Date: 03-12-2020

Case Style:

Case Number: 2018CF000778

Judge: James Isaacson

Court: Circuit Court, Chippewa County, Wisconsin

Plaintiff's Attorney: Travis Satorius and Wade Newell

Defendant's Attorney: Carly Sebion and Travis Satorius

Description: Chippewa Falls, WI - The State of Wisconsin charged Colten Ray Treu, dob 02-25-1997, with:

1 940.09(1)(a) Homicide by Intox Use of Vehicle (2nd+) Felony C Guilty Due to No Contest Plea
2 940.09(1)(a) Homicide by Intox Use of Vehicle (2nd+) Felony C Guilty Due to No Contest Plea
3 940.09(1)(a) Homicide by Intox Use of Vehicle (2nd+) Felony C Guilty Due to No Contest Plea
4 940.09(1)(a) Homicide by Intox Use of Vehicle (2nd+) Felony C Guilty Due to No Contest Plea
5 346.67(1) Hit and Run-Involve Death Felony D Charge Dismissed but Read In
6 346.67(1) Hit and Run-Involve Death Felony D Charge Dismissed but Read In
7 346.67(1) Hit and Run-Involve Death Felony D Charge Dismissed but Read In
8 346.67(1) Hit and Run-Involve Death Felony D Charge Dismissed but Read In
9 346.67(1) Hit and Run-Involve Great Bodily Harm Felony E Guilty Due to Guilty Plea
10 946.49(1)(b) Bail Jumping-Felony Felony H Charge Dismissed but Read In
11 941.316(2)(b) Intentionally Abuse Hazardous Substance Misd. A Charge Dismissed but Read In


The State charged that Defendant ran over and killed Autumn Helgeson, Jayna Kelley, Haylee Hickle, and Sara Schneider and seriously injuring Madalyn Zwiefelhofer. The girls were all fourth graders were picking up trash along a Wisconsin highway as part of the Girl Scout Troops activities.

Treu was intoxicated at the time of the accident.

Docket:

03-11-2020 Judgment of conviction
03-11-2020 Assessment Report
03-11-2020 Assessment Report
03-11-2020 Conviction status report


Additional text:
Associated with Charge #9

03-11-2020 Dispositional order/judgment Isaacson, James M
03-11-2020 Conviction status report


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Associated with Charge #4

03-11-2020 Conviction status report


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Associated with Charge #3

03-11-2020 Conviction status report


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Associated with Charge #2

03-11-2020 Conviction status report


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Associated with Charge #1

03-11-2020 Other papers


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Email correspondence re: PSI

03-11-2020 Exhibit list
03-11-2020 Written explanation of determinate sentence
03-11-2020 Appeal rights/info on postconviction relief
03-11-2020 Sentencing hearing Isaacson, James M Libby, Jean


Additional text:
09:00 AM Defendant Colten R Treu in court with Attorney Travis Satorius and Attorney Carly Sebion. Defendant Colten R Treu in custody. Wade Newell and Sheila Yohnk appeared for the State of Wisconsin. Judge states case and notes appearances. Judge addresses final victim impact statement. Judge addresses PSI and early release corrections. DA Newell addresses other PSI corrections. Counsel stipulates to 495 days credit - approved by the court. 09:03 AM - DA Newell presents closing statement. 9:33 AM - Court breaks. 9:49 AM - Court resumes. Attorney Satorius presents closing statement. 10:27 AM - Attorney Sebion presents closing statement. 10:41 AM - DA Newell presents final argument. 10:57 AM - Court breaks. 11:09 AM - Defendant makes statement to the Court. 11:19 AM - Court breaks, to resume at 11:40AM. 11:42 AM - Court resumes. Court orders: Ct. 1: 21 years - 11 years initial confinement, 10 years extended supervision Ct. 2: 21 years - 11 years initial confinement, 10 years extended supervision Ct. 3: 21 years - 11 years initial confinement, 10 years extended supervision Ct. 4: 21 years - 11 years initial confinement, 10 years extended supervision Ct. 9: 15 years - 10 years initial confinement, 5 years extended supervision All consecutive to each other Conditions of extended supervision: No drugs/inhalants/drink No contact with: R.K., B.K., B.H., K.H., J.S., R.Z., D.Z. or their families DNA Comply with all programming required by the department. Costs: $518 x5 Defendant files Notice of Right to Seek Postconviction Relief

03-11-2020 Victim impact statement


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signed by B.H.

03-10-2020 Sentencing hearing Isaacson, James M Libby, Jean


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09:00 am Defendant Colten R Treu in Court with Attorneys Travis Satorius and Carly J. Sebion. Defendant Colten R Treu in custody. Wade Newell and Sheila Yohnk appeared for the State of Wisconsin. Court calls case and notes appearances. Court recites charges and penalties. 09:05 am Witness T. Meister is sworn and testifies via examination by Attorney Sebion. Exhibit 1 offered and received. 09:30 am Cross-examination by Attorney Newell. 09:33 am Redirect by Attorney Sebion. 09:35 am Court gives instructions to media and courtroom. 09:38 am Victim #1 statement given. 09:46 am Victim #2 statement given. 09:51 am Victim #3 statement given. 09:54 am Victim #4 statement given. 09:55 am Victim #5 statement given. 09:59 am Victim #6 statement given. 10:01 am Victim #7 statement given. 10:05 am Victim #8 statement given. 10:09 am Victim #9 statement given. 10:13 am Victim #10 statement given. 10:16 am Victim #11 statement given. 10:21 am Victim #12 statement given. 10:28 am Court adjourns; to reconvene at 10:50 a.m. 10:53 am Court reconvenes; appearances remain the same. 10:53 am Victim #13 statement given. 11:03 am Victim #14 statement given. 11:12 am Victim #15 statement given. 11:19 am Victim #16 statement given. Photos received to be stored in confidential/sealed envelope. 11:25 am Victim #17 statement given. 11:26 am Court adjourns for lunch; to reconvene at 1:00 p.m. 01:00 pm Court reconvenes; appearances remain the same. 01:02 pm Victim #18 statement given. 01:09 pm Victim #19 statement given. 01:13 pm Victim #20 statement given. 01:22 pm Victim #21 statement given. 01:25 pm Victim #22 statement given. 01:27 pm Victim #23 statement given. 01:29 pm Victim #24 statement given. 01:31 pm Victim #25 statement given. 01:34 pm Victim #26 statement given. 01:37 pm Victim #27 statement given. 01:46 pm Victim #28 statement given. 01:48 pm Victim #29 statement given. 01:59 pm Court adjourns; to reconvene at 2:20 p.m. 02:21 pm Court reconvenes; all appearances remain the same. Exhibit 2 offered and received. Exhibit 3 offered and received. 02:22 pm Video played. 02:39 pm Statement given by T.H. 02:42 pm Court adjourns until 9:00 a.m. on 3/11/2020.

03-09-2020 Order on motion to seal/redact court record Isaacson, James M
03-06-2020 Proposed Order
03-06-2020 Motion to seal/redact court record
03-06-2020 Memorandum


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Defendant's Sentencing Memorandum (sent for review) The original document name was titled: Defendant Sentencing Memo-Treu The original history event date is: 03-06-2020

03-06-2020 Order Isaacson, James M


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re: recording of victim statements

03-05-2020 Memorandum


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State's Sentencing Memorandum (sent for review)

03-02-2020 Letters/correspondence


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from DA Newell re: sentencing memorandum (sent for review) Video stored in exhibit room - confidential

02-24-2020 Order Isaacson, James M


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In the Matter of Confidentiality of Presentence Investigations

02-21-2020 Pre-Sentence Investigation Filed - Amended


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amended to include supervisor signature (sent for review)

02-21-2020 Pre-sentence investigation filed


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(sent for review)

02-11-2020 Order on motion to seal/redact court record Isaacson, James M


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VIS of S.P.

02-10-2020 Proposed Order
02-10-2020 Motion to seal/redact court record
02-10-2020 Victim impact statement


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S.P. The original document name was titled: VIS C Treu of S Parker - CONF.pdf The original history event date is: 02-10-2020

02-06-2020 Letters/correspondence


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from DA Newell re: recording of statements at sentencing (sent for review)

01-21-2020 Order on motion to seal/redact court record Isaacson, James M
01-17-2020 Proposed Order


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on motion to seal

01-17-2020 Motion to seal/redact court record
01-17-2020 Victim impact statement


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Packet The original document name was titled: VIS PACKET - C TREU - CONF. PART 2.pdf The original history event date is: 01-17-2020

01-17-2020 Victim impact statement


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Packet The original document name was titled: VIS PACKET - C TREU - CONF. PART 1.pdf The original history event date is: 01-17-2020

01-17-2020 Other papers


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Statements for victims

01-17-2020 Other papers


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Statements supporting victims

12-17-2019 Order for pre-sentence investigation Isaacson, James M
12-16-2019 Cash bond revoked
12-16-2019 Plea questionnaire, waiver of rights
12-16-2019 Plea hearing Isaacson, James M Libby, Jean


Additional text:
02:40 PM Defendant Colten R Treu in court with Attorneys Travis Satorius and Carly Sebion. Defendant Colten R Treu in custody. Wade Newell appeared for the State of Wisconsin. State indicates victim notifications have been made. Defendant informed of charges and penalties. Guilty Plea Questionnaire & Waiver of Rights Filed. Defendant Advised of Constitutional Rights. Counsel stipulates to factual basis. Defendant pleads no contest to Counts 1, 2, 3, and 4 and Defendant pleads guilty to Count 9 State consents to jury waiver Court accepts pleas as freely, voluntarily, and knowingly made and finds defendant guilty of Counts 1, 2, 3, 4, and 9. Acknowledges prior conviction(s). Directs clerk to enter Convictions on that basis. Factual basis found. All other counts DRI. PSI - long form; author to be present; due by February 21. March 10-11 for sentencing. Bond is revoked. (jail/7079)

12-06-2019 Motion hearing Isaacson, James M Libby, Jean


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10:12 AM Defendant Colten R Treu in court with Attorneys Travis Satorius & Carly Sebion. Defendant Colten R Treu in custody. Wade Newell & Sheila Yohnk appeared for the State of Wisconsin. Court states case and notes appearances. Court addresses Defendant's request to waive trial. State does not consent to waiver of jury trial. Jury Trail to proceed as scheduled. Defense does not object to Motion re: peer review testimony - motion granted. Court addresses motion re: defendant's statements. Attorney Satorius responds and requests the statements be addressed on a case by case basis at trial. DA Newell responds and asks that any statements of the defendant be raised outside the presence of the jury. Court withhold ruling until trial. Defendant's counsel advises the court that a plea is anticipated on December 16th. If a plea is not entered remaining jury issues to be addressed at that time. 10:19AM - Court adjourns

11-27-2019 Other papers


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The State Does Not Consent to Jury Waiver (sent for review)

11-27-2019 Motion


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State's Motion Regarding Defendant's Statements (sent for review)

11-27-2019 Motion


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Regarding Peer Review Testimony (sent for review)

11-22-2019 Transcript


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of Motion Hearing on 11/15/19

11-15-2019 Motion hearing Isaacson, James M Libby, Jean


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03:00 PM Defendant Colten R Treu in court with Attorney Travis Satorius and Attorney Carly Sebion. Defendant Colten R Treu in custody. Wade Newell & Sheila Yohnk appeared for the State of Wisconsin. Judge states case and notes appearances. Time set on Defendant's motion to reconsider ruling on motion for change of venue. Attorney Satorius makes argument and presents new information to support a change of venue. DA Newell responds. Attorney Satorius responds. Court finds that the evidence does not give rise to a likelihood that a fair trial cannot be held - motion denied. Attorney Satorius requests a bench trial be conducted. State does not waive its right to a jury trial. Court to make decision at a later date.

11-15-2019 Transcript


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Motion Hearing October 30, 2019

11-11-2019 Letters/correspondence


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from DA's Office re: November 15th Motion Hearing (sent for review)

11-08-2019 Expert witness list - plaintiff


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State's Notice of Experts - filed by DA Newell (sent for review)

11-05-2019 Notice of hearing


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Motion hearing on January 9, 2020 at 01:30 pm.

11-05-2019 Notice of hearing


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Motion hearing on December 16, 2019 at 02:30 pm.

11-05-2019 Notice of hearing


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Motion hearing on December 6, 2019 at 09:30 am.

10-31-2019 Notice of hearing


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Motion hearing on November 15, 2019 at 03:00 pm.

10-30-2019 Exhibit list


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Exhibit stored in Exhibit Room

10-30-2019 Motion hearing Isaacson, James M Libby, Jean


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01:30 PM Defendant Colten R Treu in court with Attorneys Travis Satorius & Carly J Sebion. Defendant Colten R Treu in custody. Wade Newell appeared for the State of Wisconsin. Wade Newell & Sheila Yohnk appeared for the State of Wisconsin. Court states case and notes appearances. Court addresses Motion to Suppress statements made to law enforcement. Attorney Satorius responds and indicates the burden is on the State. DA Newell responds. Court has reviewed the Briefs & case law and viewed the interview that was conducted at the Sheriff's Department. Attorney Satorius requests witnesses be sequestered - request granted. State witness A. Clark sworn & questioned by DA Newell. Witness A. Clark cross-examined by Attorney Satorius. Exhibit 1 offered & received. Portion of interview played. Cross-examination continued. Re-direct. Re-cross. DA Newell presents final argument. Attorney Satorius responds. DA Newell responds. Attorney Sebion presents final argument. DA Newell responds. Court does not find any coercion or improper pressure and finds that the statements were made voluntarily - motion denied. 2:47 PM - Court adjourned (jail/5201)

10-29-2019 Notice


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Defendant's Notice of Expert Witness filed by C. Sebion

10-23-2019 Notice


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of DNA Evidence filed by DA Newell.

10-18-2019 Order to Seal Document Isaacson, James M
10-09-2019 Letters/correspondence


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dated August 21, 2019 re: sentence - filed by J.K. The original document name was titled: Letter: J.K. The original history event date is: 10-09-2019

10-03-2019 Response/reply


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to Motion to Suppress filed by DA Newell.

10-03-2019 Letters/correspondence


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to Court filed by DA Newell re Motion to Suppress

09-26-2019 Expert witness list - defendant


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filed by Atty T. Satorius

09-25-2019 Motion to suppress


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Statements filed by Atty T. Satorius

09-17-2019 Transcript


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of Proceedings of Motion Hearing on 9/11/19 at 1:30 pm.

09-11-2019 Motion hearing Isaacson, James M Libby, Jean


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01:31 PM Defendant Colten R Treu in Court with Attorney Carly June Sebion. Defendant Colten R Treu in custody. Wade Newell appeared for the State of Wisconsin. Attorney Sebion has no issue with pretrial orders other than date of September 25, 2019; may need until end of October. Court grants Motion for Pretrial Orders except #3; Court will deal with time limit at a later time. Attorney Newell requests defendant's motions be filed by September 25, 2019. Attorney Sebion states this should be possible. Court grants State's request - motions to be filed by September 25, 2019. State has filed Motion for Other Acts Evidence. Attorney Newell makes argument. Attorney Sebion makes argument. Attorney Newell makes final argument. Attorney Sebion makes final argument. Court will allow other acts to come in; however, will craft the other acts to be related to hit and run and redact any comments made about intoxication level; bond pending in another county is admissible. (jail/2954)

08-20-2019 Motion


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Other Acts Motion - Reply, filed by DA Newell (sent for review)

08-01-2019 Response/reply


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to State's Other Acts Motion filed by Atty T. Satorius

07-26-2019 Transcript


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of Proceedings of Arraignment/Motion Hearing on 5/24/19

07-26-2019 Transcript


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of Proceedings of Preliminary Haring on 4/12/19

07-17-2019 Motion


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Pretrial Orders

07-17-2019 Motion


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Other Acts

05-28-2019 Order Isaacson, James M


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Scheduling Order

05-24-2019 Motion hearing Isaacson, James M Libby, Jean


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re Motion for Change of Venue filed by Atty T Satorius. Defense would like to proceed in arguing merits of Motion today. Court has reviewed exhibits filed by Atty T Satorius w/ Motion. Atty T Satorius states argument for Motion for Change of Venue and states he has received State's Response. Atty T Satorius addresses concerns re State's Response. Atty T Satorius addresses concerns that the Court should consider. Atty T Satorius states argument re: adverse publicity, the State alluding to possible bad acts, media coverage, inflammatory material, community sentiment 02:02 pm - DA W Newell responds. 02:18 pm - Rebuttal statement by Atty T Satorius. 02:20 pm - Atty Carly Sebion responds to State's response and on behalf of Motion for Change of Venue. 02:24 pm - Court responds: Motion for Change of Venue - Trial will be held in Chippewa County. Court will use a Jury Questionnaire. Jury Trial will be scheduled today. Court will sequester Jury. Hearing dates to be set in Chambers. 02:31 pm

05-24-2019 Arraignment Isaacson, James M Libby, Jean


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01:30 PM Defendant Colten R Treu in court with Attorney Travis Satorius and Atty Carly Sebion. Defendant Colten R Treu in custody. Wade Newell appeared for the State of Wisconsin. Defendant pleads Not Guilty. Bond cont'd.

05-14-2019 Letters/correspondence


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from DA Newell in response to Motion for Change of Venue (sent for review)

05-03-2019 Other papers


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Defense Exhibit 4

05-03-2019 Other papers


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Defense Exhibit 1

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #9 / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #10 / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #8 / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #6 / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #3 / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #2 / sent for review

05-03-2019 Notice of motion, motion Isaacson, James M


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to Change Venue filed by Atty C Sebion / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #11 / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #7 / sent for review

05-03-2019 Other papers Isaacson, James M


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Defense Exhibit #5 / sent for review

04-17-2019 Information
04-12-2019 Exhibit list Isaacson, James M Libby, Jean


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#1, #2, #3, #4, #5, #6, #7

04-12-2019 Preliminary hearing Isaacson, James M Libby, Jean


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01:32 PM Defendant Colten R Treu in court with Attorney Travis Satorius and Attorney Carly Sebion. Defendant Colten R Treu in custody. Wade Newell appeared for the State of Wisconsin. ADA S Yohnk also appears for the State of Wisconsin. Court states case and appearances. 01:33 pm Officer T Bowman sworn in and testifies to DA W Newell Identifies Exhibit #1. Offered and received. 01:34 pm - Cross examined by Atty T Satorius Identifies Exhibit #6. Identifies Exhibit #7. Offered and received. 01:51 pm - Re-direct by DA W Newell 01:51 pm - Re-cross by Atty T Satorius 01:52 pm - Detective A Meyers sworn in and testifies to DA W Newell Identifies Exhibit #2 Offered and received. Identifies defendant. 01:56 pm - Cross examined by Atty T Satorius 02:07 pm - Re-direct by DA W Newell 02:08 pm - Re-cross by Atty T Satorius 02:09 pm - Re-direct by DA W Newell 02:09 pm - Re-cross by Atty T Satorius 02:12 pm - Officer T Johnson sworn in and testifies to DA W Newell Identifies Exhibit #3 Offered and received. 02:14 pm - Cross examined by Atty T Satorius 02:23 pm - Re-direct by DA W Newell 02:24 pm - Re-cross by Atty T Satorius 02:25 pm - Coroner R Patten sworn in and testifies to DA W Newell Identifies Exhibit #4 Offered and received. Exhibit #5 is offered by State and stipulated to by Atty T Satorius Received. 02:28 pm - Atty C Sebion gives statement to not bind over defendant. Count 10 to be dismissed - no probable cause given at this hearing. 02:29 pm - DA W Newell argues. 02:30 pm - Court responds - Court finds evidence that a felony was committed, probably committed by defendant and binds defendant over. 02:31 pm - DA W Newell requests exhibits, #1 thru #5, to be confidential - Granted. 02:32 pm - Court sets Arraignment for 05/24/2019 at 01:30 pm Any motions filed by attorneys - due by 05/02/2019. Response(s) due within 10 days. Court speaks to gallery and defendant/defense attorneys are excused first. 02:33 pm

04-10-2019 Order Isaacson, James M


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Regarding Case Administration

04-08-2019 Other papers Isaacson, James M


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Proposed Exhibits filed by DA W Newell Record updated 4-12-19 kjh: Proposed exhibits confidentially filed and only accessible to the parties.

04-08-2019 Letters/correspondence Isaacson, James M


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dated 04/08/2019 from DA W Newell to BR II re proposed exhibits for Preliminary Hearing on 04/12/2019

01-30-2019 Video conferencing Isaacson, James M Libby, Jean
01-30-2019 Review hearing Isaacson, James M Libby, Jean


Additional text:
02:59 PM Defendant Colten R Treu in court with Attorney Carly June Sebion and Attorney Travis Satorius. Defendant Colten R Treu in custody. Wade Newell appeared for the State of Wisconsin. Colten R Treu appeared by video means with Attorneys. Today's hearing is by Stipulation for Video Conference. Both parties are waiting for lab reports. Bond cont'd. Preliminary hearing scheduled for April 12, 2019 at 01:30 pm. / faxed to Jail on 01/30/2019, #3436

01-24-2019 Letters/correspondence Isaacson, James M


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dated 01/24/2019 from DA W Newell to BR II re Hrg on 01/30/2019

12-07-2018 Confidential disclosure of protected information
12-07-2018 Citation filed


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Citation filed (1)

11-19-2018 Notice of hearing


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Review hearing on January 30, 2019 at 03:00 pm.

11-16-2018 Victim impact statement


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signed by J.S.

11-15-2018 Public defender order appointing counsel


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Atty C Sebion appointed

11-07-2018 Demand for Discovery and Inspection - Defendant


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filed by Atty T Satorius

11-07-2018 Public defender order appointing counsel


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Atty T. Satorius appointed.

11-06-2018 Waiver of time limits for preliminary hearing Isaacson, James M Dillon, Connie
11-06-2018 Video conferencing Isaacson, James M Dillon, Connie
11-06-2018 Initial appearance Isaacson, James M Dillon, Connie


Additional text:
Defendant Colten R Treu in court with Attorney Kirby Daniel Harless. Defendant Colten R Treu in custody. Wade Newell appeared for the State of Wisconsin. Attorney waives reading of complaint. Defendant is informed of charges. Defendant received copy of Criminal Complaint. Public Defender to assign an attorney. Bond cont'd. Review hearing scheduled for December 11, 2018 at 10:00 am. / faxed to Jail on 11/07/2018, #114

11-06-2018 Electronic Filing Notice
11-06-2018 Case initiated by electronic filing
11-06-2018 Complaint filed Isaacson, James M
11-05-2018 Cash bond set for Treu, Colten R $250,000.00


Additional text:
Not to possess any drug paraphernalia Not to possess or consume any illegal drugs. Not to possess or consume any controlled substance not prescribed by authorized medical personnel. Not to possess any chemical device or spray that can be used to produce huffing or intoxication. Not to drive a vehicle.

11-05-2018 Bail/bond hearing Isaacson, James M


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court minutes filed.

11-05-2018 Video conferencing

Outcome: Treu was sentenced to 54 years in prison, followed by 45 years of extended supervision.

Plaintiff's Experts:

Defendant's Experts:

Comments: