8/14/2019 Defense attorney Donna Kuchler's affidavit

1/4

STATE OF WISCONSIN : CIRCUIT COURT : WALWORTH COLTNTYSTATE OF WISCONSIN,

DANIEL WHITE,

Plaintiff,

Defendant.

Case No. l2-CF-447

cltcu?counTAFFIDAVIT NOVG52OI3Clcrk Of Courh, Walworfi &,Lori Schiemann; Oeputy Clerktate of Wisconsin )

)ss.County of Waukesha )Donna J. Kuchier, attorney for the ciefenciant, cio hereby swear and affirm the foiiowing as

true:1) I served as counsel for the Defendant, Daniel White, at his prior trial.2) The trial took place from September 9th through the 13th, 2013 before the Hon. Judge

Reddy.3) During the trial members of the Walworth County Sherifls Department engaged in

activities I believe were calculated intimidate members of the jury as well as witnesses.4) During the trial members of the Walworth County Sheriff s Department maintained a

constant presence in the court room or in the hallway, insuring that 10 or more uniformeddeputies were in the gallery or hallway at all times.

5) Between recesses, when the attomeys were filing through, and while the jurors werebeing escorted from their sequestered area, the deputies made a point of occupying thecorridors and forcing the jurors and myself to pass in between them.

8/14/2019 Defense attorney Donna Kuchler's affidavit

2/4

6) The expressions on the deputy's faces as directed to me were grim and intimidating.7) On the first day of the trial I noticed a person I recognized to be Erika Alvaro.8) Ms. Alvaro was known to me as a person alleged to have been involved in an extra-

marital relationship with my client, Mr. White.9) I could think of no reason why Ms. Alvaro would be present in the case in the courtroom.10) Ms. Alvaro's name did not appear on any witness list and she did not attempt to comply

with the Court's sequestration order for witnesses.1 1) I sought to investigate why she was present and found out that her attorney, Atty.

Flitcroft, had instructed her that her presence was demanded by the Walworth CountyDistrict Attorney's Office.

l2)Ihave no evidence that she was subpoenaed and she denied having been subpoenaedwhen asked by myself and my investigator.

13) My investigation led me to confirm that Atty. Flitcroft was indeed representing Ms.Alvaro in an unrelated matter and that District Attomey Necci was prosecuting thosecharges. I also confirmed that the Walworth County District Attorney's office hadrequested Ms. Alvaro's presence throughout the trial.

14) My impression from speaking to Atty. Flitcroft was that Ms. Alvaro, by attending thetrial which she had no participation in, would earn some degree of leniency from theWalworth County District Attomey's office in her pending criminal cases.

l5) On September 13,2013, while the jury was deliberating, I happened to look outside andsee the Walworth County Canine Unit being lead down a line of cars which included myown personal vehicle.

8/14/2019 Defense attorney Donna Kuchler's affidavit

3/4

16) When the Deputy and his canine unit reached my personal vehicle the Deputy led his dogaround my vehicle several times in a manner which appeared to be investigative innature.

17) The canine officer did not lead the canine unit around any of the vehicles in that row afterI initially observed him.

18) My car was parked towards the middle of the row and there were other vehicles around it,none of which got the scrutiny that mine did.

19) After circling my vehicle, and without leading the canine down the remainder of the row,the Deputy lead his canine directly towards the vehicle belonging to my client, Mr.White, and his wife.

20) The Deputy led the canine unit specifically around Mr. White's vehicle several times, atwhich point I exited the court house with the intention of questioning the Deputy.

27)The Deputy did not continue his investigation after I exited the court room, and after hehad apparently concluded a search of my client's vehicle. Instead, the Deputy got in tohis vehicle and left without me having the opportunity to question him about what causedsuch tactics to be used against myself and my client.

22)Ihave submitted a request for any dispatch records and logs that may relate to thisincident but, so far, my request has gone unanswered. Said request was mailed onSeptember 11,2013.

23) I believe it is highly unlikely that the Deputy had a valid investigative reason forsubjecting my vehicle to this search.

24)Ibelieve that the intention of this search was to intimidate me, my client, his wife, anywitnesses thatmay have been present, and even any juror that happened to see it.

8/14/2019 Defense attorney Donna Kuchler's affidavit

4/4

25) I believe that Walworth County law enforcement, in conjunction with the DistrictAttomey's office, engaged in a pattern of intimidation that was likely to, and did in fact,intimidate jurors, myself, and potential witnesses.

26) I further believe that this behavior was intended to circumvent the fairness of Mr. White'strial and make a mistrial or conviction more likelv.

Subscribed and sworn to before methis Jf day of October, 2013.*OLil**UN ta.y P blt.: St t of WisconsinMy commission expires -7 't2 - i 5-Donna J. Kuchler