May 8th, 2008:
Jasmin Wielinski, nee Karban, was called to testify by the state.
During testimony for the state, Jasmin described my penis as circumcised.
Specifically Jasmin's words were “the fat part cut off”.
Unfortunately, Jasmin was wrong.
During my cross examination of Jasmin I again had her re describe my penis, to which she maintained I was circumcised.
When I was finished with cross examination, the prosecutor, Ms. Phipps-Yonas, produced a previously undisclosed photograph of both a circumcised and an uncircumcised penis for Jasmin to view.
Knowing that Jasmin had been wrong, someone corrected her “mistake” and suddenly during redirect examination, Jasmin knew I was not circumcised.
But the Honorable Judge Lee would not let me recross examine Jasmin as to why her testimony changed.
The in depth description of this incident is contained in my Petition for Special Action Re: Defendant Karban's Motion for New Trial.
May 13th, 2008:
Detective Claudia Piano of the Phoenix, Arizona City Police is called to testify for the state.
Detective Piano assisted Detective VanGordon in conducting interviews for the Phoenix Police Department portion of the investigation.
May 15th, 2008:
John Nejedlo and Robert Momberg were called to testify by the state.
John Nejedlo was an officer with the Kaukauna, Wisconsin City Police Department.
Robert Momberg, at trial time was still an officer in the Kaukauna, Wisconsin City Police Department.
Both testified there was no physical evidence found by their department to confirm I had sexually abused any child.
May 19th, 2008:
Amanda Queen, nee Karban was called by the state.
During Amanda's testimony she claimed white, yellow, clear and green “baby oil” would come out of my penis during sex.
When I questioned her in depth, she testified these colors would all come out at the same time, on the same occasion.
May 20th, 2008:
After Amanda was finished giving her testimony, the state called Doctor Judy Guinn to give testimony.
Doctor Guinn was the physician who examined Jasmin on January 31st, 2003.
It was during the testimony of Doctor Guinn I first learned the colposcope images of Jasmin, Amanda, and Elsie were kept by the Children's Hospital of Wisconsin.
I had gone through two prior trials in which Doctor Guinn had testified, but never knew the images were stored.
No where in the reports generated by the hospital does it indicate those images are in fact retained.
When I addressed the failure of the state to disclose this potentially exculpatory evidence, Judge Lee ruled that because the images were not being used against me the state was not obligated to disclose those images.
May 21st, 2008:
The state called witnesses Detective Kathy VanGordon of the Phoenix, Arizona City Police Department and Detective Daniel Bennington of the Green Bay, Wisconsin City Police Department.
Detective Van was the “case agent” or lead detective conducting the Phoenix Police Department portion of the investigation.
Detective Bennington did the computer forensic analysis of my person laptop computer.
Lori Johnston was also sworn in and telephonically testified as a defense witness.
Her testimony consisted of discussing the acoustics of the house in Rapid River, Michigan and the verifying the fact that sound travelled thoughout the Rapid River home through the use of the ventilation system.
May 22, 2008:
Gilbert Anderson, Kathy Gracyalny, Amber Kangas, Cindy Stockwill, Roger Weid, David Berg II, and Lionel Wolfe all testified telephonically for the trial.
Gilbert Anderson of the Michigan Family Independence Agency was the first person of authority Cherie contacted regarding the allegations of abuse.
Mr. Anderson testified he was not made aware of any allegations involving Arizona.
Kathy Gracyalny testified to when I began employment in Wisconsin.
Amber Kangas, a former foster child living in our home, testified regarding my behavior around Amanda.
Cindy Stockwill testified to when our new home in Michigan was constructed.
Roger Weid testified to my employment whereabouts following the vacation when the abuse allegations were made.
David Berg II testified to the condition of existing gas cans in the Rapid River home.
Lionel Wolfe, a counselor who provided in home counseling for several of the children in the Rapid River home testified to his observations during his visits.
May 27th, 2008:
The defense called Michigan State Police Troopers George Sailer, Trooper John Belonga, and Allison Karban to testify.
Trooper Sailer assisted in the Michigan portion of the original investigation.
Trooper Sailer acknowledged none of his interviews were ever recorded.
Trooper Sailer also testified that when conducting an interview his note taking would be more accurate than if he recorded the actual interview.
Trooper Belonga was the individual who searched my Michigan office building searching for Polaroid photographs described by Jasmin said to contain
images of her posing nude.
Allison Karban was called to testify as to her observations involving the remaining children and myself in the camper while in Arizona.
May 28th, 2008:
The defense called Jennifer Patchin and Michigan State Police Detective Richard Cruz to testify.
Jennifer Patchin, a forensic scientist employed by the Michigan State Police conducted testing on Amanda's DNA rape test and forensic testing on bedding, clothing, and an electric razor seized by the Michigan State Police.
Ms. Patchin acknowledged nothing was found to corroborate anyone had been sexually abused.
Detective Richard Cruz forensically analyzed the computers seized from my Michigan home.
Jasmin who claims images depicting she and I engaging in intercourse were said to have been manufactured using a web camera were searched for.
Detective Cruz was able to undelete images and data nearly 2 ˝ years old.
However, no pornographic images as described by Jasmin were recovered.
May 29th, 2008:
The defense called Jolean Underwood, Michigan State Police Detective Milton Poupard, Heidi Berg, David Berg I, and Yolanda Berg to testify.
Jolean Underwood, Jasmin's biological mother gave testimony as to why she lost custody of Jasmin and Jesse.
Detective Poupard apparently secured my on-line e-mail accounts to check for email evidence I may have been sending/receiving inappropriate email.
He testified nothing improper was recovered.
Heidi Berg, a former employee (and niece) testified to working in the Michigan Office and never seeing any Polaroid pictures of Jasmin posing naked.
David Berg I testified regarding the time period I began working in Wisconsin, and my resignation regarding my leadership in the local church we attended.
Yolanda Berg gave testimony regarding family background and the requirement to acquire and verify numerous exhibits introduced during trial.
June 2nd, 2008:
The defense called Nancy Horner, Linda Knight, Kathy Aos and Doctor William LeMire III to testify.
Nancy Horner testified regarding personal observations of my conduct with the children.
Nancy had previously been interviewed by the Phoenix Police and during her interview stated she would discuss the sex life Cherie and I had, and also conversation Cherie and Ms. Horner had about my unfaithfulness.
However, once on the witness stand Ms. Horner changed her testimony to be contrary to her police statements.
The Honorable Judge Lee denied me the ability to play the actual recorded interview for Ms. Horner.
Linda Knight testified she was the adoption worker who placed Alex into our home.
Ms. Knight also testified as to her personal observations of my interaction with the children during her visits to the home to interview children and check on the welfare of Alex.
Kathy Aos testified to being in the Rapid River home as a social worker and that there was nothing ever done that caused her concern.
Doctor LeMire was the medical expert I chose to testify regarding the genital examination findings regarding Amanda, Elsie and Allison.
Based on his testimony, if the allegations being alleged were true, he would not expect normal physical findings.
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