Initial appearance held for State of Wisconsin versus Kevin Elberg case

An initial appearance was held Monday in Pepin County Court for the State of Wisconsin versus Kevin J. Elberg.
Judge James Duvall was helped by an interpreter, Ms. Yang. Elberg was represented by Lars Loberg, with District Attorney Jon Seifert appearing on behalf of the State.
Duvall stated the purpose of the hearing was to tell the defendent the charges against him, to state his rights, and advise him of the maximum penalties.
Elberg is charged with two felony counts, the first being that on November 5 he caused great bodily harm to Sao Lue Vang, done by actions with the intent to cause bodily harm to a person, which holds a maximum penalty of $10,000 or imprisonment up to six years, or both.
Count two states Elberg intentionally restrained Sao Lue Vang without his consent and with the knowledge that he had no lawful authority to do so, which holds a maximum penalty of $10,000 or up to six years imprisonment, or both.
Seifert stated that due to Elberg having no criminal record, being represented by counsel, and appearing as summoned, the State does not believe a cash bond is necessary, and recommends a signature bond of $5,000. The defense held no objection.
Seifert also stated the State recommends no contact with Sao Lue Vang or his immediate family.
Judge Duvall suggested adding no consumption or possession of alcohol, no entrance into any bar or tavern, and no possession of a firearm.
Duvall explained to the packed courtroom that a person is innocent until proven guilty in this country, and a person is entitled to be released on bond unless there is a concern the person will not appear at future hearings, or that during the release the person will pose a danger to the public.
Duvall said Elberg has been a local gentleman for many years, if not all his life, and has substantial contacts in the area, as well as no criminal record.
Duvall stated he does feel Elberg will appear at future hearings if released, and will not be a danger to the public. Bond was set in the amount of $5,000, which may be posted by a signature, with the conditions of no contact with Sao Lue Vang or his immediate family, no possession or consumption of alcohol, no entrance into any bar or tavern, and no possession of a firearm. Violation of any of the conditions could cause the bond to be revoked and Elberg to be returned into custody. Violations may also constitute a separate charge of felony bail jumping.
The defense requested a preliminary hearing, and waived the right of a time limit for scheduling purposes.
Duvall proposed 2 p.m. on Monday, December 22, but the defense stated Loberg would be gone until Sunday, December 21, and would not have time to review the file which was submitted December 15. The defense stated it would be critical for the defendent and counsel to be fully prepared, and December 22 would not afford an adequate opportunity to be prepared, and asked for a date in January.
Duvall proposed 9 a.m. on December 23, but the defense said with respect to the Judge's statement about the law office having three attorneys, Mr. Elberg had hired one attorney, not three, and he will be represented by Lars Loberg through his case.
Duvall said he wants the case to be handled with complete transparency, and doesn't want anyone on either side to feel otherwise. He stated Elberg has the right to have a hearing within 20 days, and it is a public hearing where everyone can see the evidence presented. Duvall also said Sao Lue Vang has the right to have the case handled in a timely manner.
Duvall stated he would try to respect both parties' rights to adequately prepare for the preliminary hearing, and will try to accomodate all affects.
Duvall proposed Tuesday, January 13, at 9 a.m., which is slightly outside the 20-day time limit, but not too far.
Elberg waived his right to the time limit and agreed to the date.
Duvall said he believes the date satisfies both sides' rights, and showing a waiver of time limit, the preliminary hearing was scheduled for Tuesday, January 13, 2015, at 9 a.m.
Duvall thanked everyone for coming, and wished everyone a good holiday.

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