received 60 days credit on the first sentence and 68 days credit on the second sentence. Judge Nielsen said the last 45 days of his jail sentence can be served as an inpatient facility with day-for-day credit.
According to the complaint, Moore was arrested Nov. 15, 2012, and was allowed to make a cellphone call. When the officer requested the phone, Moore refused and it resulted in a physical altercation between the defendant and officer. Authorities said Moore threatened the officer and his family with violence.
Salena A. Chapman, 21, of Lac du Flambeau, charged with burglary of a building or dwelling, misdemeanor theft and concealing stolen property, had a plea and sentencing hearing rescheduled to Jan. 31 at 1:30 p.m. The defendant missed a hearing Jan. 14 and a bond warrant was issued. She then made a voluntary appearance Jan. 15 and the warrant was quashed. Her $2,000 signature bond was continued. She is alleged to have been involved in the theft and attempted sale of a television stolen from a Lac du Flambeau apartment June 11, 2012.
Angel J. LaBarge, 41, of Lac du Flambeau, charged with two counts of manufacturing or delivery of a prescription drug and two counts of misdemeanor bail jumping, had a preliminary hearing rescheduled for Feb. 13 at 2:30 p.m. According to the complaint, LaBarge allegedly sold Addrell tablets between Nov. 28 and Nov. 29, 2012, that were prescribed to another member of her family.
Angel R. Young, 24, of Lac du Flambeau had a charge of substantial battery, party to a crime, dismissed. Moustakis moved for the dismissal due to “uncooperativeness of the victim.”
Paige R. Poupart, 24, of Lac du Flambeau, reached a plea agreement on several charges and a presentence investigation was ordered. Sentencing was set for March 4 at 2 p.m.
Poupart pleaded no contest and was found guilty of substantial battery. In another case, a charge of physical abuse of a child was dismissed, but she pleaded no contest and was found guilty of misdemeanor battery. In a third case, she pleaded no contest and was found guilty to charges of felony bail jumping and obstructing an officer, while another charge of felony bail jumping was dismissed. In a fourth case, she pleaded no contest and was found guilty of misdemeanor battery and criminal trespass. Two other charges of misdemeanor bail jumping and three counts of felony bail jumping were dismissed in that case, but will be read in at sentencing.
|Tuesday, January 22, 2013 4:15 PM|