On December 15th, 2002 I left Rapid River and drove to my Kaukauna apartment for the work week. Because Cherie and the children would be driving our fifteen-passenger van to Arizona for Christmas and would be stopping at the apartment in Kaukauna, I brought Jasmin and Alex with me to spend the night in the Kaukauna apartment.

On December 16th, 2002 Cherie and the remaining children arrived to the apartment from Rapid River. Driving to Arizona with Cherie was her best friend Linda Brawley-Dishno and Linda's children September and Jerry. Thus on the night of December 16th, 2002 there are three adults and eleven children sleeping in my two bedroom apartment.

On December 17th, 2002 I left for work at about 6:30 a.m. Shortly after I left Cherie, Linda and the eleven children left the Kaukauna apartment and began driving to Phoenix, Arizona where Cherie's mother and stepfather, Harold and Nancy Horner reside. Because of my business schedule I was unable to travel with the family when they drove to Arizona.

On December 21st, 2002 I flew to Phoenix, Arizona from the airport in Green Bay, Wisconsin. Cherie and everyone had arrived in Arizona on this date and Cherie and Jesse picked me up at the airport in the evening.

Once we arrived to the Horner residence I would sleep in a pop-up camper located in their backyard. I could not sleep in the home due to my asthma and allergies to dogs. During the vacation to Arizona in 2001 my sleeping arrangements were similar. Cherie slept in the home with a few children while I slept in the camper with most of the children. The camper contained a television, VCR, and a video game system. As a result, during the evenings the camper would be filled with kids, none wanting to sleep in the house.

On December 27th, 2002 Cherie and I drove to Las Vegas from Phoenix to spend a night alone. The children all remained in Phoenix at the Horner home. During our time in Las Vegas the children were left in Phoenix under the supervision of Nancy, Harold, Linda and Cherie's sister, Sandy Jones-Campbell.

On December 28th, 2002 Cherie and I returned to Phoenix from our Las Vegas trip.

On December 30th, 2002 I took several children for a daytime hiking trip. During this trip Ryan started to hit Donald on the head with an empty plastic pop container. After several ignored warnings to Ryan from me to stop pestering his brother Donald asked me if he could make Ryan stop himself. I said something like �good-luck�, a poor parenting choice I regret daily. My reply caused a wrestling match in the van between Ryan and Donald. Amanda then changed seats to be nearer to Ryan. While moving to the next seat, Amanda slipped and hit her face on the picnic cooler. During this activity the van is not moving and I am sitting in the drivers seat and Elsie in the passenger seat, and we were all laughing. After what I thought to be a funny incident, we continued on our way and went hiking for the remainder of the day.

When we returned to the house that evening, Cherie was in bed sleeping. During this vacation Cherie had hurt her knee and had gone to bed early. Cherie did not see the children who were with me until the following morning.

On December 31st, 2002 early in the morning someone noticed that Ryan, Amanda and/or Donald had bruises on them. Statements and testimony are inconsistent regarding who actually was bruised. I then explained what had happened in the van to Cherie who was understandably quite angry with me for allowing the wrestling to occur. After having this discussion in the house regarding the van fight I returned to the camper and began playing Blackjack with Amanda, Elsie, September and Jerry. We began playing with quarters I had in my suitcase. After playing for a brief period of time I commented we should play with their spending money. I then gave Amanda 5 one-dollar bills of her allowance to play with. Jeffy then lost his dollar and went to get additional money from his mother who was in the house. Linda then learned I was �gambling� with the children and came out to the camper with Sandy to voice their opinion regarding our activity. Both Linda and Sandy observed me playing cards for money. Both individuals were upset I was gambling because it is contrary to our religious beliefs. In my opinion, I was simply entertaining children and found nothing improper with what we were doing.

Immediately after this confrontation in the camper I left the house with Linda, Sandy, Jerry, Jesse and Donald to help pack a U-Haul truck. Sandy was moving back to Michigan with us and her personal property was in storage.

When I returned to the house approximately one hour later Cherie confronted me for �messing with the girls�. At that time I had no idea as to the allegations against myself. It was Linda who first informed me Amanda was saying I had sexually abused her, specifically that we had been having anal sex. I immediately requested Linda to have all the girls medically examined. Having been a foster parent for seven years, with training I understood the importance of medical exams.

Within a half hour after the allegations was initially made I was ordered to leave the house. Cherie's stepfather Harold drove me to the airport in Phoenix, Arizona. My return flight to Green Bay, Wisconsin was not scheduled to depart until January 1st, 2003. After being dropped off at the airport I rented a car and drove to a local hotel where I stayed the night.

On January 1st, 2003 I flew from Phoenix, Arizona back to Green Bay, Wisconsin. I then returned to my apartment in Kaukauna where I spent the night. With witnesses, cell phone statements, Internet dial up logs, and receipts, I can prove my whereabouts from January 1st, 2003 to January 5th, 2003. This becomes very important when any alleged physical evidence is not found in my Michigan home.

On January 2nd, 2003 I went to work as scheduled. I was also captured on video while in a bank about 4:30 p.m. trying to cash a check. After returning from Arizona I didn't have any money and was attempting to cash a business check. Rent was due for my apartment and I did not have a banking account in Wisconsin. I was unsuccessful at cashing a check.

On January 3rd, 2003 I went to work for 7:00 a.m. and stayed until 11:30 a.m. I then drove to another customer's manufacturing facility where I intended to pick up another payroll check. I did not get there by noon at which point the company had closed for the weekend. I then returned to my Kaukauna apartment for most of the remaining afternoon. Luckily, my Internet connection was dial up and the hours I was in my apartment on-line were all documented and tracked by my Internet service provider. Additionally, my cell phone bill shows my incoming and outgoing calls all originating from a local tower near my apartment.

January 3, 2003 I also placed a telephone call to my apartment complex manager. During my vacation to Arizona a plumbing leak started near my bathtub. I gave permission for management to enter my apartment while was at work.

On January 4th, 2003 at approximately 9:15 a.m. I went to a bank and withdrew $1500.00 from my credit card. I met with an attorney in Green Bay, Wisconsin to discuss what I should do regarding the abuse allegations. Because I had been in contact with Cherie while she was driving back to Michigan from Arizona, I became aware in addition to Amanda, Elsie and Jasmin were alleging I had sexually abused them also. Because I did not know the location the abuse was being alleged, the attorney suggested he should not yet be retained, as he may not be able to represent me outside of Wisconsin. His suggestion was to wait and see if I was charged. However, his opinion was most likely I would be charged in the county and state of my primary residence.

Following the meeting with the attorney I returned to my apartment and began to pack my apartment and began to pack my apartment belongings in preparation to return to Michigan. It was suspected that if I was charged in Michigan and I was able to post bond, most likely I would not be able to leave the state. So I packed mostly business related items so I could continue my design business back in Michigan. I placed what I could in my suburban, so my truck is now �packed� which the police will interpret as evidence of intent to flee.

After getting most everything packed, at approximately 3:30 p.m. I drove to Appleton, Wisconsin, which is 10 miles south of my apartment. I went to a Radio Shack and purchased a new cell phone with a one-year Verizon contract using my credit card. After buying the phone I went to a Mexican restaurant and met with a woman named Brenda, whom I had been chatting on line with. Ultimately, the two of us rented a hotel room at an Excel Inn located in Appleton, Wisconsin. While at the hotel I logged onto the Internet and allowed Brenda to surf the Internet. Legal adult orientated material recovered from my laptop computer viewed, but not downloaded this night, eventually becomes �evidence� in my three trials.

On January 5th, 2003 at approximately 8:30 a.m. I left the hotel after spending the night with Brenda. Keep in mind at this point my truck is still packed with business belongings and miscellaneous items. I left Appleton, Wisconsin and drove north to my Kaukauna apartment. During the entire ride between Appleton and Kaukauna I was talking to Cherie on a cell phone regarding the allegations. Cherie, unknown to myself, was recording this phone call. As I approached my apartment complex I noticed police cars parked slightly down the road from my driveway. I turned into the apartment driveway which is horseshoe shaped with no additional exit ways and was stopped and arrested by the police on the apartment complex driveway. I was then taken to the police department for questioning at about 9:30 a.m.

Initially, I was questioned by Lieutenant Kevin Shepardson and Officer John Nejedlo of the Kaukauna City Police. Once I was in custody the Michigan State Police were notified and Detective Terrance Saunders and Trooper George Sailer drove from Gladstone, Michigan to Kaukauna, Wisconsin to also question me. During my interview I signed consent forms allowing police to search my apartment and my �packed� suburban.

At the apartment complex police searched a garbage dumpster looking for evidence. In the dumpster my apartment trash bags were located containing addressed junk mail, trash, etc. However, an OUI adult magazine was also found in the dumpster but not in my trash bags. When questioned regarding the magazine I admitted I found it on January 4th, in front of the dumpster on the ground and threw it in the dumpster. Even though content was legal and the magazine was never mine, it was admitted as evidence in my three trials.

My truck was found to contain: 1 six-gallon gas can, clear tubing and a road atlas. In my briefcase was found my birth certificate, my parent�s death certificates, and a document entitled �How to Create a New Identity in North America�. To a police officer and most ordinary individuals these items uncontested could clearly indicate flight.

My birth certificate and both my parent�s death certificates were in my possession prior to the allegations being made. Because I can prove I never went to Michigan after the allegations were made, and police never alleged I did, those documents were in my briefcase, in Kaukauna, prior to December 31st, 2002.

The document on �How to Create a New Identity� was purchased on January 2nd, 2003 from an on-line bookstore with a credit card. If I were to follow suggestions in the article to avoid being found by police I would not have continued using credit cards or bought the new cell phone on January 4th, 2003 with a yearly contract. In each trial it was acknowledged I did not follow any recommendation in the document. So the question asked when I was being interrogated, and you are asking yourself is: �Why would you possess such a document?� It's quite simple. On December 28th, 2002 I read an article in the Arizona Republic Newspaper entitled �100,000 at risk for I.D. Theft�. I also re-read the article in the airport just prior to leaving Arizona. Because I was self employed and used the Internet extensively I wanted to protect myself. Knowing how an identity is stolen would give me the best knowledge on preventing my own identity from being stolen. Additionally I had been informed a nephew of mine had his identity stolen.

The police suspected the gas can and tubing would be used to siphon gas. During my first two trials the police alleged only one piece of tubing was in my truck. I testified each time there should have been two different sizes of tubing in the truck. For my third trial I received copies of the evidence photographs taken of the truck and they show two different coils of tubing. The police only kept one size of the tubing for evidence.

Prior to leaving for Arizona I had bought 1 roll of tubing which was the wrong diameter for my intended use. I bought the second roll on January 4th, 2003. The police located where I had bought the tubing and acquired a copy of the receipt from a local hardware store. There is clear evidence I did not buy the tubing and the gas can together. However, in my interview on January 5th, 2003 the police report indicates I had said I bought the two items together. Unfortunately my interview was never recorded or a written statement made.

My interview/interrogation lasted until about 8:30 p.m., all the while I maintained the allegations were false, and even gave reasons as to why the allegations could be false. Nothing I asked to be investigated, was. I even informed police an aunt had recently acquired my birth certificate for me. She was never questioned.

The evening of January 5th, 2003 I was booked into the Outagamie, Wisconsin County Jail with a bond of $150,000.00 on an arrest warrant from Michigan. In February of 2003 I waived extradition to Michigan were I was then detained in the Delta County, Michigan County Jail.

On January 6th, 2003 Lieutenant Kevin Shepardson and Officer John Nejedlo went to the manufacturing company in Green Bay, Wisconsin that I was doing engineering design work for. The owners verified I was at work on both January 2nd and January 3rd. While at my client's office, on my desk was found my membership to the on-line book club where I had bought the document on creating a new identity.

On January 9th, 2003 Officer John Nejedlo went to my client's office in Green Bay and picked up a CD, which contained electronic copies of my time sheets.

On January 15th, 2003 Officer John Nejedlo again contacts my client by telephone. During this phone call Officer Nejedlo is told how I tried to cash a check at a local bank. The bank video is eventually gathered as evidence.

On January 16th, 2003 Trooper George Sailer and Detective Terrance Saunders went to the Michigan home and interviewed Cherie again. Again, this interview is not recorded.

On January 17th, 2003 Detective Terrance Saunders went back to the Michigan home and interviewed Amanda and Elsie, again, and a very �questionable� interview was conducted. Twice, Detective Terrance Saunders interviewed Amanda with Cherie present. The first time he did not record the interview, but then he reconducted the same interview while recording it. Interesting enough, Detective Terrance Saunders follows the exact same procedure with Elsie.

On January 24th, 2003 Officer Nejedlo recovered the videotape from the bank where I attempted to cash a business check. I was observed on video at the bank at 4:17 p.m. on January 2nd. Also on January 24th, Officer Nejedlo contacted and received a statement from the individual who observed me at the bank.

On January 25th, 2003 Trooper George Sailer returns to the Michigan home. Cherie then gives Trooper Sailer the chat profiles from my on-line Yahoo account. They are all female, none younger than 26 years old. Cherie also gave a copy of the on-line chat dialog between herself and Brenda in which Brenda admits draining my laptop battery looking at dirty web sites at the hotel on January 4th, 2003.

Also on January 25th, 2003 during Trooper Sailer's visit, he re-interviews Jasmin. This interview was not recorded. Jasmin continues to describe volumes of sexual activity and makes reference to photographs being taken, the creation of web camera images, and a 12� miniature sized baseball bat kept under my bed, which I supposedly would put in her vagina and rectum. None of these items are ever found to exist, or ever observed by anyone else in the home.

On January 27th, 2003 Detective Trooper Jay Poupard of the Michigan State Police changed my Yahoo messenger account password to prevent anyone from accessing the account. No email is ever recovered relating to the case against me.

Also on January 27th, 2003 Trooper George Sailer contacted an individual named Cheryl, a female listed on my Yahoo account and interviewed her.

On January 30th, 2003 Detective Trooper Jay Poupard receives the search warrant for my email account. Nothing of �evidentiary value� is found in my email.

On January 30th, 2003 Lieutenant Shepardson and Officer Nejedlo interviewed Brenda whom I was with the night of January 4th, 2003.

When I was transferred to the Delta County Jail in Michigan I knew where my trial would take place and I was able to retain an attorney for representation. Once I had retained counsel I was given copies of police reports, medical reports and other discovery. From that information I was able to learn the order of events following the initial disclosure to Cherie in Phoenix, Arizona on December 31st, 2002.

On December 31st, 2002 approximately 6 hours after I was removed from the Horner residence, Cherie placed a telephone call from her mother's home to Gilbert Anderson on the Michigan Family Independence Agency (FIA) at 4:56 p.m. The telephone bill indicates an initial connect time of one minute. Mr. Anderson has testified he called Cherie back and spoke to her about 10-20 minutes.

The evening of December 31st, 2002 Cherie, some of the children, Sandy (sister) and Linda (friend) went to a local New Years Eve party. During the remaining time Cherie, Linda, Sandy and the children are in Phoenix, no one took the children to be medically examined or reported any allegations to local Phoenix Police. Incidentally, Harold Horner, Cherie's stepfather is a security guard for the Arizona Department of Public Safety.

On January 1st, 2003 Cherie, Linda, Sandy and all the children leave Arizona and begin driving to the home in Rapid River, Michigan.

On January 4th, 2003 at approximately 4:30 a.m. Cherie arrives to the Michigan home. Once in the home she calls my cell phone to ask where I was. I informed her I was in the apartment in Kaukauna, which my cell phone record reflects.

The afternoon of January 4th, 2003 Cherie, Jasmin, Elsie, and Amanda go to the Michigan State Police Post in Gladstone, Michigan and are interviewed by Trooper George Sailer and a Michigan FIA caseworker named Tammy Goudreau. None of these interviews are recorded.

On January 5th, 2003 Cherie attends church with the children then everyone goes out for dinner. Following dinner, apparently she finally decides to have medical examinations done for Allison, Elsie, Jasmin and Amanda at a local hospital, O.S.F. St. Francis, in Escanaba, Michigan. Each examination indicates, �no trauma noted�. During the 3rd trial here in Phoenix, Cherie acknowledged she never asked the examining physician the results of the children's evaluations.

On January 31st, 2003 Amanda, Elsie, Allison, and Jasmin receive their 2nd genital examinations at Wisconsin Children's Hospital in Milwaukee, Wisconsin. Although Kaukauna, Wisconsin police knew of the abuse allegations being alleged in Wisconsin on January 4th, 2003 and Cherie and Jasmin giving written statements to Kaukauna police on January 8th, 2003, no one can give a reason why there was a delay of more than 3 weeks to get these examinations. Although the medical reports are more descriptive than the medical reports created on January 5th, 2003 the end results are consistent. No trauma to vaginal or anal area of Amanda, Elsie, Allison, or Jasmin.

On February 1st, 2003 Trooper George Sailer met with Cherie to take possession of a videotape found in the Michigan home. Jasmin had claimed to police I would video tape us having sexual intercourse. The videotape simply contained footage of our Christmas vacation in 2001.

On February 4th, 2003 Trooper George Sailer retrieved a Gateway computer from the Michigan home. This is the computer which had a web camera attached. This computer is eventually analyzed for the images Jasmin claimed were taken depicting her and I engaging in intercourse. Through computer forensics, images deleted two years prior were recovered. No images of myself or Jasmin engaging in intercourse were recovered.

On February 6th, 2003 Detective Terrance Saunders conducted an interview with Kayla Lilly, a friend of Jasmin's. On one occasion Kayla, Jasmin and myself were surfing the Internet together and the girls wanted to chat on-line using the web camera. Jasmin previously described to police how I would have the girls �flash� boys on the web camera. Kayla in her written statement acknowledges I never told anyone to expose themselves and that I touched neither of them inappropriately.

On February 7th, 2003 Trooper George Sailer interviewed Jesse. Jesse informed Trooper Sailer the snowplow truck break line, was in fact broken. The tubing recovered from inside my suburban was intended to patch a break line, as I had informed the police during my interview. Jesse also acknowledged our gas cans had missing spill covers and I would use a plastic bag to prevent spillage. The same reason I told police I had purchased the new gas can in my interview.

On February 24th, 2003 the Delta County, Michigan Prosecutor's Office filed seventeen counts of criminal sexual conduct against me.

On March 20th, 2003 Jasmin is again interviewed by Trooper George Sailer. This interview was not recorded either.

On June 24th, 2003 my Michigan preliminary hearing was held in 94th District Court. Fifteen counts of sexual conduct were bound over for trial with the alleged victims being Amanda, Elsie, Allison and Jasmin.

Also on June 24th, 2003 Detective Terrance Saunders interviews Sandy, Cherie's sister.

On November 7th, 2003 Detective Terrance Saunders interviews Harold Horner by telephone.

On December 15th, 2003 Nancy Horner mailed a copy of her phone bill from December 2002 to the Michigan State Police.

On December 23rd, 2003 Detective Terrance Saunders interviewed Cheri, a woman I had met on-line and had been having an extra marital affair with.

On December 29th, 2003 Detective Terrance Saunders received a list of videos from two video rental stores I would frequent. Amanda, in her original interview alleged she had sex with me in return for a movie entitled �Casper the Friendly Ghost�, purchased at a �Dollar Store�. After retrieving the video listing from the video store, there was a movie entitled �Casper Meets Wendy� that was listed as a free rental. Interesting enough, when Amanda testified in my first trial about eight days later, her testimony changed to �Casper Meets Wendy�, a video from �Family Video�. When asked why she changed her story, she acknowledged she had just heard �Beth� (the Prosecutor) talk about it.

On January 5th, 2004 my first Michigan trial began. After two weeks of testimony and three days of deliberation the jury was unable to reach a verdict and a mistrial was declared.

On June 14th, 2004 a new trial was held but moved to Menominee County due to trial publicity in the media.

On June 24th, 2004 the verdict of �not guilty� was reached on all counts.

After the �not guilty� verdicts are read and the jury is excused, I am handed an arrest warrant for Wisconsin. I was then transferred to the Outagamie County Jail.

On October 19th, 2004 I had my preliminary hearing regarding the allegations alleged in my Kaukauna apartment. I was bound over on three (3) counts of sexual assault involving Amanda, Elsie, and Jasmin.

Because of the two trials in Michigan my financial resources were completely gone. I was required to rely on a court appointed attorney. I was vehemently requesting to go to trial but the attorney was making no forward progress for trial preparation. Beginning approximately two months before trial, several plea offers were made through my court appointed attorney. The last offer was, I could enter an �Alford� plea for time served and seventeen (17) months of extended supervision. I initially rejected the offer. Then my court appointed attorney filed a motion to withdraw as counsel just prior to trial. Rather than begin with a new attorney I agreed to accept the plea offer to get out of jail and get on with my life. I would be a registered sex offender, but being self employed I felt I could still manage.

On May 31st, 2005 I was sentenced to time served and the seventeen (17) months of extended supervision. An agreement stipulated with the plea offer was Arizona would not receive referral of the charges. At this point, neither the Michigan State Police, the Kaukauna Police, or anyone else had informed any Arizona authority there were allegations said to have occurred in Phoenix, so on May 31st, 2005 I was released from the Outagamie County Jail to begin rebuilding my life, or so I thought.

Upon being released from the Outagmie County Jail, an attorney and I contacted the Kaukauna City Police Department with a 3-way telephone call in an attempt to retrieve my property that was taken during the investigation. The attorney and I were informed the property was about to be released to Cherie. We were then instructed to call back again at a later time.

On June 14th, 2005 Officer Nejedlo contacted the Phoenix, Arizona City Police and requested an investigation to be started by their police department regarding the Arizona allegations that were made at the beginning of the investigation 2 � years prior.

On July 25th, 2005 I was indicted by a Grand Jury in Maricopa County Arizona on eleven (11) counts of sexual conduct with a minor involving Amanda, Elsie, and Jasmin, said to have occurred between December 21st, 2002 and December 31st, 2002 while we were on vacation.

On July 26th, 2005 I was again arrested at my apartment in Appleton, Wisconsin and taken to the Outagamie County Jail for the Arizona arrest warrant.

On August 11th, 2005 I bonded out of the Outagamie County Jail for $17,000.00

On October 22nd, 2005 I voluntarily waived extradition to Arizona and waited in the Outagamie County Jail to be transported to Maricopa County Jail.

On October 23rd, 2005 two Phoenix police officers arrived at the Outagamie County Jail and I was flown to Phoenix and booked into the Maricopa County Jail system that evening.

From October 23rd, 2005 until October 30th, 2006 I had three different public defense attorneys from the Maricopa County Public Defenders Office assigned to my case. After three months the first attorney, Paul Klapper, filed the first case motion, a �Motion to Designate a Complex Case�, which is nothing more than a defendant waiving his right to a speedy trial. That was my first mistake. However, it would be impossible to get the Michigan 2nd trial transcripts before my first scheduled trial date of March of 2006. So I had no option other than waiving time.

In April 2006 Mr. Klapper left the public defenders office. My new assigned attorney became Ms. Barbara Hull.

In August 2006 Ms. Hull left the public defenders office. My new assigned attorney became Ms. Vonda Wilkins.

By October 2006 the public defenders office still had not acquired a full set of trial transcripts from Michigan, had not approved funding for any expert witnesses, and I watched two additional trial dates become history. In addition, Ms. Wilkins had never previously tried a sex case and I was completely disgusted and filed an oral request to proceed Pro Per (self representation).

On October 30th, 2006 I waived counsel and began receiving discovery. Through that discovery I became aware of the following four (4) dates:

1. On July 1st, 2005 Cherie was telephonically interviewed by Phoenix Police Detective Kath VanGordon. During his phone call Cherie states there are two accusers regarding the camper in Phoenix, Arizona. These two are Amanda and Elsie.
2. On July 6th, 2005 Detective Kathy VanGordon and Detective Claudia Piano interview Harold and Nancy Horner in Phoenix, Arizona.
3. On July 18th, 2005 Detectives VanGordon and Piano travel to Michigan to interview Sandy, Jasmin, Allison, Elsie, Donald, Ryan, Amanda, Alex, and Michelle. During this interview Jasmin additionally begins making claims of intercourse occurring in the camper. During these interviews Amanda, Elsie, and Jasmin each state there are other individuals in the camper sitting near by and on the same bed while we would have intercourse. During the interviews of the remaining children each acknowledge they never heard, seen or suspected any inappropriate behavior.
4. On July 19th, 2005 Detectives VanGordon and Piano interview Cherie and Jesse. During Jesse's interview he actually laughs at the detectives and acknowledges the camper is �jam packed with people�.

On December 18th, 2006 I filed a motion to overturn my Wisconsin conviction, the Alford Plea I had accepted regarding Jasmine.

On March 15th, 2007 the Wisconsin conviction in which I accepted an Alford Plea regarding Jasmin is withdrawn and vacated �for lack of an adequate factual basis�.

Once I began to act as my own attorney there were numerous motions filed by the state and myself. I won't list each one, but I will describe the more significant ones.

Defendant's Motion for Jury View I filed a motion to allow the jury to tour the pop up camper where the alleged abuse occurred. Because the alleged abuse occurred in such a small area with others present I wanted the jury to see just how small the camper was. The motion was denied and I was instructed by Judge Lee that pictures would be adequate.

Defendant's Motion in Limine to Introduce Prior Complainant's Sexual History I filed a motion to allow the jury to know each accuser had previously been sexually abused by someone else. I won the ability to inform the jury limited abuse alleged by Amanda and Jasmin, but only against their individual biological father. One type of abuse alleged against myself by Amanda involved the act of urination. Amanda had made the same type of allegations against her biological father. Jasmin alleged her biological father made her engage in oral, vaginal, and anal sex. The same allegations Jasmin alleged against myself. Although Elsie had previously reported to police her biological mother's boyfriend tried to touch her vagina, I could not inform the jury about that incident, or that her biological grandmother had found blood on Elsie's bed sheets. The medical reports, psychological reports, and police reports involving Amanda and Jasmin prior to being adopted were precluded as evidence. Their individual medical reports contain no physical evidence of ever being sexually penetrated. Amanda's psychological reports indicated her ability to blame others when she was in trouble. She had been observed biting herself then blaming the bite marks on her brothers. Jasmin had police reports prior to adoption of exposing her breast to neighbor boys and telling people she was having sex with a neighbor. From the police investigation, the 18-year-old neighbor denied he was Jasmin's boyfriend and no charges were filed.

Defendant's Motion to Admit Michigan Acquittal as Evidence I also filed a motion to admit the acquittal document from my Michigan trial. This motion was denied. The State had filed a motion to introduce �other bad act� evidence under Arizona Rule of Evidence 404(c). The State sought to introduce the allegations said to have occurred in Michigan and Wisconsin involving Amanda, Elsie, and Jasmin. In such evidence, Rule 404(c) specifically states: �In such a case, evidence to rebut the proof of other crimes, wrongs, or acts, or an inference therefrom, may also be admitted�. The other acts were admitted, but I could not rebut them to the fullest extent. I was limited to denying they ever occurred.

Defendant's Motion to Preclude Adult Images and Text Relating to Urination I attempted to preclude specific images and text recovered from my laptop. From my time line you will notice I was with someone named Brenda the night of January 4th, 2003. All the images and text, which were recovered from my laptop, were dated January 4th, 2003 in the evening. The images and text were never actually �saved� to the hard drive, they were only cached to a temporary Internet directory. During the forensic analysis, 23 thumbnail images and a website of adult females urinating were recovered from the temporary cache directory. Although there is chat dialog between Cherie and Brenda in my police report wherein Brenda admits to killing my laptop battery looking at dirty web sites, this evidence which Judge Lee acknowledges was highly prejudicial against me, was admitted. The state wasn't required to prove it was me who downloaded the images, just that they were recovered from my computer. I lost this motion.

Defendant's Motion to Preclude Evidence Collected by Officer Brett Gerrits When I was initially arrested in Wisconsin, Officer Brett Gerrits was the primary evidence technician. In April of 2007 Officer Gerrits had assault charges filed against him. I immediately requested the state to provide copies of Officer Gerrits police report as potential Brady material. The State failed to do so. Instead, the State removed Officer Gerrits as a witness and added Officer Bob Momberg. Officer Momberg simply assisted Officer Gerits, and Officer Momberg did not collect a majority of the physical evidence, or conduct the primary search for potential evidence. The majority of items collected from my suburban and Kaukauna apartment were inventoried by Officer Gerrits. Additionally in my two prior trials it was Officer Gerrits who testified �I collected...�. Judge Lee ruled because Officer Momberg was present he could testify as to what was collected. I lost this motion.

Defendant's Motion to Preclude Evidence of Flight I also filed a motion to preclude evidence regarding my �packed truck�, from January 5, 2003. It should have been ruled irrelevant evidence. My time line shows that in 2005 I had opportunity to flee even after I was indicted for the Arizona charges. I actually won this motion for a total of approximately two minutes. When I informed Judge Lee that in precluding the evidence of flight he also had to reverse his decision on the evidence of the urination images and evidence collected by Officer Gerrits. The reason being, the computer and property were all taken out of my suburban. After a two-minute break in his chambers, he returned and reversed his decision. It was all coming back in.

Defendant's Motion to Preclude Officer Bob Momberg Because the State could not bring in Officer Gerrits, the State was forced to add Officer Momberg to their list of witnesses just prior to trial, as the individual to identify the evidence collected. Officer Momberg never wrote a single page in a police report regarding this investigation. Because of the State's attempt to back door the evidence; I tried to preclude Officer Momberg due to his late addition to the State's witness list. The State was given 1 week to allow me to interview Officer Momberg, or he could be precluded. The interview was immediately scheduled. When asked specific questions during his interview, �where was this recovered...where was that recovered', each answer was met with �I don't recall�. But Judge Lee still allowed him to testify for the trial. All Officer Momberg had to acknowledge was �this item was removed from the suburban� or similar. I lost this motion also.

The State then filed additional motions to hinder my defense, which Judge Lee was very quick to grant. Some of those motions were:

• State's Motion in Limine to Preclude Testimony Relating to Defendant's Criminal History and Status of Michigan and/or Wisconsin Cases Because the State did not want the jury to know I had won my trial in Michigan and had my Wisconsin �Alford� plea vacated, they filed this motion. Basically, they did not want the jury to know my lack of a felony conviction. By knowing I had no criminal history, the jury could surmise I won the cases in Michigan and Wisconsin. I do have a misdemeanor of larceny on my record. I stole a pick up truck load of gravel in 2000 from my neighbor's gravel pit while building my home in Rapid River, Michigan. I pled guilty and paid a fine. By the State filing this motion it should have precluded the jury from learning about the gravel theft. However, the prosecutor, Ms. Rachel Phipps-Yonas could not ignore a free opportunity to attack my credibility during trial. During cross-examination of defense witness Sue Asplund, a Family Independence Agency Case Worker, Ms. Phipps-Yonas asks: �Didn't you also investigate Mr. Karban for stealing gravel�? During trial I moved for a mistrial, but Judge Lee denied my request.
• State's Motion in Limine to Preclude Testimony Relating to Phoenix Police Departments' Failure to Conduct a Proper Investigation The State filed and won the ability to preclude testimony as to why I was never interviewed, or asked to be interviewed by the Phoenix police. The State won the motion because after I was interviewed in Wisconsin by Kaukauna Police and Michigan State Police I �lawyered-up�. Even though I was free in 2005 and rearrested for a case in Arizona, I guess I never had to have my Miranda Rights re-read to me because I was never questioned by Phoenix Police. So if you are still confused, I never had my Miranda rights read to me for the Arizona case, and it was not required because I was never questioned by Phoenix police, yet I sat in the Maricopa County Jail for 2 � years waiting for a trial.
• State's Motion in Limine to Preclude Introduction of Defendant's Exculpatory Statements The State filed and won the motion to prevent the jury from hearing I denied the allegations I ever sexually abused the girls. I denied touching Amanda sexually when confronted by Linda when first informed of what �messing with the girls� meant. I denied to Kaukauna and Michigan State Police I ever abused the girls. But the jury could never be told of my vehement denials. Still think Justice is fair?
• State's Motion in Limine This was a general motion to �white wash� the children and Cherie's character. It prevented the jury from knowing Jasmin would watch pornography on her own, Jasmin fooling around with �adult� lotion, and other children having inappropriate sexual contact. It also prevented the jury from learning Jasmin would consume alcohol on her own. It also prevented the jury from learning of Cherie's discipline techniques with the children. I wonder why the State didn't want the jury to know about Cherie's controlling demeanor? This case is a perfect example of taking the credibility of questionable witnesses and making them into angels, while preventing the accused from a fair trial.