February 14, 2012 at 6:17 a.m.
Not guilty pleas entered in Minocqua cocaine case
Not guilty pleas entered in Minocqua cocaine case
Dane Wisnosky, 47, "stood mute" when asked to enter a plea during an appearance in Oneida County Circuit Court Monday. When a defendant chooses to stand mute, not guilty pleas are automatically entered on his or her behalf.
Wisnosky is charged with two counts of manufacture/delivery of cocaine (1 to 5 grams) as party to the crime. His alleged girlfriend, Carole J. Schultz, also of Minocqua, is charged with one count of manufacture/delivery of cocaine (1 to 5 grams) as party to the crime. The two were arrested Dec. 1, 2011, following an undercover drug operation. According to the criminal complaint, Wisnosky and Schultz sold cocaine to an undercover operative on two occasions. Both sales are alleged to have taken place at the Black Bear Bar property on Highway 70 formerly owned by Wisnosky.
During Wisnosky's preliminary hearing earlier this month, Deputy Lee Lech of the Oneida County Sheriff's Office testified he and two other narcotics officers worked with a confidential informant, identified only as 0SI297, to complete the controlled drug buys.
Lech testified he gave OSI297 $100 on the first transaction and $250 on the second and both times the informant came back with a white, powdery substance later identified as cocaine.
Lech testified the informant was searched prior to both controlled buys and visual surveillance of the informant was conducted during the transaction.
Throughout the preliminary hearing, defense attorney Steve Lucareli attempted to cast doubt on the validity of the alleged drug transactions and the credibility of the informant. During cross-examination, he attempted to ask Lech if the informant is a male or a female but the state objected on the grounds it does not have to identify the informant and the gender of the person goes to identification.
Lucareli argued the sex of the informant is relevant because it's plausible a male officer wouldn't search a female informant in as invasive a manner as he might a male. He argued the parameters of the search are relevant because it's possible an informant could hide drugs somewhere on their person (and later claim to have purchased them from another person) in an attempt to frame an innocent person.
Judge Patrick O'Melia would not allow Lech to answer the question about the informant's gender but did allow Lucareli to ask questions about the search. Lech testified he did not search under the informant's clothing or undergarments and did not perform a body cavity search of the informant prior to the controlled buy.
Lucareli also attempted to find out whether the confidential informant was facing criminal charges at the time of the alleged transactions.
"If we have someone here who is being investigated for first degree homicide as opposed to a parking ticket what it is they were facing could directly impact their willingness to do whatever they had to do to satisfy these officers," he said.
Oneida County District Attorney Mike Bloom objected and O'Melia agreed the line of questioning was not appropriate at a preliminary hearing.
Following Lech's testimony, Lucareli attempted to call a mystery woman to the stand.
"I have a person subpoenaed who I believe is OSI297 and this person has represented to my client and others that she personally was not involved in any transactions on Sept. 3, 2011 and Aug. 12, 2011," he said.
Bloom objected to the woman's testimony as improper at a preliminary hearing and Judge Patrick O'Melia agreed. Only the state has the right to waive confidentiality as it relates to an informant, if Lucareli's witness is actually the informant, O'Melia said.
The woman was not allowed to testify.
If convicted, Wisnosky faces up to 25 years in prison.
A pretrial conference in this case was set for April 10. A trial date has not been set.
Heather Schaefer may be reached at [email protected].
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