September 5, 2018 at 5:26 p.m.
Judge denies Schuman motion to strike 'domestic abuse' from conviction
Judge denies Schuman motion to strike 'domestic abuse' from conviction
By Abigail Bostwick-
Frank Schuman, 25, was acquitted on eight felony domestic abuse charges and found guilty of three misdemeanor battery charges after a week-long jury trial in Vilas County Circuit Court in May.
Schuman, a past LdF tribal police officer and professional MMA fighter, was accused of strangling, kicking, punching his former wife and threatening her with an AR-15.
Earlier this month, Judge Michael Bloom heard the motion filed by Schuman and his attorney, Steve Lucareli.
"It is the defendant's position that only the jury could find that the batteries were committed as acts of domestic abuse," the motion reads. The court's action to add the domestic abuse enhancer was in violation of Schuman's 6th amendment right, it continued.
"The defendant respectfully requests that the court order the judgment of conviction be amended, consistent with the jury's verdict, to remove any information indicating that the battery connections were committed as acts of domestic abuse, and to rescind the requirement that the defendant pay the aromatic abuse surcharge on each count."
The state opposed the motion, noting the domestic surcharge was not an element of the offenses for battery for which Schuman was convicted. Because the domestic abuse surcharge was a cost and not an enhancement of the penalty, the defense motion to strike the domestic abuse surcharge from the record and judgement of conviction should be denied, argued Brad Schimel, attorney general of Wisconsin.
Bloom denied the motion. Schuman, currently an inmate at Vilas County Jail, was sentenced to eight months' jail with work release and three years' probation.
Comments:
You must login to comment.