01-2502 State v. Veneman

By: dmc-admin//August 5, 2002//

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“[W]e determine that there was sufficient evidence pertaining to the relevant time period from January to April 1999 from which the jury could reasonably conclude that Venema ‘crossed the line’ in violation of the statute. However, we have no way of knowing if the jury relied on that properly admitted and relevant evidence in arriving at its verdict. We do know that the prosecutor did not limit her discussion of the evidence establishing his guilt to that time frame. Instead, she clearly and vehemently urged the jury to rely on evidence prior to January 1999 to find Venema guilty of the offense. The admission and use of such evidence in that manner was not harmless error.

We therefore reverse the judgment of conviction and remand the case for a new trial.”

Recommended for publication in the official reports.

Dist II, Walworth County, Carlson, J., Brown, J.

Attorneys:

For Appellant: Randall R. Garczynski, Elkhorn

For Respondent: Edwin J. Hughes, Madison; Phillip A. Koss, Elkhorn

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