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Attorney Says State Has No Evidence to Support Charge Against Patt Colten

Multiple witnesses for the prosecution testified Friday that they know of no recordings of any conversations taking place in the court conference room on May 2.

 

The State of Wisconsin has no evidence to support its felony charges against a Hudson woman accused of unlawfully eavesdropping on a conversation during a civil case against her, an attorney for the woman claimed.

Patt A. Colten, 56, was formally charged last September with illegally intercepting wire or electric communication last May between River Falls city attorney Maxfield Neuhaus and two witnesses as the trio strategized in a conference room outside the courtroom in the St. Croix County Government Center

But Colten's defense attorney Andrew Nelson questioned the legitimacy of the charges after Friday's preliminary hearing. 

"This is a fantastic example of the amazing power of the government," Nelson told Patch. "They basically charged Ms. Colten with a felony and what we saw here today is that there is no evidence to support it."

While Nelson would not be the first defense attorney to dispute the guilt of his client, testimony from witnesses for the prosecution suggest he might have a legitimate claim.

St. Croix County Court clerk Kerry Feuerhelm told investigators she witnessed Colten leaning against the conference room door on May 2 and that the woman appeared to be attempting to listen to the conversation therein.

On Friday morning, however, Feuerhelm could not recall whether Colten was leaning against the door or simply standing next to it. She also testifed that she did not see Colten with a recording device or anything else in her hands at the time, and that she was not aware of any existing recording of the conversation. 

Feuerhelm is the court clerk for St. Croix County District Court Judge Edward Vlack—the judge presiding over Colten's civil case on the day in question.

The chief investigator in the case against Colten—Lt. Eric Atkinson of the Hudson Police Department—gave similar testimony when pressed by Nelson. 

Atkinson confirmed Hudson Police Department does not have an electronic copy of any conversation taking place in a conference room on May 2. He also testified that no search warrant of her property was ever executed and that Colten has repeatedly denied recording the conversation in the conference room.

"So, the only information you have is that (Patt Colten) was standing outside the conference room on May 2," Nelson asked during the hearing.

"Yes," Atkinson replied.  

Atkinson also told the court he relied on "witness statements alone" to compile information in the case and ultimately recommend felony charges against Colten. 

Despite testimony that seemed to shake the State's case against Colten, District Court Judge Scott Needham said he was "satisfied" with the evidence presented and elected to bring the matter to trial.

"The unfortunate reality is that a tie, so to say, goes to the State," Nelson told Patch. "Our next step in the process is to show she's not guilty of anything."

Needham scheduled Colten's arraignment for Feb. 7 at 9:45 a.m. 

Related Topics: Justice, Patt Colten, and St. Croix County District Court

Thurston Howell III ©

1:59 pm on Friday, January 20, 2012

Why is there a mugshot here? Someone must not believe in the concept of Innocent until PROVEN Guilty!

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Micheal Foley

2:04 pm on Friday, January 20, 2012

Everyone charged with a felony has their photo taken at the jail.

country boy

3:59 pm on Friday, January 20, 2012

TH 3 Agreed. This is the government process....mugshot, charged, post mug online..guilty or not? Stories not jiving or can't remember? What the hey? Sounds like the local law officials are not thorough enough in the investigative/collection of evidence process. Maybe a close MO to the NH cops? Just goes to show you when dealing with the locals PDs'...be careful of the slippery slope called law enforcement. Totally ridiculous IMO.

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Thurston Howell III ©

2:11 am on Saturday, January 21, 2012

Country Boy, It sure seems like there is some kind of vendetta going on here against Patt A. Colten. I haven't been able to follow all the details. But my understanding is that this stems from a simple property dispute and has escalated to a ridiculous level. I only recall a few "mug" shots posted here on the Patch. The only other one I can think of is that of an accused child molester. Even the accusation here isn't anywhere near that kind of offense. But now this woman will be branded as a criminal even if she is exonerated. Doesn't seem very fair does it?
I think where we disagree CB is that you want to say that all Govt. is bad because of incidents like this. I don't believe that's the case. A lot of people who work in the public sector work very hard and do their jobs well. I wish you'd consider that.

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ProudHudsonDemocrat

11:21 pm on Wednesday, January 25, 2012

Vendetta against Colten?!? It's Colten who seems to be the common denominator at the St. Croix County Courthouse. . .wcca.wicourts.gov:
PEOPLE COLTEN HAS SUED: LeAnne Woodland, Phillip Woodland, City of Hudson, Scott Moore, Theresa Spires, John Alger, Cheryl Csuti. PEOPLE WHO HAVE RECEIVED RESTRAINING ORDERS AGAINST COLTEN: Theresa Ann Speirs, Leanne Woodland, Carmen Jean Croonquist, Scott A. Moore, Rhonda Carlson, Steve Kenny.
I find it hard to sympathize with someone who finds herself in the courtroom over 12 different lawsuits in three years. Half the time she's suing people, the other half of the time people receive restraining orders against her. Again, hard not to see a common thread.

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Historian

8:17 pm on Wednesday, February 8, 2012

You are right on. The Police and media can ruin anyone they want to as long as they have someone or a group of "someones" willing make false complaints that they can "forget" to investigate before having them arrested. Your good at checking out the facts before you put them in print Thurston. How about doing a truth check on the Proud Hudson post. I did and found the information to be almost entirely false. There also is no evidence or letter from Colten saying "She recorded them". Just like there was no court house recording, other than the audio transcripts that are available to everyone who fills out a request for them as Colten did. The common thread in all of this was a small group of people who have been aided and supported in taking away Coltens property rights, as well as supporting each other in making false claims against her which the rest of them back up. The common thread that has cost the taxpayers allot of money was the choice to ignore Coltens Constitutional rights.

Thurston Howell III ©

2:18 am on Saturday, January 21, 2012

Country Boy, just read this story. A couple of witnesses SAID Colten committed a crime. And now she's being tried for this! "Totally ridiculous IMO" Again I agree.
If this is the way the law should work, I could accuse CB of stealing my Recall Walker sign, get a couple of my buddies to say it was Country Boy, and call the police. That's the analogy here. Pretty stupid. ( BTW, CB, I would NOT do that ! :-) )

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Micheal Foley

2:23 am on Saturday, January 21, 2012

I'm glad Jeff did this story. If our DA and law enforcement officials are operating in a questionable way, it ought to be reported.

mainstreet

9:33 am on Saturday, January 21, 2012

TH3 said "A couple of witnesses SAID Colten committed a crime." Heck - that'll get you arrested and thrown into a squad for a while in North Hudson!

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Jerry Weiss

10:11 am on Saturday, January 21, 2012

Wow, you people have a skewed view of how the criminal justice system works. I will reiterate the point that if only the crimes witnessed by law enforcement officials were the crimes people were charged with or prosecuted for, our world would be full of criminals running rampant. If someone witnesses a crime, they report it and law enforcement responds. This is such a simple notion, why don't you people get this?

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Mike Knox

1:06 pm on Saturday, January 21, 2012

Thank you B Dog. We all have a responsibility to help enforce our laws and do what is right. If the investigation was done poorly, that is one thing. However, to say that there should not have been an investigation is to condone the behavior.

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country boy

7:07 am on Sunday, January 22, 2012

TH3: I will re-address the govnmt comment=should have read: the "local" process was...
BD, Sounds like you are a expert on law enforcement issues...more like just your opinion...or are you working in the criminal justice system? Everyone is entitled to their opnion. I just don't agree with yours. So?
M, Who said anything about NOT performing an investigation? Read what was put out there for comment first. IMO!!

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Mike Knox

12:52 pm on Sunday, January 22, 2012

CB, Take your own advice and read what was out there.
My point was in reference to TH3's 2:18 am on Saturday, January 21, 2012 post, to which I can be more clear:
I believe that a citizen is obliged to report a possible crime and that the police should investigate it.

Jerry Weiss

7:39 am on Sunday, January 22, 2012

Country Boy, Do you think that the only crimes that should be investigated are crimes that members of the law enforcement community witness with their own eyes? You think that "local law enforcement" (whatever that means) are ill-equipped to investigate crimes? Every law enforcement agency is "local" to somewhere; why is Hudson or St. Croix County less competent than any other agency. Just put it in perspective. My point here is that if you witnessed a hit and run where a 10 year old child was was run down by a motorist, don't you think it's not only right, but is obligatory, for you to contact police and report the crime? I don't see why this case is any different. Someone witnessed something they thought was wrong, passed it on to law enforcement and they, intern, investigate. I have no ties to Colten or law enforcement at all, quite honestly, it seems that the evidence doesn't won't hold a candle and I think the case seems rediculous - I'm just saying that eyewitness reports to law enforcement are crucial to keeping criminals at bay.

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country boy

8:14 am on Sunday, January 22, 2012

BD, Wow, A little wound up this am? Who said anything about ill equipped? Or reporting suspicious activity? You have your opinion. No amount of your "points" will alter my opinion. Careful your soapbox is starting to wobble...lol!

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justiceseeker

1:15 pm on Sunday, January 22, 2012

When a Police Officer knows that his informate has given false information but continues to single out Colten and "try to find something" in order to pursue arrest, that is called malicious prosecution. In this case the complaintant said that Colten recorded her conversation and submitted this conversation on DVD with a letter. The records contained in 11CF292 ,show that Adkinson met with the complaintant on May 9. The records 10CV616 (open for public viewing) show that the HPD picked up the DVD's prior to May 9th and were aware that the phone complaint was false, but apparently decided to charge Colten anyway. The Crime here is the power of Law enforcement and the Courts to deprive an individual of there 14th amendment right to liberty.

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Jerry Weiss

7:00 pm on Sunday, January 22, 2012

CB, the maybe I took it out of context, but the "ill equipped" message was in response to "Sounds like the local law officials are not thorough enough...". Take it as ill-equipped, ill-trained, or whatever you want. You did make me laugh a little, no matter what the talking points, why can't you admit the merit in having citizens inform law enforcement officials of things they deem suspicious?

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justiceseeker

8:20 pm on Sunday, January 22, 2012

B Dog in this case the witness reported that the DVDS given to the Judge were of a recorded conversation of herself, her boyfriend, and what she referred to as their Attorney, Max Neuhaus. Colten told the judge she overheard the three of them because they were talking so loud all laughing and making plans to say the property was posted so they could get Colten convicted of criminal trespassing instead of a municipal charge for walking on a city right of way. Colten told the Judge the reason she appealed the case was to get a fair trial with a jury based on the same real evidence. She wanted some reassurance from the Judge that Neuhaus and his two witnesses were not going to be allowed to change the facts of the case in order to convict her for something she didn't do. Public records show that Adkinson had the DVDs from the court file and knew that the Complainant claims were false prior to his interview with the complainant. What should the law enforcement Officer have done if he was following the law? Also I agree that law enforcement should investigate claims of wrong doing by citizens, but if they investigate and find proof that the informant had knowingly lied to harm the person they have accused, what should they do about that? If Neuhaus and the witnesses are admitting that Coltens report of what she heard was correct, than why aren't they on trial. If they are denying that conversation took place, than there was no interception therefore no crime.

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MMD

9:23 am on Wednesday, January 25, 2012

Justice will be served ONLY when ALL of "players" in this fiasco are held accountable for their contribution (illegal and otherwise)! Patt Colten has been run through a financial and emotional thrasher! Truly, SHAME on you all and YOU know who YOU are. What do YOU see when YOU look in the mirror? Well, it matters not what you see. KARMA. None of us can escape the karma we create. Good and Bad.

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MMD

9:51 am on Wednesday, January 25, 2012

Reporting an "observation" is one thing, but if you make an "accusation" you oughta then be held accountable to back it up with FACTS. False accusations can destroy lives. If I, officially, accuse someone of doing something I know is not true, then I should face the legal consequences that should follow. That is just.

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ProudHudsonDemocrat

9:04 pm on Wednesday, January 25, 2012

Folks, remember that this is the same defendant the Patch first reported on in October. Colten sent a letter to the Judge stating: "I recorded them." As this author references through his link to Wisconsin statute, 968.31(1)(a) is one simple sentence that makes it illegal to secretly record someone else's private conversation.

Based on Colten's written admission sent to the Court, the Judge had to answer the question as to whether or not Colten probably broke the law. Well, goodness, what choice did she give the Judge?

I for one am glad that the law protects my private conversations from uninvited secret listeners.

Since that letter is now a public record, let me know if you want me to post it. Go Patch Go!

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Historian

8:48 pm on Wednesday, February 8, 2012

Dear Proud, Democratic people do not tell lies to harm others. There is nothing in the Court system that says "I recorded them". There was also no recording of anything at the court house listed on CCAP, as the "witness" falsely reported. " Well goodness" Do you know what a wiretap is? The detective said the only thing he has proof of was that Ms Colten was in a Public Hallway. Coltens letter clearly states that the DVDs are of Neuhaus and herself. WI is a one consent State. You shouldn't quote the law or WI statue when it is clear you either don't understand the law or you do understand it and have intentionally distorted the truth. You also shouldn't print a list of false facts, but that seems to be an acceptable practice in Hudson. A good way to earn brownie points, or was that brown nose points. Hmmmmm.

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ProudHudsonDemocrat

10:16 am on Thursday, February 9, 2012

Colten's letter - verbatim - to the Judge: "When I left the Court room, I could hear Mr. Neuhaus talking to Scott Moore and Theresa Spires. I WAS ABLE TO RECORD SOME OF IT but I need to find someone to help try to get the volume loud enough to make out what THEY were saying."

Stop insulting people's intelligence, Historian. We're better than that!

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