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April 26, 2005
Videotapes can be used in sex trial
Recordings allegedly back charges against officer
APPLETON — Allegedly incriminating tapes depicting sexual acts with one of two assault victims can be viewed at the trial of former Appleton police officer Gerald Polzin, a judge ruled Monday.
Polzin, 40, a former police-school liaison officer at Appleton East High School, is charged with 22 counts of sexual abuse for allegedly assaulting two boys, ages 15 and 16, one of whom was a student at East.
Outagamie County Circuit Judge Michael Gage ruled Monday that the tapes, which allegedly support 21 of the 22 charges, were admissible.
Polzin’s trial is set to begin May 11.
Polzin’s attorney, Robert LaBelle, said he still is waiting on another ruling from Gage on a companion motion.
“We are going to trial,” said LaBelle. “It (Monday’s ruling) is a huge benefit (to the prosecution) and I will have to deal with it.”
Special prosecutor Shawn Mutter said although she admits to “some discussions” with LaBelle on a plea agreement, she is prepared for trial.
“And the tapes will be shown,” she said.
At issue was the handover to police of a box and a duffel bag containing tapes and documents by Polzin’s brother, Rob, on Sept. 19.
Rob Polzin received the box earlier in the day from Gerald Polzin, who told him he wanted it destroyed. Instead, Rob Polzin viewed one of the tapes and contacted police.
LaBelle argued his client’s expectation of privacy was violated and Polzin’s brother was acting as a surrogate for police.
“There is no suggestion Rob was enlisted to work with the police as part of an investigation,” Mutter told the court.
The information developed from Polzin’s brother then was used as a basis for a search warrant targeting Polzin’s Appleton residence and his office at East. Police seized a computer and electronic videotaping equipment from his home.
Police also took samples from a carpet and sofa found in Polzin’s office.
LaBelle has challenged the sufficiency of the affidavit supporting that search warrant. Gage said he would rule on that issue in the next couple of days.
According to both LaBelle and Mutter, child pornography was found on the computer, although no charges of possession of child pornography have been issued against Polzin.
Mutter said the tapes will be key evidence in Polzin’s trial.
“There may be some issue as to the use of those by the press, but we are going to have to deal with that,” she said.
Gage also dispensed with a motion filed by LaBelle seeking a change of venue because of pre-trial publicity. He criticized LaBelle for the 11th-hour motion for change of venue, but said they would deal with the issue of pre-trial publicity in jury selection.
The charges against Polzin stem from alleged incidents involving two boys, ages 15 and 16.
The 15-year-old was a student at East between May and July 2004 when the alleged incidents took place. Of the 22 charges, 21 stem from the incidents with the student.
The assault against the 16-year-old allegedly took place in the summer of 1997, when he was a foster child in the Polzin home.
Posted by Nealus at April 26, 2005 12:04 PM
