By: WISCONSIN LAW JOURNAL STAFF//April 20, 2011//
By: WISCONSIN LAW JOURNAL STAFF//April 20, 2011//
Hazardous Waste
Intent; jury instructions
Dale Knutson and CAAP, Inc. (collectively Knutson) appeal from judgments of conviction of party to the crime of the unlicensed storage of hazardous waste contrary to Wis. Stat. § 291.97(2)(b)2. (2009-10). Knutson argues that the jury was improperly instructed that the prosecution only had to prove that Knutson knew that the material had the potential to be harmful to others or the environment and that Knutson was entitled to a mistake instruction. Knutson contends that the prosecution was required to prove that Knutson knew that the substance being stored was hazardous waste. We conclude that State v. Fettig, 172 Wis. 2d 428, 493 N.W.2d 254 (Ct. App. 1992), controls as to the instruction for a violation of § 291.97(2)(b)2., and that the facts did not support the requested mistake instruction. We affirm the judgments. This opinion will not be published.
2010AP1341-CR, 2010AP2011-CR State v. Knutson, et al.
Dist II, Washington County, Resheske, J., Per Curiam
Attorneys: For Appellant: Brown, Thomas E., Milwaukee; Keppel, Kathryn A., Milwaukee; For Respondent: Tinker, Steven E., Madison; Bensen, Mark, West Bend