On Point blog, page 1 of 1
COA: dismissal with prejudice not unreasonable remedy for county’s repeated failure to produce key witness
Fond du Lac County v. John Anthony Hettwer, 2020AP 1422, 7/21/21, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
The county charged Hettwer with OWI- and PAC-first. At the first attempted trial, the jury was sworn, but before opening statements could begin, the county told the court that the phlebotomist it intended to call as a witness was home with a sick child, and asked that she be allowed to testify by telephone. Hettwer objected and ultimately the court declared a mistrial. (No double-jeopardy problem here because an OWI-1 is non-criminal.)