1. On January 1st, 2013, plaintiff Bodie Witzlib, a full time college student in the University of Wisconsin College System, was enjoying winter break. Witzlib, not unlike most college students, sought to secure a part time job and be productive when not studying and doing school work for his courses, instead of just vegging out in front of the TV or playing video games. Being lazy definitely would have been in Witzlib’s best interests considering the results of Witzlib’s proactive business goals and entrepreneurial spirit. In mid January, a week before winter break ended, Witzlib was struck with an idea to start a business working for himself with hopes of making money out of the comfort of his own home. In Washington County Wisconsin, Witzlib’s home county, big billboards could be viewed from the major highway that runs through the middle of the county, Hwy 41, advertising and promoting the sale and use of “fireworks.” Witzlib remembered how much fun him and his friends used to have blasting off fireworks for shits and grins. Witzlib did some research on the internet and learned he could produce fireworks on a small scale from the comfort of his home and generate some extra money for food and other expenses. So instead of sitting around and doing nothing, or working for someone else that reaps the rewards of all his labor, Witzlib decided to be creative and productive in his spare time away from studying. Witzlib decided, after doing some research, to start a small business producing fireworks on a small scale. Witzlib made his pipe dream a reality when he established “G.I. Fireworks” in January of 2013. Witzlib thought G.I. Fireworks was a really cool name for a fireworks company. One of Witzlib’s many original ideas. Witzlib researched safety procedures and legally purchased all of the raw materials off the internet and had the materials shipped directly to his home. All legal. Under the United States Code, Title 18 Chapter 40 Section 845 (a)(5), one may legally possess up to 50 lbs. of black powder. Witzlib never possessed anywhere near 50 lbs. of black powder at any time. Witzlib worked all winter long in the production phase of business operations for the summer season of 2013. By the end of April, as Witzlib’s spring semester of college was winding down, Witzlib had produced over a thousand potentially functional firework units, nearly all of them about half the size of your index finger, about the same size as a 12 gauge shotgun shell, and nearly all containing small amounts (1-2½ grams) of potentially explosive powder. Witzlib did not produce “weapons” (pipe bombs, grenades, landmines, bombs, guns, missiles . . .) that are used to possibly harm people, Witzlib produced fireworks that people blast off for shits and grins and that there is actually a market for in Wisconsin and has been for generations. Witzlib did not purchase a thousand fireworks and make a pipe bomb; Witzlib purchased raw materials legally off of the internet, started a small business and worked for 3 months at a workbench in his basement producing a thousand potentially explosive fireworks. Witzlib uses the word “potentially”, because all of the fireworks could have been duds. The fuses were never lit on any of the fireworks so no one will ever know if the fireworks were actually explosive devices because all the fireworks could have been “duds.” Witzlib points out that there is a night and day difference between someone who purchases a thousand fireworks and converts them into a pipe bomb and someone who purchases raw
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materials and works for 3 months at a workbench producing a thousand fireworks. Despite the fact, in Witzlib’s case, there is no question that Witzlib is clearly the latter; the Eastern District of Wisconsin Federal Governmental Institution is prosecuting and has treated Witzlib as though he were the former. Including violating Witzlib’s Constitutional Rights in efforts to prosecute and convict Witzlib for the sake of exercising and enhancing their own power and for the sake of their own glory. Hence the foregoing lawsuit. Q. 1-7.
2. On April 30th, 2013, two informants appeared at the Germantown Police Department in the Village of Germantown Wisconsin where Witzlib resided, and complained of someone with fireworks in the basement. The informants verbally requested that the Germantown Police remove/arrest that person who was Witzlib. Witzlib’s residence was located at N96 W14250 County Line Road in Germantown Wisconsin. One of the informants was Witzlib’s uncle. Up until this point, Witzlib was under the impression that his uncle was also his business partner. Witzlib’s uncle lent Witzlib all the tools necessary to produce the fireworks; cordless drill, drill bit set, digital scale. Witzlib’s uncle also told Witzlib that he was going to help Witzlib sell the finished fireworks products. On April 30th, 2013, Witzlib’s uncle flip-flopped 180 degrees when he appeared at the Germantown Police Department in a joint effort with his wife, the other informant, to have Witzlib arrested and removed from his home of 5 years. Witzlib’s uncle complained to the police with a laundry list of reasons that he felt justified the removal of Witzlib from his home. Witzlib’s uncle complained to police on interview video that Witzlib stayed up too late at night, slept in too late in the morning, had a messy bedroom, was playing baseball, smelled bad, had bad genes, used his grandmothers car when Witzlib’s was being repaired, possibly didn’t have a license, didn’t pay rent, started a business called “G.I. Fireworks” and was advertising and had fireworks in the basement. The informant, Witzlib’s uncle, requested that police remove Witzlib citing the aforementioned reasons to justify the removal. At approximately 5:00 p.m. Officer P. Schmitt of the Germantown Police Department took steps to obtain a search warrant when Schmitt contacted officials at the Washington County Courthouse. At that time, it was “determined” by officials that consent was required. Between 5:00 p.m. and 7:30 p.m. government officials planned a scheme to enter Witzlib’s residence without a warrant. The devious scheme was plotted at the Germantown Police Department. At approximately 7:30 p.m., two officers in plain clothes pulled into Witzlib’s driveway in a large unmarked sports utility vehicle and parked at the end of the driveway. These officers were local police officer P. Schmitt and federal officer J. Keeku. These officers exited the unmarked vehicle and walked up to the front door of Witzlib’s house. Witzlib met the officers at the front door. Schmitt told Witzlib that officers were investigating a “hit and run” accident and requested that Witzlib step outside to inspect his car for damage. Witzlib denied being involved in a “hit and run” car accident and stepped outside at the officers’ request. Witzlib was aware that obstructing a police investigation was a crime. Witzlib and the two officers walked out into the driveway to where Witzlib’s car was located, approximately 30-40 ft. from Witzlib’s front door. Upon reaching the car in the driveway, another Germantown
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police officer pulled up on the scene in a marked squad car and parked on the street. This officer, D. Moschea, quickly exited his squad car and walked across the sidewalk and the lawn to where the three individuals were standing near Witzlib’s car in the driveway. At this time, Schmitt told Witzlib that police were really not investigating a “hit and run” and asked Witzlib if there was anything in the house that police should know about. Witzlib, after learning that police had just lied to his face moments earlier, told police to get off the property and asserted his Constitutional Rights. Police refused to leave; Moschea ordered Witzlib not to move and told Witzlib that he was being “detained.” Schmitt and Keeku entered Witzlib’s home without a warrant and with a consent form in their pocket. Q.8. Upon entering the residence, officers stopped to pressure the homeowner Ruth Witzlib to sign a consent to search form. Ruth, under the pressure of Schmitt and Keeku who had intruded into her home, signed the form. Schmitt and Keeku searched and found what they thought might be fireworks in the basement. Schmitt and Keeku exited the residence and handcuffed Witzlib. Witzlib was transported to the Germantown Police Department by Moschea. There, Moschea pressured Witzlib to sign a “Miranda Rights” consent form, waiving Witzlib’s right to remain silent and agreeing to talk with police. Witzlib signed the form at Moschea’s request. Moschea engaged Witzlib in conversation and interrogation for over an hour that was recorded on interview video. Schmitt and Keeku appeared over an hour later and further interrogated Witzlib. Witzlib expressed concern about incriminating himself and requested to talk to a lawyer. After Moschea, Schmitt and Keeku were through interrogating Witzlib; Witzlib was transported to the Washington County Jail and booked on fireworks related charges.
3. On May 1st, 2013, the next day, Witzlib wrote a letter to Mark Bensen, Washington County District Attorney, requesting a signature bond so that Witzlib would not miss his college exams for the spring semester of 2013. Witzlib worked hard, at both his business, and studying, all winter and was achieving high grades in ALL of his college courses.
4. On Thursday May 2nd, 2013, Witzlib met with the Washington County Public Defender Nadia Perez to discuss the case and the initial appearance. Perez was a good attorney.
5. HEARING: On Friday May 3rd, 2013, Witzlib made an initial appearance in Washington County Circuit Court. Bond was set at $25,000.00. News media was present from the major local network stations and footage was broadcast on TV.
6. On or about Wednesday May 10th, 2013, Witzlib retained federal panel attorney Michael Cohn. Witzlib’s mom paid Cohn $5,000.00 out of her life savings. Q.10.
7. On or about May 15th, 2013, Cohn met with Witzlib in the Washington County Jail and provided Witzlib with paperwork and legal documents that included the charges the charges against Witzlib as well as the police incident reports written the day of the incident April 30th, 2013, by officer Schmitt, documenting the day
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of the incident, April 30th, 2013. Witzlib obtained two distinctly different police incident reports, both written by Schmitt, at that time, from federal panel attorney Cohn. The first Schmitt incident report summarized Schmitt’s interview with informant number one, Witzlib’s aunt and wife of informant number two, Witzlib’s uncle. The informant’s lived in a nearby residence. The second incident Schmitt wrote summarized the incident itself. There may have been other reports, however, Witzlib was never given access to any other reports. There was apparently no report written wrote regarding informant number two, possibly because informant number two was video interviewed. If Schmitt did write a report regarding the informant number two interview, that report was never disclosed to Witzlib at any time. Specifically, in the first Schmitt incident report affidavit, summarizing Schmitt’s interview with informant number one (not video recorded), Schmitt quotes informant number one in her original report as stating that Witzlib was “off his medications.” Informant number one stated this false fact as one of informant number one’s reasons to support the arrest of Witzlib, removal of Witzlib from his residence and subsequent raid of Witzlib’s home. Schmitt clearly quoted informant number one in the original police incident affidavit. The statement “off his medications” was in quotation marks in the original report. The original summary of Schmitt’s contact with informant number one was only a few paragraphs on a single page. The only quote on the entire page was the “off his medications” quote by Schmitt. The quote stuck out like a sore thumb, not only because it was the only specific quote in any of the several incident report affidavits but because the statement was a lie. Witzlib was not on “medications” and had never taken “medications” in his entire life! Informant number one, who desired to have Witzlib removed from his residence for years, deliberately and knowingly tells this manipulative lie to police. The first informant’s lie was told to officer Schmitt and Schmitt recorded it in quotation marks in the original police report; “off his medications.” All of the original police incident reports were handed over to Witzlib by federal panel attorney Michael Cohn while Witzlib was located at the Washington County Jail in mid May of 2013.
8. Witzlib examined the original report affidavits with a fine toothed comb, finding numerous inaccuracies, contradictions, inconsistencies, false statements, ONE false quote, and relevant material information left out of the reports all together by the police which authored those reports. Witzlib examined and went over the original police report incident affidavits countless times. Witzlib, who possess above average intelligence and was a high scoring college student coming off a year of above average grades, was locked in a small cell the month of May, 2013, with nothing more than court paperwork and a few police incident reports. Witzlib went over the original police incident reports a hundred times. Schmitt clearly quoted informant number one as stating that Witzlib was “off his medications” in the original incident report of the informant number one interview Schmitt conducted on the day of the incident.
9. In May of 2013, after going over the reports, Witzlib brought all of the false and concealed information to the attention of federal panel attorney Cohn. Cohn
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disregarded everything that Witzlib told him and refused to take any legal action regarding the false affidavits on Witzlib’s behalf. Cohn waived the preliminary hearing and advised Witzlib to take a 4 year federal prison deal offered by the government or plead mental illness. The fact is, Witzlib was not mentally ill then, now, or ever. Witzlib was an organized, focused, high scoring college student who had maintained high grades all year, went two for three in a rec league baseball game, just roto tilled his garden and bought a state fishing license days before the incident, won two large Milwaukee area poker tournaments against a large number of people who were actually trying to win, started a small business and worked all winter producing products and took care of all his responsibilities and commitments above and beyond, like taking care of his elderly grandmothers. Witzlib was not mentally ill in any way. Witzlib was of sound mind, very sound. Witzlib told federal panel attorney Cohn that he asserted his Constitutional Rights outside of his residence in the driveway. Witzlib told federal panel attorney Coohn that police lied to him at his front door. Cohn told Witzlib that nothing Witzlib said mattered because police officer Schmitt and Keeku got the homeowner Ruth Witzlib to sign a consent to search form.
10. Witzlib was in possession of the original police incident report affidavits from mid May, 2013, until August 27th, 2013, when Witzlib’s property and records, both legal and medical, were seized by the government; U.S. Marshal’s, Dodge County Jail administrators, and a federal panel attorney.
11. Witzlib was confined the entire month of May, from May 1st, 2013, until May 29th, 2013, in the Washington County Jail. Nearly the entire month, Witzlib was housed in segregation block D-2 in the Huber wing of the facility. Several of the inmates in that block at that time had lengthy criminal records, in and out of prison. Several of these inmates were hostile and on heavy doses of psychotrophic drugs. One of these inmates was registered sex offender and diagnosed paranoid schizophrenic Lawrence Arnold. Arnold was arrested a few days before Witzlib. Arnold was found hiding in a shed type structure somewhere in the Kettle Moraine State Forrest after a local manhunt had been launched to apprehend him. Witzlib, over the course of the month locked in close quarters with Arnold, told Arnold that he had written a book and in that book, published in 2011, Witzlib asserted the opinion that sex predators should be castrated for the health and wellness of the community. Arnold resented Witzlib for openly condemning his criminal history and for Witzlib’s opinion. Arnold had full access to Witzlib’s story and case because it was broadcast on the local news stations. Arnold, who was heavily medicated at this time for paranoid schizophrenia, and who admitted to hearing voices of people who were not there, wrote a statement against Witzlib. Lawrence Arnold’s statement was 100% false. In the statement, dated May 29th, 2013 the same day Witzlib was transported out of the Washington County Jail, Arnold alleged that Witzlib told him that he was going to “bomb churches” in Germantown Wisconsin. This was a false statement. A lie! This was a malicious lie concocted by a psychopath. Lawrence Arnold. Since May, 29th, 2013, federal prosecutors have used this lie to justify violating Witzlib’s Constitutional Rights and to justify maliciously prosecuting Witzlib. The Arnold statement was entered
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into evidence by prosecutors on May 29th, 2013, and has been used by federal prosecutors as a weapon to justify unlawful tactics of prosecution.
12. The second week of May, as Witzlib was missing his final exams for college after working his tail off all school year to achieve good grades; Witzlib plucked the hair out of his entire face, beard and moustache. Witzlib also shaved his head. The United States Attorney’s Office policy in the Eastern District of Wisconsin Milwaukee Courthouse is to use false statements of unreliable jailhouse rats and informants as a manipulative way to unlawfully obtain power over defendants and as a means of justifying unlawful tactics of prosecution.
13. From May 1st to approximately May 10th, 2013, Witzlib’s case was widely publicized by the local news media and was broadcast on every major local news channel. Witzlib has already suffered from the inaccurate publicity as snakes like Lawrence Arnold have leeched onto his case. Witzlib’s case saw publicity from local talk radio, local TV, the Milwaukee Journal newspaper with a state wide audience and on the internet. The entire Milwaukee area was saturated with Witzlib’s story for over a week. The news media was not reporting the facts and failing to report the whole story. For instance the fact that Witzlib asserted his Constitutional Rights and was an A student in school were details never reported by the media. The news media, with information spoon fed to them directly from police and federal officials, had portrayed Witzlib’s character in a false light; humiliated Witzlib; slandered Witzlib and defamated his character. The government, through the use of lies and fabricated information, created a threat where there wasn’t one and created danger where there wasn’t any, all for the sake of their own glory and desire to prosecute and raid. All at the expense of Witzlib’s constitutionally protected interest in Liberty, life, future and reputation.
14. On May 21st, 2013, Witzlib was indicted by a grand jury on fireworks related charges. Q.11 and R.1.
15. HEARING: On May 29th, 2013, before a scheduled court hearing in Washington County Circuit Court, Witzlib met with Cohn to discuss the case. Cohn told Witzlib that the State of Wisconsin was dropping the charges and that Witzlib had been indicted on federal charges May 21st, 2013. Witzlib again, at this meeting, told Cohn that he asserted his Constitutional Rights and that the police incident reports were filled with false information and were missing information. Cohn ignored everything Witzlib told him and refused to challenge the false reports or the evidence obtained from the unwarranted search. Conn kept insisting that Witzlib claim mental illness and strike some type of deal with the government on those grounds. The only meaningful legal action Cohn took on Witzlib’s behalf was showing up for court on May 29th, 2013, visiting Witzlib in Jail and submitting a standard motion for discovery which Cohn did not draft for Witzlib’s specific case. Q.12.
16. Witzlib appeared for the hearing on May 29th, 2013, in Washington County Court. The state of Wisconsin dismissed the charges. Later that afternoon, after court,
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Witzlib was transported from the Washington County Jail to the Milwaukee Federal Courthouse by federal officials. Witzlib was there secured in the bullpen holding cell area.
17. Before court, an arraignment hearing, Witzlib was taken out of the holding cell area by deputy marshals and led into a small interview room. There Witzlib was interviewed by probation and parole officer S. Mott. Witzlib expressed concern about talking with Mott without his lawyer. Cohn never said anything to Witzlib about an interview with a federal social worker. Mott insisted that the probation interview was standard procedure and told Witzlib that she only wanted basic information from him. Witzlib went through with the probation interview with Mott, which was more like an interrogation than an interview. Mott demanded to know personal information and financial information. Witzlib told Mott that he had no money, was in debt $15,000.00 with college loans and paid every cent he had to Cohn and now owes his mom $5,000.00 for the cost of Cohn’s retainer. Witzlib made it very clear to Mott that neither Witzlib nor his mom were rich. Witzlib also told Mott that over $600.00 in cash was taken from Witzlib’s desktop on the day of the incident by police and that money was never listed in any of the police inventory lists. Mott became visibly agitated by Witzlib’s insistence that he had no money. The meeting with Mott lasted approximately 30-45 minutes. Q.12 and R.2.
18. After the probation interview, Witzlib appears in court before Magistrate Judge Nancy Joseph for an arraignment and plea hearing. Cohn was present. Q.12 and R.3. Witzlib pleads “NOT GUILTY.”
19. Bond was not set by Judge Joseph at that time. Witzlib was ordered “temporarily” detained. R.5. Court enters a pre-trial order setting timeliness guidelines, procedural order. R.6.
20. After arraignment, Witzlib is transported to the Dodge County Jail and Federal Holding Facility in Juneau Wisconsin, over an hour drive away from the federal courthouse in downtown Milwaukee. Witzlib remains in the Dodge County facility for the next 3 months. Within a few days of being booked in the Dodge County facility, Witzlib is moved to “C” block, general population. Witzlib discovers that the Dodge County Federal Holding facility does not have a fully functional law library. Despite the posting on the wall of the law library, which advertised the “Lexis Nexis” software computer program, there was actually no “Lexis Nexis” program on the computer in “C” block. Furthermore, Dodge County wasn’t paying the full subscription to the “Lois Law” internet Law Library so inmates only had access to the Wisconsin Statutes, the Wisconsin and United States Constitutions and the U.S. Code. Inmates did not have access to state and federal case law in the Dodge County facility at that time. There were no law books in the “C” block area whatsoever, only the computer. Witzlib was deprived of a functional Law Library by the state and federal government the entire time he was located in the Washington and Dodge County Jails in 2013. Witzlib was
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deliberately placed in specific housing locations by the government that was in control of his body at that time.
21. On May 30th, 2013, a “Trial Scheduling Order” is set by the District Court, before Judge J.P. Stadtmueller, scheduling trial for July 29th, 2013. Q.13 and R.4.
22. On June 1st, 2013, Witzlib received a copy of the “Pre-trial Service Report” written by federal probation officer Mott. The report is predominantly false, painting Witzlib’s character in a false light. Mott’s report is filled with false information and distorted information and fails to include numerous facts that were favorable to Witzlib and the perception of Witzlib’s character to any person who may examine the report or court official who may examine the report and use the report to make and justify decisions made which could negatively or positively impact Witzlib’s present or future for years to come. Mott’s inaccurate and false report further damaged Witzlib’s case and hopes to clear his name. After receiving Mott’s inaccurate report, negatively and falsely portraying Witzlib’s character in a negative and false light, Witzlib immediately wrote a statement for the record correcting Mott’s inaccurate report. Witzlib submitted the correction to Magistrate Judge Nancy Joseph via the U.S. Mail on June 1st, 2013. Q.14 Ten page typed letter to Nancy Joseph.
23. The first week of June, 2013, Witzlib informs Cohn via U.S. Mail, and verbally over the phone, that Witzlib is no longer interested in Cohn’s counsel. Since Cohn only appeared 1 day in court and refused to challenge the evidence against Witzlib or take any other legal action on Witzlib’s behalf, and since Cohn was advising Witzlib to plead mental illness when Witzlib’s mind was solid, clear, and sound, Witzlib told Cohn that he would be representing himself. Witzlib requested to know how much of the $5,000.00 Witzlib would get back out of the retainer. Cohn told Witzlib, over a telephone conversation from the Dodge County Jail that Conn would make out a bill and tell Witzlib the following week, which would have been the second week in June of 2013. The next week, again over the phone (which was scheduled by the jail and took place in the “C” block teleconference area near the Law Library computer), Cohn told Witzlib that this bill stood at $6,100.00! Witzlib asked Cohn how his bill could be so much? Cohn stated that he charged $300.00/hr. Up until this point Cohn never stated at any time that he was charging $300.00/hr. Witzlib requested a portion of the retainer refunded $1,500.00 and Cohn refused. Cohn and kept the full $5,000.00.
24. On June 9th, 2013, Witzlib submitted a two page letter to Assistant U.S. Attorney Tracy Johnson. Q.15.
25. HEARING: On June 11th, 2013, Witzlib is never notified or brought to court by the Dodge County transport staff or the U.S. Marshals. Cohn appears at the hearing (after being fired by Witzlib) and slanders Witzlib in open court, telling the court that Witzlib has mental issues. Cohn, who is a federal panel attorney,
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seeks to be appointed as counsel through the federal defenders service official Dan Stiller. R.8.
26. On June 13th, 2013, Witzlib submits a letter regarding the case to Tracy Johnson. Q.16.
27. On June 17th, 2013, Witzlib allegedly submitted documents sealed by the court. R.9.
28. The Dodge County Jail and Federal Holding facility has a policy that all incoming inmates receive a “check up” by jail medical staff within the first two weeks of being booked into the facility. At Witzlib’s initial check up from the jail nurse, Witzlib informed the medical staff that he had been feeling physically unwell for some time. Witzlib told the medical staff that he had pain in his chest and esophagus area amongst other symptoms and signs of disease. Witzlib’s medical records had been forwarded to the Dodge County Jail medical staff by the U.S. Marshals who obtained Witzlib’s records from the Washington County Jail medical staff, S. Waldhart and P. Cornelius. In Washington County, Witzlib was tested for Hepatitis A, B and C and for HIV and was allegedly negative. Witzlib had complained of the same signs and symptoms in the Washington County Jail to the medical staff. Witzlib was misdiagnosed with heartburn by the Washington County Jail medical staff and was prescribed a prescription strength acid reflux drug. Witzlib has never suffered from “heartburn” at any time. Witzlib took the heartburn drug prescribed to him by the Washington County Jail medical staff and Witzlib’s condition did not improve. Witzlib never gave consent or signed anything allowing Washington County to release Witzlib’s medical records to the U.S. Marshals service and every subsequent government facility that Witzlib was confined in. The “copout” heartburn misdiagnosis, which is a very convenient condition and affordable condition to treat by jail medical staffs, has been perpetuated by the U.S. Marshal’s service and every subsequent federal holding facility since May of 2013, despite overwhelming concrete evidence, signs and symptoms of physical disease, that points to a chronic serious physical medical condition affecting Witzlib’s health. At the initial nurse visit with Dodge County federal holding facility medical staff, the Dodge County mail nurse “Austin” ignored and disregarded obvious signs of physical illness and Witzlib’s concerns and complaints of pain.
29. On June 17th, 2013, Witzlib submits a letter to Nancy Joseph. Q.17.
30. On June 26th, 2013, Cohn moves to withdraw as counsel. Q.19 and R.11.
31. On June 27th, 2013, Witzlib submits a letter to the court stating he wishes to represent himself at trial. R.12.
32. On June 28th, 2013, Witzlib submits several documents to the district court in defense of his character. R.14.
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33. HEARING: On July 2nd, 2013, at a hearing at the federal courthouse in Milwaukee Wisconsin, the court grants state licensed federal panel attorney M. Cohn’s request to withdraw and allows Witzlib to represent himself under pro se status moving forward. Q.20 and R.15.
34. On July 12th, 2013, Witzlib submits letters to J.P. Stadtmueller concerning the case. Q.21 and 22.
35. On July 15th, 2013, Assistant U.S. Attorney Laura Kwaterski files a “Notice of Appearance.” R.18.
36. On July 16th, 2013, Witzlib submits a letter to Tracy Johnson concerning the case. Q.24.
37. On July 16th, 2013, Witzlib submits a “Motion to Adjourn” the pending trial scheduled for July 29th, 2013. Q.30 and R.19.
38. On July 17th, 2013, Witzlib receives discovery trial documents. Q.25, 26 and R.21. Witzlib discovers after examining discovery materials sent to him by federal prosecutors, that contained in discovery are hundreds of pieces of alien information that the government computer technician allegedly extracted from Witzlib’s computer. The vast majority of this material Witzlib had never seen before in his entire life. Some entity within the federal government, who had access to the discovery and to Witzlib’s Gateway computer, injected a massive amount of alien discovery evidence into the discovery “thumbnails” that was never on Witzlib’s computer and that Witzlib had never seen before or read before in his entire life. Injecting false materials into discovery is unlawful. In addition to the vast amounts of miscellaneous alien discovery, Witzlib discovered that 2 of the discovery C.D.’s which contained video footage of the search warrant and of Witzlib allegedly producing fireworks in his basement were not able to be viewed by Witzlib because the C.D.’s mailed to Witzlib were not compatible with the Dodge County federal holding facility computers.
39. On July 17th, 2013, federal government officials J.P. Stadtmueller and federal prosecutors deny Witzlib’s adjournment motion. Q.28 and R.22. Witzlib subsequently, immediately, on the same day, after learning that he was being forced into a trial by the federal government with only two weeks to prepare, and not being afforded the opportunity and right to examine the complete discovery or complete a full and thorough investigation (something federal panel attorney Cohn neglected to do), Witzlib hastefully, without putting much, if any, thought into it, writes a series of motions and immediately submits them to the district court for the sole purpose of securing adjournment. Witzlib submits the series of motions, which were typed and printed from the “C” block computer in the Dodge County federal holding facility over the course of about an hour. Witzlib submits the series of motions only after the unfair, unlawful, and unreasonable denial of Witzlib’s adjournment motion, by the Eastern District of Wisconsin
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Federal Governmental Institution federal government officials, including the district court and the U.S. attorney’s office. Q.29-36 and R.28-35.
40. On July 18th, 2013, Stadtmueller recuses himself. R.24.
41. On July 18th, 2013, Assistant U.S. Attorney Paul Kanter files a “Notice of Appearance.” R.23.
42. On July 18th, 2013, Witzlib submits a letter to the University of Wisconsin. Q.37.
43. On July 18th, 2013, “Joint” final pretrial report. R.24. The U.S. Attorney’s Office and attorneys James Santelle, Tracy Johnson, Paul Kanter and Laura Kwaterski never wrote Witzlib a single letter in correspondence. Witzlib was completely stonewalled from communication with the court and federal prosecutors and was not recognized as a legitimate member of the courtroom workgroup despite being granted pro se status by the court.
44. On July 18th, 2013, “Scheduling Order.” Case reassigned to Lynn Adelman Easter District of Wisconsin Milwaukee Federal Judge. Q.38 and R.25.
45. On July 19th, 2013, Witzlib submits demand for full discovery. Q.39 and R.27.
46. HEARING: On July 23, 2013, at a status hearing at the federal courthouse in Milwaukee Wisconsin before Federal Judge Lynn Adelman, under direct pressure from the court, Witzlib agrees to accept court appointed counsel. Q.41 and R.36. Status hearing is set for August 27th, 2013.
47. The third to fourth week of July 2013, Witzlib is moved out of “C” block in the Dodge Co. Jail to “A” pod, an “administrative segregation” area at that time. Witzlib alerted jail staff that he feared for his safety after several inmates, for no reason, became hostile to Witzlib, who had done nothing or said anything to incite hostility. Two of these inmates had the first names of “Miguel” and “Jason.” The Dodge County Jail also continued to deny Witzlib medical care at that time. Witzlib suffered losses of privileges due to the move to the restricted “A” pod area and loss full access to the Law Library and full access to the rec area exercise. While in “A” pod, bottom level, Witzlib was confronted by yet another hostile inmate who allegedly had the first name of “Tom.” This inmate harassed Witzlib continually for no reason at all, kicking the outside of Witzlib’s cell door and pounding on the glass window of Witzlib’s cell as Witzlib was quietly concentrating on drawings and patent inventions and minding his own business. This inmate, whom the guards referred to as “Tom”, told Witzlib that he was going to “testify” against Witzlib which led Witzlib to believe that he was informing and cooperating with the federal government, including the U.S. Marshals service and federal prosecutors of the U.S. attorney’s office; who had developed a pattern of using false testimony of jailhouse informants as a manipulative unlawful legal maneuver to gain power and control over Witzlib’s case; obtain the upper hand and weaken Witzlib’s chances to clear his name.
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Witzlib suspects that the inmates harassing him deliberately were government informants and federal entities.
48. On July 26th, 2013, federal panel attorney Thomas Wilmouth, who lived in Chicago Illinois, was specifically selected to represent Witzlib by Dan Stiller of the Federal Defenders Office under the order of Federal Judge Lynn Adelman. R.37. State licensed federal panel attorney Thomas Wilmouth files a “Notice of Appearance” on July 26th, 2013, with the district court.
49. On July 27th, 2013, Witzlib submits two 4 page letters to federal judges Adelman and Stadtmueller. These letters included inventions Witzlib intended to patent (“Gasinator” portable fuel container and “Mechanical Pipe Hanger” plumbing supply item). Q.42 and 43.
50. On July 27th, 2013, Witzlib submits “Motion for Internal Investigation.” Q.44 and R.40.
51. On July 28th, 2013, Witzlib submits motion to be present at jury screening. Q.45 and R.39.
52. On July 30th, 2013, “Ruth Witzlib Affidavit” is filed into the defense records. Q.46.
53. On July 30th, 2013, “Night Owls” chronology timeline is filed into defense records. Q.47.
54. On August 1st, 2013, state licensed federal panel attorney, selected by federal defender Dan Stiller, Thomas Wilmouth, appears at the Dodge County Federal Holding Facility to meet with Witzlib regarding case 13-CR-99. Wilmouth shows up to meet with Witzlib at approximately 8:00 p.m. Wilmouth behaves very strangely and makes numerous bizarre off handed comments that put up red flags. Wilmouth tells Witzlib that he can’t begin work on Witzlib’s case for 3 weeks because Wilmouth claimed he was swamped with cases and that Witzlib’s case was his “8th” case that Wilmouth was involved in at that time. Wilmouth promises Witzlib that he will not take on any more cases. Wilmouth tells Witzlib that he wants to “retire up north” and tells Witzlib that Adelman is a liberal judge who doesn’t throw the book at people and that Adelman wrote an opinion that was published where Adelman sympathized with pedophiles and sexual deviants. Wilmouth made all sorts of off handed statements that had nothing to do with Witzlib’s case. Furthermore, Wilmouth appeared to be under the influence of a controlled substance. Wilmouth talked very fast, he was sweating, he seemed nervous, he interrupted Witzlib and became agitated when Witzlib attempted to release a large number of case folders to him that Witzlib brought along to the visit, in the upstairs visiting area of “A” pod. The meeting between Witzlib and Wilmouth, on Thursday August 1st, 2013, lasted until after 9:00 p.m. Immediately after the meeting, Witzlib wrote letters to Adelman and the federal prosecutors declaring independence from court appointed counsel and stating that Witzlib
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would be representing himself pro se. R.42 and 45. Witzlib specifically told U.S. Attorney Johnson that Wilmouth did not represent him in any way and was not his attorney. Witzlib told Johnson not to release information or evidence to Wilmouth and not to discuss details of the case with Wilmouth. See August 1st, 2013, letter and Q.50.
55. On August 5th, 2013, district judge Adelman ordered Wilmouth to remain on Witzlib’s case. R.43.
56. Adelman refused to recognize Witzlib’s declaration of independence from state licensed federal panel attorney Wilmouth.
57. Witzlib submitted letters to federal prosecutor Johnson throughout the entire month of August 2013. Once again, Johnson and the U.S. Attorney’s Office of the Eastern District of Wisconsin refused to correspond with Witzlib or acknowledge a single letter. Federal prosecutors, not only discussed confidential case information with Wilmouth regarding Witzlib’s case, federal prosecutors, under the policies of the Eastern District of Wisconsin U.S. Attorney’s Office, released discovery evidence to Wilmouth and released Witzlib’s personal property to Wilmouth (Gateway computer) after Witzlib specifically told them not to. Q.50, 52 and 53.
58. Nearly the entire month of August 2013, Witzlib is confined in the “A” pod administrative segregation area of the Dodge County federal holding facility. Witzlib attempts to receive medical care and is denied. Witzlib discovers his outgoing and incoming mail is being opened, delayed, obstructed and tampered with by the “programs” officers of the Dodge County Jail, functioning jointly and in concert with the U.S. Marshal’s service and the federal prosecutors of the U.S. Attorney’s Office. Kevin Carr, James Santelle, Tracy Johnson, Laura Kwaterski, and Paul Kanter. Witzlib learns that confidential legal documents, medical records and inventions in the blueprint stage were seized by Dodge County Jail Staff. After jail staff (Jailer Ronge) inspected Witzlib’s outgoing mail and the Ronge clearly saw that there was no contraband contained and the folder, Ronge told Witzlib that he could seal the folder as outgoing mail. Witzlib sealed his outgoing mail after inspection by jail staff and then jail staff ripped open Witzlib’s outgoing mail after they had inspected it for contraband and determined that there was not any contraband contained in Witzlib’s outgoing mail, only medical, and legal records and drawings. Witzlib’s mail was stopped from going out and seized by the Dodge County Jail for over a day and was eventually returned to Witzlib ripped open by Officer Riter. The Dodge County Jail, allegedly functioning under the power and authority of the U.S. Marshals service, the U.S. Attorney’s Office and the Eastern District of Wisconsin Federal Governmental Institution, was continually opening and examining Witzlib’s mail, incoming and outgoing, legal and non-legal. Contra, U.S. Code and federal case law; Wisconsin State Law and established state case law. This policy and these unlawful actions continued the entire month of August 2013.
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59. On August 6th, 2013, Witzlib submits yet another letter to the court and federal prosecutors stating that Wilmouth does not represent Witzlib in any way. Q.48 and R.46.
60. On August 9th, 2013, Witzlib submits letters to Eastern District of Wisconsin Clerk of Court Jon Sanfilippo and federal prosecutor Johnson stating again that Wilmouth does not represent Witzlib. Q.49.
61. On August 9th, 2013, Witzlib submits a notice of “Grievance of Detainment Conditions” to the court. Q.51 and R.47.
62. The entire month of August, 2013, Wilmouth refuses to answer phone calls from Witzlib. Wilmouth told Witzlib at the August 1st, 2013, meeting, that Wilmouth had set up a phone account with $50.00 for phone calls regarding the case. Wilmouth refused to answer calls the entire month of August. See Dodge County phone records. Witzlib is essentially and effectively “STONEWALLED” from accessing the court by state licensed federal panel attorney Wilmouth, the Dodge County Sheriff’s Department and Jail Administration and the Eastern District of Wisconsin Federal Governmental Institution.
63. On August 11th, 2013, Witzlib submits two, 2 page letters to federal prosecutor Johnson regarding Wilmouth and the ongoing case. Q.53. No response from Johnson or the U.S. Attorney’s Office.
64. On August 13th, 2013, Magistrate Judge Nancy Joseph, officially assigns Wilmouth onto Witzlib’s case as court appointed counsel. R.48.
65. On an unknown date, the second or third week of August, the U.S. Attorney’s Office releases Witzlib’s Gateway computer to state licensed federal panel attorney Thomas Wilmouth.
66. On August 18th, 2013, Witzlib submits a grievance letter to U.S. Marshal Carr. Q.54.
67. On Sunday August 18th, 2013, in the “A” block segregation area of the Dodge County Jail, after consuming a dinner meal tray served by jail inmate trustee and federal inmate “Sam” accompanied by second shift jail officer Stelter, Witzlib develops a severe pounding migraine headache that lasted from approximately 7:00 p.m. on Sunday night until approximately 9:00 p.m. on Wednesday night. Over the course of that time Witzlib did not eat or sleep. Witzlib did not consume another crum of toxic Dodge County Jail food from August 19th, 2013 until August 27th, 2013.
68. On August 21st, 2013, Witzlib submits a letter to Adelman. Q.58 and R.49.
69. On August 22nd, 2013, Witzlib submits a 4 page letter to Adelman with attached picture of Exhibit #8. Witzlib draws the courts attention to the fact that cash
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money, seen in the evidence picture, was never listed anywhere in any of the police reports yet can be plainly seen in the evidence picture and was missing after the raid. A total of approximately $635.00 of cash was take off of Witzlib’s desktop area and never listed anywhere in any of the police reports or inventory lists. The case can actually be seen in the evidence picture, reference Exhibit #8. Witzlib also brings to Adelman’s attention the fact that two book manuscripts can be clearly seen on the desktop of Witzlib’s computer in the police photograph, however this evidence and information was nowhere to be found in the discovery evidence sent to Witzlib by the prosecution. Witzlib told Adelman that these files contained material evidence. The government sent Witzlib hundreds and hundreds of pieces of alien discovery data that never was on Witzlib’s computer, yet refused to give Witzlib access to information and data that could be plainly seen on the desktop of Witzlib’s computer in the police evidence photo. The Exhibit #8 photo provides visual proof of missing evidence (THEFT) and the deliberate concealment of evidence by the government. Q.59 and R.52-53.
70. On August 22nd, 2013, Witzlib submits a 4 page letter to Eastern District of Wisconsin Clerk of Court Sanfilippo. Q.60.
71. On August 23rd, 2013, Witzlib submits a 5 page letter to U.S. Marshal Carr. Q.61.
72. On August 24th, 2013, Witzlib submits a grievance letter to Dodge County Sheriff Patricia Ninnman. Q.62.
73. On August 26th, 2013, Monday morning, Witzlib is weighed in the “A” pod cell area and weights approximately 143 lbs. 57 lbs. less than his normal weight on the day of the incident April 30th, 2013. Witzlib had not eaten since the traumatic headache on August 19th, 2013.
74. HEARING: On August 27th, 2013, Witzlib is transported from the Dodge County Jail to the Milwaukee Federal Courthouse by Dodge County Transport Deputies. All of Witzlib’s personal property, legal records, medical records, drawings and personal letters, including the original police incident reports are left behind at the Dodge County Jail, notwithstanding one package containing approximately 250 pages of legal and medical documents and a few drawings that Witzlib put together to brief a new attorney that Witzlib’s family members had told him that they would attempt to retain. Dodge County never told Witzlib that he would not be returning to the facility so Witzlib did not bring all of his property to court on the morning of August 27th, 2013. All of Witzlib’s property is seized by the government; Dodge County Jail Administration; U.S. Marshal’s service; U.S. Attorney’s and state licensed federal panel attorney Wilmouth. This property included the original police reports from May of 2013. Before the status hearing on August 27th, Witzlib meets with federal panel attorney Wilmouth, who had refused to answer phone calls the entire month of August from Witzlib. Wilmouth informs Witzlib that he is moving to have Witzlib committed for a competency evaluation. Wilmouth tells Witzlib that Witzlib is being committed and that there is nothing Witzlib can do about it. Wilmouth tells Witzlib that Witzlib is not
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competent enough to fire him. Witzlib tells Wilmouth that he wants to exercise his right to a jury trial under the Sixth and Seventh Amendments of the U.S. Constitution. A short time later, in the middle of the August 27th, 2013 hearing, Wilmouth blurts out in the middle of the status hearing “this is not a trial case.” Wilmouth then moved to have Witzlib committed and the district judge Adelman granted Wilmouth’s request and ordered that Witzlib be committed for 6 months. Immediately after ordering the 6 month commitment, the deputy clerk Dietrich stood up and turned around and said something to Adelman, Adelman then changed the order to a 30 day commitment. Q.63 and R.50. See also Transcript. After the hearing concluded, Witzlib gave the 250 page brief that he prepared to his mom. The package had sat on the defense table for the entire duration of the court hearing. After the hearing, the deputy Marshals allowed Witzlib to give the sealed package, containing the brief intended for the attorney that Witzlib’s family planned to retain to replace Wilmouth, to Witzlib’s mom who attended the hearing. Witzlib’s mom planned on making copies of the lengthy brief and sending the copies to Milwaukee area private attorneys in an attempt to secure competent professional counsel. The brief was approximately 250 pages and contained legal documents, medical documents, drawings and other intellectual property. The package, that was addressed to Witzlib’s mom and return addressed to Witzlib, was sealed with postage. The package contained a brief outlining the procedural history of the case including correspondences between Witzlib’s first two attorney’s Perez and Cohn that were not contained in the docket. After Witzlib gave the package to his mom, the deputy Marshals handcuffed Witzlib and led Witzlib back down into the federal inmate holding area located in the bowels of the federal courthouse. After Witzlib was out of sight, Wilmouth seized the package/brief from Witzlib’s mom, took the package back to his office and opened it. The brief had rested on the defense table the entire duration of the status hearing. Wilmouth was aware the brief was not intended for him to have or possess or read or review or examine and Wilmouth was aware that Witzlib had attempted to fire him and remove him as counsel the entire month of August 2013. Witzlib could have handed the package to Wilmouth at any time if it was Witzlib’s will for Wilmouth to have the package. Witzlib prepared the brief for Wilmouth’s replacement. Nowhere on the package was the name “Thomas Wilmouth.” But Thomas Wilmouth seized the package, took it back to his office and opened it. A state and federal crime and a violation of rules of professional attorney conduct. Wilmouth was cooperating with the federal government and Eastern District of Wisconsin Federal Governmental Institution defendants in a concerted effort to prosecute Witzlib at this point in time. All of Witzlib’s legal records, medical records and personal property, including the original police incident reports from May of 2013, were seized by the government on August 27th, 2013.
75. After the hearing Wilmouth seized Witzlib’s brief/sealed outgoing mail/package against Witzlib’s will.
76. On August 27th, 2013, Witzlib was transferred directly to the Kenosha County Jail and Federal Holding Facility from the federal inmate holding area in the bowels
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of the federal courthouse in Milwaukee Wisconsin after the scheduled status hearing. Q.65. Witzlib is transported and then booked into the Kenosha County Main Jail. Q.66.
77. On August 28th, 2013, Witzlib is transferred from the Kenosha County Main Jail to the Kenosha County Detention Center (KCDC) facility across town. Q.67. Witzlib discovers, in the KCDC federal holding facility, what fully functional Law Library actually is. Up until this point, Witzlib was oblivious, completely ignorant to the fact that the Dodge County Jail’s Law Library was void of standard case law databases. Witzlib, along with all the rest of the federal inmates, had been deprived of standard Law Library resources from May through August of 2013.
78. On September 3rd, 2013, Wilmouth submits a motion to the court which discredits Witzlib’s series of motions and basically states that Witzlib is incompetent. R.55. The only purpose of Witzlib’s series of motions was to secure adjournment after the federal government, Eastern District of Wisconsin, was attempting to push him into a trial with only two weeks to prepare.
79. On September 4th, 2013, Witzlib writes a letter to the district court requesting that any attempted court actions made by Wilmouth not be recognized pending the results of Witzlib’s competency evaluation. R.56.
80. On September 5th, 2013, Thursday, Wilmouth appeared at the KCDC facility in a conference room area to meet with Witzlib. The meeting took place face without any glass separating Witzlib and Wilmouth. Q.68. Wilmouth verbally attacks Witzlib with nothing short of abusive attorney misconduct. Wilmouth calls Witzlib names including “p***k”, “paranoid schizophrenic” and tells Witzlib the he is stupid and that Witzlib should stick to laboring. Wilmouth attacks Witzlib, accusing Witzlib of stealing $5,000.00 from his mom, the cost of retaining the first federal panel attorney Cohn. Wilmouth accuses Witzlib of trying to break up the informant’s marriage. Wilmouth tells Witzlib that Wilmouth is going to see to it that Witzlib is put in federal prison where Witzlib can no longer “manipulate” people, which according to Wilmouth, is what Witzlib was trying to do (vicious unfounded allegations which were 100% false; Witzlib was robbed by the first attorney who did absolutely not legal work and failed to take basic legal actions on Witzlib’s behalf; and Witzlib could care less about the inf0rmant’s marriage and had not communicated in any way with the informant’s since they went to the cops and spewed numerous lies on video tape). Witzlib had made efforts to remove Wilmouth from case 13-CR-99 for the entire month of August 2013 by writing several letters to Eastern District of Wisconsin Federal Governmental Institution defendants. Wilmouth resented Witzlib at this time and was functioning jointly and in concert with defendants in efforts to prosecute Witzlib. Wilmouth did not have Witzlib’s best interest in mind at this time and was not loyal to Witzlib his client. Again, at the September 5th, 2013, meeting, Witzlib told Wilmouth that he was not his attorney and did not represent him in any way. Witzlib again attempted to fire Wilmouth face to face by assertively stating “you
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are not my attorney” and “you’re fired.” Wilmouth told Witzlib, “You can’t fire me!” At the September 5th, 2013, meeting, Wilmouth informed Witzlib that he had seized Witzlib’s 250 page legal brief after the August 27th, 2013, status hearing at the federal courthouse. Wilmouth admitted to opening Witzlib’s sealed mail back at his “office” and examining the contents. Wilmouth told Witzlib not to “worry” because Wilmouth assured Witzlib that he would “send it back” to Witzlib’s mom, the original intended recipient. At the September 5th, 2013, meeting with Wilmouth, Wilmouth told Witzlib that the federal prosecutors had released Witzlib’s Gateway computer to him and that Wilmouth intended to or had already dropped Witzlib’s computer off back at Witzlib’s grandmother’s house where the computer was seized by government officials after the warrantless search of Witzlib’s home after Witzlib asserted his Constitutional Rights. Wilmouth told Witzlib that federal prosecutor Johnson of the U.S. Attorney’s office had proximately facilitated the release of Witzlib’s computer to Wilmouth. At the September 5th, 2013, meeting at the KCDC facility, Wilmouth was extremely hostile to Witzlib. Wilmouth stated that he read Witzlib’s autobiography (unedited version) and “hated it.” Even though Wilmouth was fully aware that it was a conflict of interest for him to remain on the case, Wilmouth refused to get off the case for his own selfish reasons. Again, at the September 5th, 2013, meeting with Wilmouth, Wilmouth appeared to be under the influence of a controlled substance. Wilmouth talked very fast, was sweating, was wearing a strange purple suit, had glossy eyeballs, was extremely confident, outspoken, hostile and aggressive (Wilmouth told Witzlib that a good defense attorney must “command the courtroom” and then Wilmouth clinched his fist and waived it in the air in front of Witzlib as Witzlib sat there in unbelief at the spectacle unfolding before his eyes). Wilmouth told Witzlib that somebody gave him “something” and that it made him “feel better.” Wilmouth was a loose cannon and he was under the influence of a controlled substance that was affecting his behavior for the worse, at the expense of Witzlib’s best interests and future.
81. On September 5th, 2013, Witzlib submits yet another letter to Adelman stating that Wilmouth does not represent him. Q.69.
82. In the days and weeks following the September 5th, 2013, meeting with hostile and verbally abusive federal panel attorney Wilmouth, Witzlib suffered from hopelessness, depression, anxiety, nightmares, migraine headaches, insomnia, uncertainty, extreme emotional distress, hair loss, weight loss, mental anguish and pounding his head against the wall. In the weeks following the September 5th, 2013, meeting with Wilmouth, Witzlib wrote several letters to the court demanding that Wilmouth be taken off the case. Letters Witzlib wrote at that time never were entered into the court docket by Eastern District of Wisconsin Federal Governmental Institution defendants. Witzlib felt as though he was in some kind of nightmare having Wilmouth forced upon him by the Eastern District of Wisconsin Federal Governmental Institution defendants. See infra Caption.
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83. On or about September 16th, 2013, Witzlib is transferred from the KCDC federal holding facility to the MCC Federal Prison in Chicago Illinois to undergo the court ordered competency evaluation. Q.70.
84. From approximately September 16th, 2013, until November 26th, 2013, Witzlib is confined in the MCC Federal Prison undergoing the court ordered competency evaluation ordered by federal judge Adelman at the August 27th, 2013, status hearing. Witzlib discovers the MCC federal prison to be a relatively comfortable living environment in comparison to the county jail settings Witzlib had been confined in since April 30th, 2013. At the MCC there was actually enough food to fill you up and there were regular exercise opportunities in areas where you could actually run and break a sweat, hot water and affordable phone calls. The MCC also provided a fully functional Law Library and regular Library. Witzlib was unable to obtain an accurate diagnosis for his physical medical condition at the MCC, however the opportunities to exercise and the reasonable living conditions of the MCC mitigated the symptoms of the physical condition Witzlib was suffering from at that time.
85. On October 9th, 2013, Witzlib submits a letter to the Eastern District Court grieving Wilmouth’s counsel.
86. On October 20th, 2013, Witzlib learns through a correspondence letter Wilmouth mailed him, that Wilmouth somehow obtained Witzlib’s medical records and psychiatric report from Shawano County Court records. Witzlib never authorized Wilmouth to be given access to his medical records or signed any disclosure form. Somehow Wilmouth obtained Witzlib’s confidential medical records from Shawano County. Q.73 and 74.
87. On November 20th, 2013, clinical forensic psychologist Dr. Ron Nieberding completed the competency evaluation of Witzlib and authors a report stating his opinion and findings.
88. On November 26th, 2013, Witzlib is transferred to the Kenosha County Main Jail.
89. On November 27th, 2013, Witzlib is transferred from Kenosha County Main Jail to the KCDC facility across town.
90. On December 1st, 2013, Witzlib submits a “Motion for Substitution of Counsel”, again trying to remove Wilmouth from case 13-CR-99. Witzlib received the template structure of the motion from a federal inmate in the MCC who had access to legal documents. Q.77 and R.63.
91. On December 3rd, 2013, Witzlib submits a 7 page letter to the Eastern District of Wisconsin Federal Court addressed to Adelman regarding the ongoing case. Q.78.
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92. On December 5th, 2013, Witzlib submits a letter to the Federal Court and to the Federal Clerk of Court, Adelman and Sanfilippo, attempting to remove Wilmouth and requesting a civil action “1983” form. R.61 and 62.
93. The entire month of December 2013, Witzlib requests and seeks to receive medical care from Kenosha County Main Jail, KCDC, the Sheriff of Kenosha County D. Beth, the KCDC medical staff, U.S. Marshal Carr and the Marshal’s service and the KCDC federal holding facility administration. Witzlib even showed a KCDC guard a bloody stool to prove that something was indeed physically wrong with him. Witzlib exhausted every possible attempt to receive the appropriate medical care for the physical condition that was causing him pain and damaging his body internally from the authorities that were in control of Witzlib’s body and access to healthcare resources. The Kenosha County medical staff received Witzlib’s medical records from the U.S. Marshal’s service when Witzlib was transferred between facilities. The original misdiagnosis was being perpetuated by the government. Witzlib did not have heartburn. Witzlib’s medical records were forwarded by Eastern District of Wisconsin Federal Governmental Institution defendant’s each time Witzlib was transferred from one facility to the next, with or without Witzlib’s permission or consent; deliberately.
94. On December 11th, 2013, Wilmouth moves to withdraw as counsel in light of Dr. Ron Nieberding's November 20th, 2013, competency evaluation which found Witzlib to be sane, intelligent and competent. R.65.
95. On December 15th, 2013, KCDC is formally grieved by Witzlib who alleges that KCDC is denying him medical care, housing him with hostile gang inmates and tampering with Witzlib’s incoming and outgoing legal and personal mail amongst other grievances. Witzlib submits the grievance to D. Beth and the KCDC Jail Administration.
96. On December 17th, 2013, Witzlib submits a grievance to the Eastern District of Wisconsin Court regarding the counsel of Thomas Wilmouth and conditions of confinement. R.66.
97. HEARING: On December 20th, 2013, Witzlib is transported from the KCDC facility to the federal inmate holding area in the bowels of the federal courthouse in Milwaukee Wisconsin to attend a scheduled status hearing. The hearing is scheduled for the morning, however, Wilmouth does not show up for court so defendant Adelman postpones the hearing till later that afternoon. Witzlib is led by deputy Marshals back down to the holding cell area of the federal courthouse. That afternoon, the deputy Marshals take Witzlib back upstairs to attend court. This time Wilmouth is present in the courtroom and seated at the defense table in the chair nearest to the jury box. Wilmouth tells Witzlib, at this time, that he can get Witzlib out of jail and again requests to stay on the case. Witzlib, quite frankly, does not believe a single word Wilmouth says. When the hearing begins, Wilmouth moves to withdraw and Adelman grants Wilmouth’s motion and
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relieves Wilmouth of his court appointment. The court makes no mention of Witzlib’s “Motion for Substitution of Counsel” at any time. Adelman finds Witzlib competent in light of Dr. Nieberding’s report and allows Witzlib to proceed under pro se status without counsel. Q.79, R.64 and 68. After the hearing on December 20th, Witzlib is transported back to the KCDC facility.
98. On December 21st, 2013, Witzlib submits 1st request to the Eastern District of Wisconsin Federal Governmental Institution for the complete district court docket. Q.80.
99. On December 22nd, 2013, Witzlib submits letters to the U.S. Marshals and the Kenosha County Sheriff Beth grieving conditions of confinement. Q.81 and 82.
100. On December 23rd, 2013, letter from Wilmouth is inserted into district court docket. Witzlib alleges letter was inserted into docket for the purpose of “cooking the books” and manipulating the record of the docket. R.67.
101. On December 26th, 2013, Witzlib submits grievance to Kenosha County Sheriff Beth. Q.83. Witzlib also submits letter to Adelman. R.69.
102. On January 2nd, 2014, Witzlib submits 2nd request for complete district court docket. Q.84.
103. On January 5th, 2014, Witzlib is transferred from the KCDC federal holding facility to the Kenosha County Main Jail. Q.85.
104. On January 5th, 2014, Witzlib submits a grievance letter to the Wisconsin Bar Association Milwaukee office, grieving attorney Wilmouth. Q.86.
105. On January 6th, 2014, Witzlib submits letter to the district court that is filed into the docket. See infra #113.
106. On January 8th, 2014, at 1:00 o’clock in the morning, Witzlib is awoke out of sleep by a Kenosha County Main Jail third shift guard in cell W-2 of the Kenosha County Main Jail isolated cell block. Witzlib is startled when the guard plops down a “plea agreement” onto his mattress through the bars. Witzlib is set to appear in court that same day, January 8th, 2014. Witzlib skims through the agreement and discovers prosecutors attached a statement to the plea agreement of Lawrence Arnold. Up until that time, Witzlib had no idea the fraudulent statement existed or that the Eastern District of Wisconsin Federal Governmental Institution defendants were using the statement as a manipulative tool to unlawfully gain power and legal leverage over the case and attack Witzlib’s good character and efforts to ultimately clear his name. The Arnold statement was 100% false. The statement was never disclosed in discovery evidence to the defense when all of the pretrial evidence was disclosed weeks before the scheduled trial set for July 29th, 2013. See infra #20. A few hours after the third shift Kenosha County Main Jail guard delivered Witzlib the government’s plea
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offer, at 1:00 a.m., Witzlib was again awoke out of sleep at approximately 4:30 a.m. by the jail staff who told Witzlib to get ready for court because he was scheduled for a January 8th, 2014, court appearance. Q.87 and R.68.
107. HEARING: On January 8th, 2014, Witzlib was transported from the Kenosha County Main Jail to the federal inmate holding area in the bowels of the federal courthouse in Milwaukee Wisconsin. Witzlib is accompanied by approximately four or five other federal inmates or immigration detainees headed for court in Milwaukee. The morning of January 8th, 2014, at approximately 6:00 a.m. is frigid with sub-zero temperatures. The transport officers fail to warm up the transport van. The record will show that the morning of January 8th, 2014, was frigid. Witzlib, immediately told the transport deputies that engines are supposed to be started and warmed up before driving in such freezing cold temperatures. Witzlib and the other inmates had only t-shirts and socks on and jail clothes that inmates wear in the room temperature of the jail environment. Jail guards disregarded Witzlib’s instructions and verbal complaints. Witzlib waited for court all day and was told that court had been cancelled. Witzlib never went to court on January 8th, 2014. After all of the other federal inmates attended their hearings, Witzlib was transported back to the Kenosha County Main Jail with the other inmates. Transport arrived back at the main jail between approximately 5:00-6:00 p.m. Witzlib told the guards in the booking area of the Kenosha County Main Jail that he felt physically ill and was exhausted, in part due to the fact that Witzlib was kept up all night by the third shift Kenosha guards and had been feeling physically unwell for some time. Witzlib reminded the booking staff that he did not require booking and that he had a cell in W-2 block and only required that an officer walk him back to the cell. In spite of Witzlib’s requests, the Kenosha County Main Jail Booking Staff forced Witzlib to sit in the booking area late into the evening after 9:30 p.m. The jail booking staff booked in every single new arrival and took all the other inmates back to their cell blocks, moving Witzlib back to cell dead last. After Witzlib realized that he was being abused by the Kenosha County Jail Staff he assertively expressed his discontent and requested to be taken back upstairs to his cell. Witzlib was mentally and physically exhausted at this point in time and was being spitefully and deliberately abused by jail booking guards who were mean, malicious and on power trips. When Witzlib finally made it back to his cell, W-2, around 10:00 p.m., an exhausted Witzlib briefly looked through his records and discovered missing artwork and poems. Witzlib had no time to review the plea agreement thrown into his cell at 1:00 a.m. that morning. Q.87.
108. HEARING: On January 9th, 2014, Witzlib is awoke by third shift Kenosha County Jail staff at approximately 4:30 a.m. Witzlib is again transported to Milwaukee and again the transport van was not warmed up. The record will show the temperatures were sub-zero and that government officials will not take instructions or directions from inmates even if common sense, common courtesy, the Eighth Amendment of the U.S. Constitution and Article One section Six of the Wisconsin Constitution dictates that they should. This is the attitude of the government employees and it should be noted that Witzlib paid taxes all his adult
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life, both income and sales. Frostbite on toes with no shoes and intentional inducement of the beginning stage of hypothermia is cruel and unusual. Couple this with the strange and unusual sleep deprivation of Witzlib who was completely exhausted and again all indications point to bad faith and deliberate mistreatment. At the January 9th, 2014, status hearing, Witzlib tells the court that he needs to complete the investigation he began back in July of 2013, when the federal prosecutors mailed him “case-in-chief” material discovery evidence videos that could not be played, viewed and examined on Dodge County computers. At that time, Witzlib was investigating the case under pro se status after state licensed federal panel attorney Cohn withdrew from the case after slandering Witzlib in open court after Cohn was fired and refused to return any of Witzlib’s $5,000.00 retainer. Witzlib explained to the court that he intended to fully examine all of the evidence before making a decision on whether or not to accept the lengthy plea agreement being offered by Eastern District of Wisconsin Federal Governmental Institution defendants. The government objected to Witzlib’s request for time to complete the investigation but at the same time refused to disclose material evidence. Federal prosecutor Johnson pushed for a trial date to be scheduled (exemplifying and reaffirming the unlawful policy of unreasonableness demonstrated by the government back in July when defendants attempted to push Witzlib into trial with only two weeks to prepare while depriving Witzlib of material evidence at the same time). On January 9th Johnson stated false facts slandering Witzlib’s character and prejudicing the court and the court record by stating in open court during the hearing that Witzlib became hostile the day before after arriving back at the Kenosha County Jail and needed to be restrained by corrections staff in the administrative segregation area of the main jail. The fact was, at that time, Witzlib had been in administrative segregation, W-2, the entire time he was confined in the Kenosha County Main Jail at his own request after fearing for his safety due to being placed in close quarters with hostile gang members. At the time Johnson slandered Witzlib in open court with false information, Witzlib had not received a single jail rule violation write up at the Kenosha County Main Jail. Furthermore, Johnson slandered Witzlib by falsely stating that Witzlib was disruptive in the holding cell area of the Milwaukee Federal Courthouse earlier that morning. Witzlib did demand deputy Marshals return property, drawings and artwork that Witzlib possessed in his property folders when he came to court the day before on January the 8th, 2014, and that Witzlib discovered was missing (THEFT) after Witzlib made it back to his cell at 10:00 p.m. the night of January 8th, 2014. When Witzlib became angry at the Marshal deputies unlawful seizure of his property (THEFT), deputy Marshals rushed into the bullpen area of the inmate federal holding facility where Witzlib was sitting and forced Witzlib to stand up, threatened Witzlib with an electric high voltage tazor, pushed Witzlib up against a wall, manacled Witzlib and placed Witzlib in the small interview room away from the other inmates. So the Marshal’s STEAL Witzlib’s drawings and poems, then when Witzlib verbally expresses his discontent for the THEFT, Witzlib is manacled by deputy Marshals; finally federal prosecutor Johnson slanders Witzlib in open court with false information stating that Witzlib needed to be restrained by the Marshals because he was allegedly disruptive. At the end of the
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hearing, after Witzlib requested time to complete a thorough investigation and examine all of the evidence and after Witzlib was slandered with two separate false statements by federal prosecutor Johnson, Witzlib is led back down to the federal inmate bullpen holding area in the bowels of the federal courthouse. Before the hearing concludes, Adelman sets another hearing date for January 21st, 2014. Q.88-90 and R.71. Witzlib is not given an opportunity to respond to Johnson’s malicious and untrue slander at the hearing on January 9th. Witzlib, with the small window of opportunity to address the court, made the conscience decision to stay focused on gaining access to evidence being withheld by the federal prosecutors and on completing the defense’s investigation. After court, an exhausted Witzlib is transported back to the Kenosha County Main Jail. A status hearing is set for January 21st, 2014 (incorrect dates in the district court docket).
109. On January 10th, 2014, Witzlib submits 3rd request for complete district court docket; submitting the request to Adelman and Sanfilippo. Q.91 and R.72.
110. On January 12th, 2014, Witzlib submits an “Adjournment Motion” to the district court, requesting adjournment of the January 21st, 2014, scheduled status hearing. Q.92 and R.74.
111. On January 15th, 2014, Witzlib submits a letter to Dr. Ron Nieberding requesting release of medical records and details of Witzlib’s competency evaluation. Q.93. No response from Dr. Nieberding? It’s uncertain if Dr. Nieberding ever received the correspondence from Witzlib because Witzlib’s incoming and outgoing mail was being opened and tampered with by the government.
112. Witzlib was placed in cell W-2 of cell block “W” in the main jail on Sunday January 5th, 2014. Witzlib learned that the jail policy at that time only allowed inmates 4 hours per week in the Law Library. Witzlib submitted numerous grievances with the court, the jail administration and directly to the Kenosha County Sheriff. Eventually the jail policy was changed to 10 hours per week which is one quarter of a 40 hour work week opposed to one tenth of a 40 hour work week. Witzlib learned from one of the guards that very few inmates actually used the Law Library resource and that he Law Library was usually empty. There was no reason for Witzlib to be denied access to the Law Library but he was nonetheless.
113. On January 15th, 2014, Witzlib submits 4th request for complete district court docket. Q.94.
114. On January 15th, 2014, Witzlib submits a “status update brief” letter to Adelman. Q.95 and R.77.
115. On January 17th, 2014, Witzlib receives a large stack of paperwork from the Eastern District of Wisconsin Federal Governmental Institution defendants which was allegedly the “complete” discovery in paper format. It’s unclear exactly when the discovery materials actually arrived at the jail. Jail staff told Witzlib at
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this time that federal prosecutors included 4 discovery C.D.’s with discovery evidence video contained on them. Witzlib had not had access to discovery evidence since the limited and incomplete discovery provided to him by federal prosecutors in the Dodge County Jail in July and August of 2013. When Witzlib was transported out of the Dodge County federal holding facility on August 27th, 2013, all of Witzlib property and discovery and original police reports were seized by government employees and paid state actors and entities functioning jointly and in synergenic cooperation with those government officials. Witzlib reviews the discovery sent to him by the federal prosecutors in January of 2014 and learns the original police reports are missing or had been altered and revised from their original contexts. The original P. Schmitt incident report summarizing the first informant’s statement had been revised, altered, changed and/or amended from its original version. In the original report, officer Schmitt of the Germantown Police Department QUOTED informant number one as stating that Witzlib was QUOTE “off his medications.” Schmitt’s original report summarizing her encounter with informant number one, was less than a single page in length. Three or four paragraphs at the most and less than a page. The quote “off his medications” stood out like a sore thumb because it was the only statement quoted by Schmitt in the incident report and because it was a flat out lie (under Wisconsin case law precedent, witnesses and informants are only entitled to immunity if the information they provide is true, if they LIE, and have ulterior motives and reasons, those informants are not entitled to immunity under Wisconsin Case Law precedent). Witzlib wrote a letter to federal prosecutors demanding the original report. Eastern District of Wisconsin Federal Governmental Institution defendants did not respond. Witzlib also demanded the original officer D. Moschea incident report. Federal Prosecutors Santelle, Johnson, Kanter, and Kwaterski did not respond or give a reason for the absence of the original report written by Schmitt or the absence of a Moschea incident report. What Witzlib received from Kenosha County Jail staff, who intern received from the aforementioned defendants, was false, fraudulent documents. Witzlib immediately sent a letter to state licensed federal panel attorney Cohn (paid federal government entity), requesting that Cohn send Witzlib the original Schmitt police incident reports. Approximately a week and a half later, Witzlib receives documents in the mail from federal panel attorney Cohn. Cohn sent Witzlib the exact same fraudulent documents that the federal prosecutors sent Witzlib. Witzlib mailed a letter to the Washington County Clerk of Court and State Prosecutors requesting the original reports. Washington County officials did not respond. Witzlib wrote grievances t0 the U.S. Department of Justice Civil Rights division in Washington D.C. to grieve the corruption and illegal practices of the Eastern District of Wisconsin Federal Governmental Institution and Witzlib wrote grievances to the Wisconsin Bar Association and to the newspapers and media outlets. No one responded. Witzlib does not even know if his mail ever reached its destinations because the Kenosha County Jail was opening and tampering with Witzlib’s incoming and outgoing mail at that time. At this point, after receiving the second set of fraudulent documents from federal panel attorney Cohn, Witzlib knew beyond any doubt that he was the victim of unlawful malicious prosecution by defendants and Witzlib knew his Constitutional Rights
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were being violated by the Eastern District of Wisconsin Federal Governmental Institution.
116. On January 16th, 2014, Witzlib submits grievance of appointed counsel Wilmouth. Q.95 and R.77.
117. On January 19th, 2014, Witzlib submits 5th request for complete district court docket. Q.97.
118. On January 19th, 2014, Witzlib submits 1st request for district court transcripts, specifying that Witzlib sought court transcripts of the August 27th, 2013, status hearing, the December 20th, 2013, status hearing, and the January 9th, 2014, status hearing. Q.98 and R.80.
119. On January 20th, 2014, Witzlib is brought to the Law Library in the morning at approximately 9:00 a.m. There, Witzlib is handed discovery C.D.’s that were sent along with the rest of the paper format discovery to the Kenosha County Jail. Under jail policy, inmates are not allowed to keep C.D.’s in their cells. The jail administration holds the C.D.’s and the inmate must request to examine them at a specific time. Witzlib attempts to review and examine the 4 discovery C.D.’s. Only 2 out of the 4 C.D.’s are compatible with Kenosha County Jail computers. Witzlib is unable to view 2 of the C.D.’s that contained video footage of the alleged “search warrant” and of Witzlib allegedly “producing fireworks” at the workbench in his basement. Interestingly, the exact same 2 C.D.’s (that were material evidence, listed in federal prosecutors ‘case-in-chief’) that did not work on Dodge County Jail computers back in July of 2013, were the exact same 2 C.D. videos that did not work on Kenosha County Jail computers in January of 2014. Shortly after Witzlib attempted to access the 2 C.D.’s containing the material discovery evidence that Witzlib had not had the opportunity to examine or review up until that point in time, Kenosha County Jailers Moth and Molitor told Witzlib that he must go back to his jail cell and was going to be disciplined. Witzlib had placed a password on his jail folder to protect his legal documents from being accessed by other inmate who used the jail computers. Nowhere in the jail rule book did it say that protecting your legal work with a password on the computer was against jail rules. Witzlib was ushered back to his cell by Moth and Molitor around 9:30 a.m. Jail guards told Witzlib that he was being punished for “damaging” the computer even though the computer was not damaged and Witzlib was using the computer the exact way it was designed to be used. Witzlib explained to the hostile jail guards that Witzlib would never damage the computer because the Law Library and the computer was Witzlib only lifeline to freedom. Moth and Molitor escorted Witzlib back to his cell in W-2 at approximately 9:30 a.m. then they left. About 5 minutes later Moth and Molitor reappeared outside the bars of Witzlib’s cell. Witzlib was quietly working on his case. Moth and Molitor ordered Witzlib to stand up and put his hands through the bars to be handcuffed. Witzlib refused and requested to know why he must be handcuffed if he was already in a single person small isolation cell and wasn’t causing any problems whatsoever. Witzlib requested to know what rule he had
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broken? The officer “Moth” (name may not be spelled correctly), pulled out a can of pepper spray and pointed it at Witzlib’s face. Witzlib was sitting on his mattress with papers in his lap. Moth threatened to pepper spray Witzlib if he did not put his hands through the bars by the count of three. Then Moth started counting….1….2…… then Witzlib put his hands through the bars to avoid any further escalation of the situation even though Witzlib had done nothing wrong and had not broken any jail rule. Moth and Molitor moved handcuffed Witzlib to cell W-4, two cells down from W-2. Molitor and Moth then seized all of Witzlib’s legal and medical records, discovery materials, and personal property (letters from family). Everything. Moth and Molitor told Witzlib that he would get all of his property back after he was punished for “damaging” the jail computer. The jail allowed Witzlib a pen for 1 hour per day and no access to Law Library for the next two weeks as punishment. During the 1 hour that Witzlib was allowed access to a pen, Witzlib wrote a letter to the federal prosecutors telling them that only 2 out of the 4 C.D.’s were compatible with Kenosha County computers. Witzlib specified that the exact same 2 C.D.’s and the exact same evidence that Witzlib was unable to examine in the Dodge County facility were the exact same evidence that Witzlib was unable to be examine and review in the Kenosha County facility. Eastern District of Wisconsin Federal Governmental Institution defendants do not respond. Witzlib remained on discipline status for over a week, the entire time Witzlib was denied access to the Law Library and Witzlib was denied access to his legal and medical records and personal property. Q.99.
120. On January 21st, 2014, the date Adelman set for status hearing on January 9th, 2014, Adelman grants Witzlib’s Adjournment Motion, setting the next status hearing for February 25th, 2014. Q.100 and R.75.
121. On January 21st, 2014, federal prosecutors file a six page “Objection to Motion to Adjourn.” Q.101 and R.76. Witzlib is only allowed a pen for 1 hour per day so Witzlib is unable to respond immediately to federal prosecutors Motion and Witzlib is attempting to recover all of his legal and medical records and personal property from the Kenosha County Jail administration and U.S. Marshals.
122. From January 5th, 2014, through approximately February 11th, 2014, Witzlib is held in the Kenosha County Main Jail. Over that time period, Witzlib is given no access to exercise or rec areas whatsoever; no sunlight and cleaning supplies twice over a 5 week time period. The cell is below 66 degrees fairenheight (checked by laser thermometer), only accesses the shower twice in 5 weeks and is denied medical care and denied access to the Law Library and had all of his property seized.
123. On January 22nd, 2014, Witzlib submits a grievance letter of Wilmouth to the Office of Lawyer Regulation. Q.102.
124. On January 22nd, 2014, Witzlib submits a grievance regarding Law Library access to the court. R.81.
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125. On January 22nd, 2014, Witzlib submits a grievance of confinement conditions to Sheriff Beth. Q.103.
126. On January 23rd, 2014, Witzlib submits a grievance of confinement conditions to Sheriff Beth. Q.104.
127. On January 23rd, 2014, Witzlib submits a grievance of confinement conditions to U.S. Marshals. Q.105.
128. On January 25th, 2014, Witzlib submits a grievance of confinement conditions to Sheriff Beth. Q.106.
129. On January 30th, 2014, Witzlib submits “Response” to federal prosecutors “Objection.” Q.108 and R.82. Witzlib points out to the court that federal prosecutors of the U.S. Attorney’s Office are deliberately withholding evidence and obstructing Witzlib from completing his investigation (computer, police incident reports and written statements). See R.82 and 83.
130. On January 31st, 2014, Witzlib submits grievance to the court regarding Law Library. Q.109 and R.85.
131. On February 1st, 2014, Witzlib submits a letter to the court directly responding to federal prosecutor Johnson’s slander attack at the January 9th, 2014, status hearing. Witzlib points out that Johnson’s slander statement was false information because at that time, on January 9th, 2014, Witzlib had no received a single jail disciplinary write-up and did not have to be placed in solitary confinement for disruptive behavior. Witzlib was in solitary out of fear for his safety and life due to hostile gang members in the Kenosha County main jail and KCDC facility who were all in the same gang and who all communicated with one another by word of mouth, visits and letters, and through the grapevine. This gang called themselves the “G.D.” Witzlib told them that G.D. stood for “Garbage Disposal.” The gang members became hostile to Witzlib and Witzlib requested a safe housing location. The Kenosha County main jail moved Witzlib to “administrative Segregation” at Witzlib’s own re3quest, not due to disruptive behavior. Johnson’s false statement at the January 9th, 2014, status hearing prejudiced the court and painted Witzlib’s character in a false light before the court. Witzlib brought all of this information to the attention of Adelman district judge in the February 1st, 2014, letter. Q.110.
132. On February 2nd, 2014, Witzlib submits a “Motion to Inspect and Examine Physical Evidence” under the United States Code Federal Rules of Criminal Procedure Rule 16 and under Brady v. Maryland, (1963). Q.111 and R.83.
133. On February 3rd, 2014, Witzlib submits grievance to the court regarding unlawful actions and policies of the Kenosha County Jail staff and administration including; tampered with, obstructed, intercepted, opened, seized and denied legal mail; government’s denial of access to discovery evidence; seizure by the
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government (Kenosha County Jail and U.S. Marshal’s) of Witzlib’s legal and medical records; denial of medical care; and other unlawful actions and policies of the government. Q.112 and R.86.
134. On February 3rd, 2014, Witzlib submits grievance letter to the Eastern District of Wisconsin Federal Governmental Institution court and defendants, grieving the fraudulent police incident reports Witzlib received in the discovery evidence from federal prosecutors and from federal panel attorney and paid governmental entity Cohn. Q.113 (uncertain if R.85 document relates to this issue)
135. On February 3rd, 2014, Witzlib submits grievance to the court. Unreasonable 50 cent legal copies. Q.114 and R.84.
136. On February 4th, 2014, Witzlib submits 6th request for complete district court docket. Q.115.
137. On February 5th, 2014, Witzlib submits 7th request for complete district court docket. Q.116.
138. On February 5th, 2014, Witzlib submits 2nd request for district court transcripts. Q.117.
139. See infra JANUARY 19th
140. On February 6th, 2014, Witzlib submits 8th request for complete district court docket. Q.118.
141. On February 7th, 2014, Witzlib submits request to Dodge County Federal Holding Facility for the phone records from the month of August, 2013. Witzlib submits the request under the Freedom of Information Act; Wisconsin Open Records Law; U.S. Code Federal Rules of Criminal Procedure Rule 16; and under Brady v. Maryland, (1963). Q119. Witzlib is denied the phone records.
142. On February 9th, 2014 Witzlib mails a letter to federal prosecutors again stating that discovery C.D.’s are incompatible with Kenosha County Jail computers. Witzlib includes with the letter all 4 C.D.’s sent to him by federal prosecutors. Witzlib “specifies” which C.D.’s were in fact incompatible and requests that federal prosecutors re-format the C.D.’s or provide the defense, Witzlib, with C.D.’s that are compatible with Kenosha County Jail computers so Witzlib can review discovery evidence and complete the defense investigation. Witzlib mails a letter and all 4 C.D.’s back to federal prosecutors. Q.120. Federal prosecutors do not respond to Witzlib’s letter.
143. On or about February 11th, 2014, Witzlib is transferred from the Kenosha County Main Jail back to the KCDC federal holding facility across town. Witzlib is transferred from one 23 hour per day lockdown administrative segregation cell in the main jail to another 23 hour per day lockdown administrative segregation cell across town. Witzlib had not seen sunlight in approximately 4 weeks,
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notwithstanding a few seconds of daylight in a walk to see the jail nurse. After being transferred back to the KCDC federal facility, Witzlib had gone through the booking area of the Kenosha County Jail a total of 6 times going one way or the other. Q.122.
144. On February 15th, 2014, Witzlib submits 9th request for complete district court docket. Q.124.
145. On February 16th, 2014, Witzlib submits 10th request for complete district court docket. Q.125.
146. On February 17th, 2014, Witzlib submits 11th request for complete district court docket. Q.126.
147. On February 17th, 2014, Witzlib submits 3rd request for district court transcripts. Q.127 and R.89.
148. On February 17th, 2014, Witzlib submits a second “Adjournment Motion” to the court, attempting to adjourn the status hearing set for February 25th, 2014. Witzlib seeks adjournment because he has not reviewed or examined material discovery evidence because the federal prosecutors, in synergenic cooperation with the U.S. Marshals and Eastern District of Wisconsin federal holding facilities, are systematically obstructing Witzlib from discovery evidence and from completing his investigation. Included, “written into” the February 17th, 2014, “Adjournment Motion” submitted to the Eastern District of Wisconsin Court by Witzlib, is a “Defense Docket” (Q.1-Q.130). Witzlib established/created the “Defense Docket” from the defense records of case 13-CR-99. Witzlib was forced to create an alternative docket for referencing purposes due to the fact that Eastern District of Wisconsin Federal Governmental Institution defendants, Adelman, Sanfilippo and Dietrich, were steadfastly refusing to disclose the docket to Witzlib; denying Witzlib access to the district court docket for case 13-CR-99, United States v. Bodie Witzlib. Defendant refused to correspond with Witzlib in any way and never even responded to any of Witzlib’s requests. Q.128 and R.90.
149. On February 18th, 2014, Witzlib submits 12th request for complete district court docket. Q.129 and R.93.
150. On February 18th, 2014, federal prosecutors file a “Response” to the July 2013 series of motions submitted to the court by Witzlib in an effort to secure adjournment when the Eastern District of Wisconsin Federal Governmental Institution defendants were attempting to force Witzlib into a trial situation with only two weeks to prepare and refusing to adjourn the court date scheduled for July 29th, 2013. Witzlib, at this point in time, had not knowledge that the series of motions were still a factor because the court refused to disclose the district court docket. At the September 5th, 2013, meeting with hostile federal panel attorney Wilmouth, Wilmouth had threatened to “strike” all of the motions Witzlib submitted under pro se status in July of 2013. Witzlib was essentially in the dark
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with respect to all court actions taken by Wilmouth or by the government because Adelman, Sanfilippo and Dietrich were systematically denying Witzlib access to the district court docket (December 21st, 2013 through March 12th, 2014). Within the context of the federal prosecutors February 18th, 2014, “Response to Pending Pro Se Motions”, federal prosecutors outline their positions on numerous issues related to case 13-Cr-99 and state the government’s general theory which was fundamentally flawed from beginning to end. See “Appellate Brief, IV.” In the government’s “Response”, federal prosecutors unlawfully justify denying Witzlib access to the Law Library and discovery evidence. Q.129 and R.88.
151. On February 20th, 2014, Thursday morning, KCDC guards tell Witzlib to pack up all of his property, legal and medical records and personal mail, because Witzlib is being transferred out of the KCDC federal holding facility. Witzlib is transferred to the federal holding area in the bowels of the federal courthouse in Milwaukee by the Kenosha County transport deputies and from there to the Ozaukee County Jail and federal holding facility, Tier 5, by the Ozaukee County transport deputies. While at the KCDC facility in H-West area, Witzlib was finally given full access to the Law Library, the first time Witzlib had full access since his incarceration began on April 30th, 2013. This full access was short lived, lasting approximately one week, or two 8 hour sessions, as Witzlib was plucked out of the KCDC facility and transferred to Tier 5 of the Ozaukee County Jail. Witzlib Law Library access went from approximately one 8 hour session every 3 days in block H-West of the KCDC facility, to about 2 hours per week in the Ozaukee County Jail. Witzlib was forced by the Marshals service to start all over putting in grievances to the Ozaukee County Jail administration and Ozaukee County Sheriff Straub in order to gain sufficient access that would allow Witzlib to effectively represent himself. As soon as Witzlib began gaining momentum and accomplishing work with respect to his case, with full access to the Law Library, Witzlib was placed into another highly restricted area with very minimal access to legal resources, courtesy of Eastern District of Wisconsin Federal Governmental Institution defendants.
152. On February 20th, 2014, Witzlib submitted a letter to the Eastern District court titled “Status Update Brief.” Q.131 and R.91.
153. On February 21st, 2014, Witzlib submits 4th request for district court transcripts. Q.132.
154. On February 21st, 2014, Witzlib submits a complaint in pleading format of federal panel attorney Thomas Wilmouth. Q.133.
155. On February 23rd, 2014, Witzlib submits a “Motion to Withdraw Pending Pro Se Motions” to the Eastern District of Wisconsin Court. Witzlib would have withdrawn the motions in December. Witzlib still at this time did not have access to the district docket and/or any knowledge of procedural court actions of Witzlib previous attorneys or by the government. By denying Witzlib access to the docket, the Eastern District of Wisconsin Federal Governmental Institution defendants
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were keeping Witzlib in the dark, essentially blindfolded and handicapped; silenced. By denying Witzlib the docket, federal officials were obstructing and slowing down Witzlib’s ability to clear his name, investigate the case and move forward. The Eastern District of Wisconsin Federal Governmental Institution defendant were ultimately forcing Witzlib to remain in the physically and mentally unhealthy environment of the county jail settings; deliberately prolonging the adjudication process by denying Witzlib efforts to complete the investigation of his case by withholding critical material evidence and other unlawful devious tactics of prosecution. Q.134 and R.92.
156. HEARING: On February 25th, 2014, Witzlib is transported from the Ozaukee County Jail to the federal inmate holding area in the bowels of the federal courthouse in Milwaukee Wisconsin by the Ozaukee County transport deputies. Witzlib attends court, the scheduled status hearing. Adelman denies Witzlib access to his Gateway computer free of federal government oversight and re-seizure of the computer. Adelman states that the government is not “in control” of Witzlib’s computer because Adelman states that the computer is in possession of Witzlib’s relatives. Witzlib argues that the Government is still in “control” of the computer because the government is denying Witzlib access to the computer and refusing to allow Witzlib access to the information contained on the computer and refusing to allow Witzlib to inspect and examine the computer without another re-seizure of the computer. Witzlib argues that if he was “in control” of the computer, he would not have had to file a “Motion to Inspect and Examine Physical Evidence” and that this would be a non-issue because Witzlib would have already examined the computer if the government had allowed him to do so. Adelman sides with the government and denies Witzlib access to the computer unless Witzlib agrees to another government seizure. At the hearing, federal prosecutor Johnson again hands Witzlib the exact same 4 C.D.’s that Witzlib sent her back, two of which were incompatible with Microsoft computer software in the Dodge and Kenosha County Jails. Johnson assures Witzlib that all of the C.D.’s will be accessible and reviewable on the Ozaukee County Jail computers and tells Witzlib that she called the Ozaukee County Jail and verified that the C.D.’s would be compatible with the Ozaukee County Jail system and the Witzlib would finally be able to access discovery evidence that he had been denied access to since July of 2013 (search warrant video and video of Witzlib allegedly producing fireworks in his basement). Witzlib is very skeptical at this point, however, takes the 4 C.D.’s back from Johnson because what other choice does Witzlib have. Witzlib told the deputy federal Marshals that federal prosecutors and Eastern District of Wisconsin Federal Governmental Institution defendants were playing cruel and unlawful mind games with Witzlib and abusing their power and intentionally and deliberately prolonging the adjudication process and at the same time obstructing Witzlib from completing the investigation of the case. R.94. Adelman sets a status hearing for April 11th, 2014, allegedly providing Witzlib “time” to complete the investigation (access to Gateway computer and review of discovery C.D.’s). Q.135 and R.94.
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157. On February 26th, 2014, Witzlib submits 5th request for district court transcripts. Q.137 and R.96.
158. On February 27th, 2014, Witzlib submits 13th request for the district court docket. Q.138.
159. On March 1st, 2014, Witzlib submits grievance letter to Ozaukee County Sheriff Maury Straub. Q.139. (Law Library access, medical care and legal resources).
160. On March 1st, 2014, Witzlib submits a letter to the Eastern District of Wisconsin Court amending and updating the “Defense Docket”, established February 17th, 2014. Q.140 and R.95.
161. On March 4th, 2014, Witzlib submits a letter to Washington County District Attorney Mark Bensen. Q.141.
162. On March 5th, 2014, Witzlib receives “witness statement” affidavit signed by Dennis Witzlib informant number two. Dennis Witzlib admits to lending Witzlib tools and assisting in the production of fireworks. Statement is signed on 2/29/2014. Q.142.
163. On March 5th, 2014, Witzlib submits a 4 page letter to computer technician Greg Cain, with Exhibit #8 photo attached (showing image of desktop icons in police photo before computer was seized by the government). Q.144.
164. On March 6th, 2014, Witzlib is examined by Ozaukee County Jail Doctor Perez. Q.145.
165. On March 7th, 2014, Witzlib submits “Status Update Brief” to the Eastern District of Wisconsin Court. Q.146 and R.99.