By: WISCONSIN LAW JOURNAL STAFF//January 22, 2014//
Wisconsin Court of Appeals
Criminal
Evidence – exhibits — jury room
Chase Boruch appeals a judgment of conviction for first-degree intentional homicide of his mother, Sally Pergolski. He argues the trial court erred when, in response to a jury request during deliberations, it provided the State’s autopsy and toxicology reports without also providing the report of a defense pathologist, Dr. Bradley Randall. We conclude the court properly exercised its discretion, and any error would have been harmless. Accordingly, we affirm. Not recommended for publication in the official reports.
Dist III, Lincoln County, Hartley, J., Mangerson, J.
Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Dunphy, Donald J., Merrill; Burgundy, Sarah, Madison