Motion to Suppress

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Daniel J.H. Bartelt

Case No.: 2015AP2506

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Motion to Suppress

Daniel J.H. Bartelt was convicted of the firstdegree intentional homicide of Jessie Blodgett upon a jury verdict and first-degree recklessly endangering safety of M.R. upon Bartelt’s plea of guilty. During the course of the investigations, detectives from the Washington County Sheriff’s

Office interviewed Bartelt and he implicated himself in the attack of M.R. Following these oral admissions, the detectives asked if Bartelt would make a written statement, at which point he asked if he should or can talk to a lawyer, and, when told that was an option, he indicated that he preferred that. The detectives left the interview room and a few minutes later placed Bartelt under arrest. The following day, detectives from the City of Hartford met with Bartelt to question him about Blodgett’s death. After Bartelt was advised of his Miranda rights, he waived them and stated that he was at Woodlawn Union Park on the morning of Blodgett’s murder. The detectives then went to Woodlawn Union Park and uncovered evidence connecting Bartelt to Blodgett’s murder. The circuit court denied Bartelt’s motion to suppress the statements he made and the evidence that resulted from those statements, concluding that Bartelt was not in custody at the time he asked about counsel. Because Bartelt asked about counsel before he was in custody, the detectives from the City of Hartford were not prohibited from interviewing Bartelt. Bartelt now challenges the circuit court’s determination of his motion to suppress. We affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.