01-1656 In Re the Termination of Parental Rights to Zonay M.L.: State v. Jewel C.

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The State sought to terminate Jewel C.’s parental rights to Zonay M.L., Jewel’s daughter. The ground for termination was that Jewel had failed to assume parental responsibility for Zonay pursuant to Wis. Stat. sec. 48.415(6)(a) (1999-2000). Jewel’s defense was that he had no knowledge that he was the father and therefore could not have “failed” to assume parental responsibility. In support of this defense, Jewel arranged for the testimony of Zonay’s mother, who was prepared to tell the jury that she had informed Jewel at the time of the pregnancy that he was not the father. The State objected to this testimony on grounds that it was cumulative and irrelevant. The trial court held that it was cumulative. The jury ruled against Jewel, and he appeals. This court sustains the trial court’s ruling that the testimony was cumulative.

Jewel also complains that the State brought out the specifics of other acts evidence against him during the disposition stage, namely, an old sexual assault conviction. The rule is that evidentiary rules do not apply in disposition proceedings. Besides, this fact was not a major reason why the court ordered termination and the issue is therefore inconsequential.

This court affirms.

This opinion will not be published.

Dist II, Kenosha County, Kluka, J., Brown, J.

Attorneys:

For Appellant: Dianne M. Erickson, Milwaukee

For Respondent: Robert J. Jambois, Kenosha; Angelina Gabriele, Kenosha