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By Lynn Binnie
Whitewater Banner staff
whitewaterbanner.com
The District 2 Court of Appeals on July 8 ordered a new trial for Alan M. Johnson, 35, who was convicted by a jury in November, 2017 of first-degree reckless homicide in the killing of his brother-in-law, Ken Myszkewicz, on October 25, 2016 in Myszkewicz’s home at 911 Peck Street. Johnson had entered the home by an unlocked door around midnight to search for child pornography on Myszkewicz’s computer. Years earlier he had made a police report with that allegation, but police indicated that the alleged evidence was not sufficiently current. After spending some two hours on the computer, Johnson was confronted by Myszkewicz, age 43. A struggle ensued, and ultimately the trespasser shot the homeowner five times.
Walworth County Judge Kristine Drettwan in January, 2018 sentenced Johnson to 25 years in prison and 10 years of extended supervision. Lawyers representing Johnson alleged in a May, 2019 filing that Drettwan erred in forcing him to testify and limiting his self-defense claim.
The Court of Appeals found that the circuit court erred in denying Johnson’s request to instruct the jury on “perfect self-defense” and in not offering the jury the option of second-degree reckless homicide. The appeals court also found that Drettwan should have allowed into evidence that child pornography was found on Myszkewicz’s computer, which if proven could have resulted in a prison sentence for Myszkewicz. It was the appelate court’s position that the jury should have been given the opportunity to decide whether “Johnson reasonably believed that K.M. was unlawfully interfering with his person, that he used such force as he reasonably believed he had exhausted every other reasonable means to escape from or to otherwise avoid death or great bodily harm at the hands of K.M.” The “unlawfully interfering” reference was to the possibility that Myszkewicz “wanted to prevent Johnson from reporting his ongoing criminal activity of possession of child pornography.”
Judge Paul Reilly wrote the decision, joined by judges Lisa Neubauer and Jeffrey Davis.
For an article in the Milwaukee Journal Sentinel click here.
For the 28-page decision click here.
By Lynn Binnie
Whitewater Banner staff
whitewaterbanner@gmail.com
Though the Banner does not wish to discourage citizens from voting, we feel that you should know that the City is spending a great deal of money and staff time sending out absentee ballots that only contain one contested race. Those voting Republican may vote for Scott Fitzgerald or Cliff DeTemple for Representative in Congress in District 5.
Per a court decision issued on June 29, in-person absentee balloting cannot begin earlier than July 28. When that schedule is announced, if you’re able to go to the Municipal Building to vote absentee, rather than requesting a ballot by mail, you will save the City on postage and paper, as well as several minutes of time, which really adds up. Importantly, the city personnel will ensure that your ballot is properly witnessed. Sadly, in the April 7 election approximately 72 ballots were unable to be counted due to not meeting the requirements. Of course you may also vote in person on August 11.
Here are the races for Walworth County:
Democratic:
Representative in Congress: Tom Palzewicz
Representative to The Assembly District 43: Don Vruwink
Walworth Co. District Attorney
Walworth Co. Clerk
Walworth Co. Treasurer
Walworth Co. Register of Deeds: Cairie Virrueta
Republican:
Representative in Congress: Scott Fitzgerald / Cliff DeTemple
Representative to The Assembly District 43: Beth Drew
Walworth Co. District Attorney: Zeke Wiedenfeld
Walworth Co. Clerk: Kim Bushey
Walworth Co. Treasurer: Valerie Etzel
Walworth Co. Register of Deeds: Michele Jacobs
Constitution:
No candidates have filed.
Here are the races for Jefferson County:
Democratic:
Representative in Congress District 5; Tom Palzewicz
Representative to the Assembly District 43: Don Vruwink
Jefferson County District Attorney: Monica J. Hall
Jefferson County Clerk
Jefferson County Treasurer
Jefferson County Register of Deeds
Republican:
Representative in Congress District 5: Scott Fitzgerald / Cliff DeTemple
Representative to the Assembly District 43: Beth Drew
Jefferson County District Attorney:
Jefferson County Clerk: Audrey McGraw
Jefferson County Treasurer: John E. Jensen
Jefferson County Register of Deeds: Staci M. Hoffman
Constitution:
No candidates have filed.
We are excited to welcome our members back to the WAFC on Wednesday!
Please see our website for more information and ways to have a safe and successful visit!
https://whitewater.recdesk.com/Community/Page?pageId=10133
Access will be limited at this time to Whitewater Aquatic and Fitness Center members only. New memberships can be purchased at the WAFC or by calling (262)-473-4900
Facility hours
We will be using door 11 to enter and exit the building during this phase of our reopening process. Patrons will have access to two single person bathroom located by door 11 in the fitness area. We encourage our members to arrive in their swimming or workout attire.
Monday-Friday:6:00 a.m.-7:00 p.m; .Saturday:7:00 a.m.-12:00 p.m.; Sunday CLOSED
Phase One membership options – Phase 1 Monthly(no commitment)
Youth/Student/Senior$30
Adult$35
Senior Couple$36
Family (2+ people)$43
Reestablishing annual upfront memberships:All annual paid in full memberships will be giving an extended end date reflecting the amount of time the facility was closed. For more information regarding your account please contact Lorelei Bowen at lbowen@whitewater-wi.gov
Public Service Announcement from the City of Whitewater Department of Public Works:
In observance of Independence Day, the compost site will be closed on Saturday, July 4, 2020.
The City normally provides a loader for loading chips and compost into residents’ trailers and trucks the first Saturday of each month. Since the site will be closed on the first Saturday of July, a loader will be available for residents on Saturday, July 11, 2020.
As a reminder, the compost site is open on Saturdays from 8 a.m. – 2 p.m. and Wednesdays from 3 p.m. – 7 p.m.
Gamblers Anonymous Whitewater
We are meeting live in person once again (after a three-month break due to the pandemic)!
Men and women gamblers! Are you a constant loser because of your gambling? Are you losing your income, self-respect and loved ones? Compulsive gambling is an addictive, progressive disease. If you want help for you or someone you love, you are welcome to attend:
Gamblers Anonymous Whitewater
First United Methodist Church—In the Library
145 S. Prairie St.
Whitewater, WI 53190
Mondays from 7:00 to 8:00 p.m.
For information, call (608) 283-5800.
There is no cost to attend G.A.
By Chris Lindeke
Assistant Athletic Director, Strategic Communications and Branding
University of Wisconsin-Whitewater
lindekec@uww.edu
The University of Wisconsin-Whitewater Department of Intercollegiate Athletics has announced its 56th Hall of Fame Class.
Former student-athletes Brenda Brooks ’01, Abbie Mueller Fuller ’07, Heather Wendt Ghilani ’02 MSE ’09, Riley Kehoe ’04, Stacey Hornickel-Kincaid, Jim Leszczynski ’05, Greg Reinhard ’08 and Kevin Tomasiewicz ’05 will be inducted. Former athletic director Dr. Paul Plinske will be inducted under the category of staff/coach, and longtime Warhawk supporter Dr. Richard P. Haven will be inducted for his distinguished service to the institution.
The 1985 women’s golf team, which claimed the second national championship in the school’s history, will be inducted under the team category. It is the second team ever inducted into the UW-Whitewater Athletics Hall of Fame.
All 10 individuals and the 1985 women’s golf team will be recognized for their contributions to Warhawk Athletics as part of the UW-Whitewater football team’s game against UW-River Falls on Saturday, Oct. 24, at 1 p.m. Inductees will be part of the Homecoming Parade, which begins at 10 a.m., and be honored at halftime of the football game and at the annual Hall of Fame banquet, which begins following the contest at 5:30 p.m. at the University Center’s Hamilton Room.
More information on the Hall of Fame Banquet will be announced in the coming weeks.
Brenda Brooks competed for the UW-Whitewater softball team from 1998-2001 and the women’s basketball team from 1997-2001. In softball, the Manitowoc native was a three-time first team All-Wisconsin Intercollegiate Athletic Conference selection who helped the Warhawks claim three trips to the NCAA Tournament (1998, 1999, 2000) and sweep the WIAC regular season and tournament championships in 1999. The second baseman was a two-time team Defensive Player of the Year and who served as a captain in 2001. On the basketball court, Brooks was named honorable mention All-WIAC as a senior in 2000-01. One of the most prolific shooters in program history, she holds the program record for 3-pointers made in one game (8) and held the record for career 3-pointers made (202) until 2016. Brooks graduated with a bachelor’s in marketing in 2001.
Abbie Mueller Fuller was a member of the UW-Whitewater volleyball program from 2002-05. She was a part of the team’s 2002 and 2005 national championships as well as four NCAA Tournament appearances, three WIAC regular season championships (2002, 2004, 2005) and one conference tournament title (2002). As a senior in 2005, the setter set a program record for assists in one season (1,723) on her way to WIAC Player of the Year, All-Region, second team All-America and NCAA Tournament Most Outstanding Player accolades. For her career, Fuller ranks among the top 20 in program history in service aces (205), assists (3,238), digs (1,383) and blocks (296). A graduate of West Bend East High School, Fuller graduated from UW-Whitewater with a degree in social work.
Heather Wendt Ghilani was a four-time all-conference selection, including a three-time first team honoree, for the UW-Whitewater softball team from 1999-2002. The pitcher helped the Warhawks reach the NCAA Tournament in 1999 and 2000 and sweep the WIAC regular season and tournament championships in 1999. She ranks among the top five in program history in career complete games (65), career strikeouts (421), career wins (61), career innings pitched (523 2/3), career saves (4) and career earned run average, minimum 300 innings (1.38). Ghilani’s name is also littered throughout the team’s game and season records. As a sophomore in 2000, when she was tabbed second team All-Region, Ghilani tossed a no-hitter in an 8-0 win over Beloit. The Hampshire, Ill., native earned her bachelor’s in physical education in 2002 and her master’s in professional development from UW-Whitewater in 2009.
Riley Kehoe was a standout distance runner for the UW-Whitewater men’s cross country and track and field programs between 1999-2004. He was a part of three NCAA Championship qualifying cross country teams, which placed fifth in 1999, sixth in 2000 and 17th in 2003. In his final season, Kehoe garnered All-Region accolades after running a career-best 25:41 at the 2003 NCAA Midwest Regional. On the track, he was a three-time All-American, including in the 5,000-meter run and the distance medley relay as a senior in 2004. Kehoe recorded six All-WIAC finishes, including first place in the 3,000-meter run and the distance medley relay at the 2004 WIAC Indoor Championships. He holds the indoor school record in the 1,500-meter run (3:54.59) and ranks among the program’s top five all time in the outdoor 1,500 (3:52.18), the indoor mile (4:13.36), the 3,000 (8:25.69) and the 5,000 (14:33.44). A Milwaukee native and graduate of Wisconsin Lutheran High School, Kehoe graduated with a degree in management computer systems in 2004.
Stacey Hornickel-Kincaid earned 10 All-WIAC medals and was an All-American in the triple jump during her career with the UW-Whitewater women’s track and field team from 1997-2000. The Whitewater native helped the Warhawks placed sixth at the 1999 NCAA Outdoor Championships with a third-place finish in the triple jump, and qualified four other times for the national meet in the event. In 1999, Hornickel-Kincaid was also part of the team’s WIAC championship distance medley (indoor) and sprint medley (outdoor) relays. She currently holds school records in the 200-meter hurdles (30.26), distance medley relay (12:03.81) and sprint medley relay (4:07.46 – also a WIAC record). Hornickel-Kincaid graduated from UW-Stout in 2001 with a bachelor’s in retail merchandising and management and a minor in business administration.
Jim Leszczynski was a wide receiver for the 2005 national runner-up and WIAC championship team during his four-year career with the UW-Whitewater football team from 2002-05. A captain of the 2005 team, the first in program history to reach the Stagg Bowl, Leszczynski earned honorable mention All-America honors from Football Gazette and second team All-Region accolades during that season. The Franklin native was a three-time All-WIAC selection, including a first team nod in 2005 after posting 80 receptions for 1,217 yards and 12 touchdowns. Leszczynski ranks among the top five in the program record book in career receptions (162), receiving yards (2,547) and receiving touchdowns (25). He graduated with a bachelor’s in finance in 2005.
Greg Reinhard was a part of three WIAC regular season championships, two conference tournament titles, three NCAA Tournament appearances, two trips to the Division III World Series and the baseball program’s first-ever national championship (2005) during his career from 2003-05. In 2005, he was named National Pitcher of the Year by the American Baseball Coaches Association, first team All-America and WIAC Pitcher of the Year after tallying a 12-0 record in 103 2/3 innings with three shutouts and 146 strikeouts, the most in one season in program history and a number that includes a program-record 19 strikeouts in one game. A two-time first team All-WIAC and All-Region pitcher, Reinhard ranks among the program’s all-time top 10 in career shutouts (4), walks allowed per nine innings (1.52), strikeouts (223), win-loss record (24-2), innings pitched (218), hits allowed per nine innings (6.93) and earned run average (2.72). Reinhard was taken in the sixth round by the Tampa Bay Rays in the 2005 MLB First-Year Player Draft and played six years professionally, reaching the Triple-A level on two different occasions. In 2012, the Marinette native was selected to the WIAC’s All-Time Baseball Team as part of the league’s Centennial Celebration. Reinhard earned his degree in history from UW-Whitewater in 2008.
Kevin Tomasiewicz was a two-time All-American pitcher for the UW-Whitewater baseball team during his four-year career from 2002-05. He was a part of three WIAC regular season championships, two conference tournament titles, three NCAA Tournament appearances, two trips to the Division III World Series and the program’s first-ever national championship (2005). Tomasiewicz was a first team All-Region and All-WIAC selection in both 2003 and 2005, when he pitched a program-record 108 innings with a 15-1 record, the most wins on one season in program history. He finished his career among the top five in school history in win-loss record (35-5), innings pitched (253 1/3), shutouts (3) and strikeouts (232), and among the top 10 in earned run average (3.09). Tomasiewicz was taken the 26th round of the 2005 MLB First-Year Player Draft by the New York Mets and enjoyed a four-year professional career. He was named to the WIAC’s All-Time Baseball Team in 2012 as part of the conference’s Centennial Celebration. A native of Sleepy Hollow, Ill., Tomasiewicz graduated with a degree in marketing in 2005.
Dr. Paul Plinske served as Director of Intercollegiate Athletics at UW-Whitewater from 2004-13. During his tenure, the Warhawks claimed nine national championships and finished among the top 15 in the Learfield Directors’ Cup standings in six straight years, including fourth place in 2012-13. UW-Whitewater also won the WIAC All-Sports Award four times in his last six years, and in 2012-13, became the first school in league history to sweep the combined, men’s and women’s All-Sports Awards. Plinske also championed the Warhawks’ work in the classroom and the community, as UW-W teams earned the WIAC All-Academic Award for nine straight years and were highly involved in numerous community service projects in the Whitewater area and the state, including Make A Difference Day, Reading With The Warhawks and the Special Olympics. Plinske raised more than $12 million for facility upgrades, which included renovations to Fiskum Field and Foster Track, installation of FieldTurf, new video board and lighting at Perkins Stadium, synthetic turf and lighting at Miller Stadium, improvements to van Steenderen Softball Complex and new video board installation in Kachel Gymnasium. His fundraising efforts also increased the department’s operating funds and opportunities for women through additional staff positions. Plinske served a three-year term as Chair of the NCAA Gymnastics Committee and was Chairman of the Board of Directors for the United Way of Jefferson and North Walworth Counties during his UW-W career.
Dr. Richard P. Haven was a Professor of Communication at UW-Whitewater from 1972-2011, when he also held positions of Interim Dean of the College of Arts and Communication (2007-10), Associate Dean of the College of Arts and Communication (1998-2007), Chair of the Communication Department (1993-98), Assistant to the Chancellor (1991-93) and Chancellor’s Speechwriter (1991-2007). He has been a supporter of UW-Whitewater Intercollegiate Athletics for many years. He has served as the men’s and women’s basketball shot-clock operator since the late 1990s and the football play-clock operator since 2002. Dr. Haven also served as public address announcer in numerous sports, working in that capacity at the 2004 NCAA Indoor Track and Field Championship held at Kachel Fieldhouse and the National Collegiate Gymnastics Association Championships hosted by UW-Whitewater in 2007 and 2013. In 2014, Dr. Haven served as the color commentator on the WKCH radio broadcasts during the baseball team’s national championship run. He has also provided coaches with academic assistance in recruiting and provided academic advising for student-athletes in the College of Arts and Communication. In addition to these activities, in 2003, Dr. Haven negotiated the Charter Communication contract that enabled UWW-TV to broadcast athletic events live throughout Southeastern Wisconsin and parts of Northern Illinois. Dr. Haven served as the emcee of the Athletics Hall of Fame banquet for 14 years and hosted the radio program “Inside the University” during half-time of football and men’s and women’s basketball games for five years. He also hosted half-time radio interviews at five of the football team’s Stagg Bowl appearances. Finally, Dr. Haven has been a regular financial contributor to intercollegiate athletics through golf outings, annual team contributions and on-going donations to the overall intercollegiate athletic program.
The 1985 women’s golf team claimed the first women’s national championship in school history. UW-Whitewater, coached by Chris Voeller, won the Division III section of the National Golf Coaches Association Division II-III Championship in Tallahassee, Fla., on April 15-17, 1985. The top 10 Division II and III teams in the NCAA’s computer formula qualified for the tournament, sponsored by the National Golf Coaches Association. UW-W’s win at the NGCA capped a three-year streak of defeating every Division III team it faced. Beth St. Thomas, a junior, was the Division III medalist with rounds of 77-77-86. UW-W’s Mary Benkert, as the top rated Division III player in the NCAA’s formula, was named an alternate for the NCAA Championship, an open meet primarily featuring participants from Division I teams.
(City of Whitewater News Release) Whitewater local cable TV station 990 is currently experiencing technical issues with audio. You may view all recorded programs at https://vimeo.com/cityofwhitewater. We will also share our programs on our Twitter and Facebook pages. We apologize for the inconvenience and are working to find a solution.
We will share the Vimeo video of the WHS virtual graduation ceremony on our social media and place it on our website as well so people can find it here. We will also rebroadcast the ceremony on cable and will announce the date once we figure out the sound issue on the station.
Obituaries
Edward W. HamiltonApril 3,1941 – October 26, 2024 Edward “Edjo” Wickman Hamilton, 83, passed away peacefully on Saturday, October 26, 2024 at home. Ed was born in Evanston, Illinois and moved to Whitewater, Wisconsin with his family when he was eight years old. He attended Whitewater High School and then graduated from the University of Wisconsin, Whitewater with a bachelor of science degree. He also served two years in the army. He moved to Davenport, Iowa in 1971 and worked at John Deere Davenport Works until he retired in 2001. Then he followed a dream, moved back to Whitewater and … Read more
Read MoreVerne Paul Schrank was born on March 9, 1930 at home on the family farm in Lima Township, Rock County, to Arthur and Marie (Witte) Schrank. He attended the Sturtevant one room school which closed when he graduated in 1944. He attended Whitewater High School and graduated in 1948. Verne farmed with his parents until 1967 when he moved to Whitewater and worked for the Whitewater Unified School District as a custodian – courier for 27 years. Verne served on various boards at St. John’s Ev. Lutheran Church, as well as playing on the dartball team for many years. Verne … Read more
Read MoreAfter a long full life, Janine Marie (Dickerson) Weiss was called home to the Lord. Janine was born on April Fool’s Day, 1930 in Milwaukee. She grew up enjoying Trolleys, dancing and school with her sisters, Donna Domagalski, Marcyl Howel, Karen Moczynski and her parents, Glenn and Lucille Dickerson. In 1950, she married Frederic Weiss in a little church in Three Lakes WI. Shortly after, the first of 5 kids was born with the next 2 shortly after. Denice Lucille (Edward DeGroot), David Arthur, and Dana Lynn (Stephen Lind). After a breather Debra Beth (Alyn Jones) and Donna Raye (Dale … Read more
Read MoreRaymond Miles, 96, Whitewater, passed away on Thursday, November 14, 2024, at Our House Senior Living in Whitewater. Raymond was born on February 10, 1928, in Elkhorn, WI to Rueben and Norma Miles. He served in the US Army. On June 18, 1955, Raymond married Waverly Sutherland in Whitewater, WI. He enjoyed a long and successful career as a Livestock Dealer. In retirement, he cherished time spent with his family and remained informed on the farming community. He is survived by his wife of 69 years, Waverly of Whitewater, sons Eddie of Madison and Todd (Barbara) Miles of Sarasota FL, … Read more
Read MoreConnie Jean Sukowski embarked on her next big adventure on the evening of Friday, November 8, 2024. Connie enjoyed decades of adventures with friends and family. She spent 36 years teaching 2nd and 3rd grade students in the Palmyra Eagle School District, working alongside many cherished colleagues and friends. Connie and her husband, Patrick Theodore Sukowski, shared 55 and a half years of marriage. Together they raised four children: Peter, Allan, Ann and Kevin Sukowski. She took great joy in watching her five grandchildren grow into amazing adults: Sonora Sukowski, Brianne Hebbe, Jared Gundrum-Sukowski, Nolan Causey, and Lore Lai Schimmel. … Read more
Read MoreNancy Lou Hallock Cooper passed away November 8, 2024 due to complications of lungcancer. Nancy was born on April 20, 1936 in Springfield, MA to Howard and Barbara (Corliss) Hallock. As a child, Nancy spent every summer in her beloved Piermont, NH where she and her brothers “helped” the local farmer with his chores, including riding in the truck with the milk cans every morning. She enjoyed swimming in the local brooks, picking berries, going to the nearby library, visiting with cousins, and playing croquet every evening. As she grew older, she spent time as a camper and then a camp … Read more
Read MoreJames Robert Trier (Jimbo), passed away on November 10, 2024, at the age of 89. Born on December 22, 1934, in New Holstein, WI, to George and Frances Trier. He spent his later years residing in Whitewater, WI. Jim began his teaching career as a high school mathematics teacher and then dedicated 55 years of his life to education as a mathematics professor at the University of Wisconsin-Whitewater. He was the chairman of the faculty senate as well. He had a passion for math and an engaging teaching style, which made him a student favorite. He was known for telling … Read more
Read MoreEditor’s note: Martin Martinelli’s obituary may be found here.
Read MoreJuan Manuel “Manny” Rodriguez, 56, of Whitewater, WI, passed away on Oct 31, 2024. He was born in Fort Atkinson, WI, on November 14, 1967 to Ponciano and Blanca Rodriguez. He graduated from Whitewater High School and continued his education at Gateway, earning a degree in marketing. He had a love for helping people and worked in healthcare for over 30 years as a CNA. He enjoyed shooting darts with his lifelong friends: Robert Bramley, Brian Quass, and Todd Piper. To know Manny, you knew he had a love for his Washington Redskins, now known as the Commanders. He loved to play … Read more
Read MoreJames Trier, Whitewater, passed away on Sunday, November 10, 2024 at Edgerton Hospital. A Mass of Christian Burial will be on held on Saturday, November 16, 2024 at 2:00 pm at St. Patrick Catholic Church, Whitewater. Burial will follow in Calvary Cemetery, Whitewater. Friends may call at the church on Saturday from 1:00 pm until the time of the service. A full obituary will follow. Nitardy Funeral Home, Whitewater is assisting the family.
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