Published: Jan. 26, 2019
West Bend man accused of sexual assault wants evidence
suppressed from case
By Nicholas Dettmann
ndettmann@conleynet.com 262-306-5043
WEST BEND — Acquisition of evidence in the case
against a 46-year-old West Bend man accused of sexual assault is being
challenged by the defense.
James Heinemeier appeared at the Washington
County Courthouse on Friday for a motion hearing. He is charged with
seconddegree sexual assault of an intoxicated victim and thirddegree sexual
assault.
His attorney, Ryan Hetzel, filed a motion Dec.
20 to suppress evidence that was collected during law enforcement's
investigation of the case.
Heinemeier is accused of sexually assaulting an
18year-old woman at a September party in the town of Trenton.
In question is a sleeping bag and a blanket
that Heinemeier claims was taken without permission. Therefore, any DNA results
from those items shouldn't be considered in the case.
According to court documents, Heinemeier gave
permission for authorities to enter his home. But when he was asked if the
sleeping bag and blanket can be taken by authorities, he allegedly said no.
According to the motion filed with the court,
authorities then contacted Heinemeier's girlfriend to get permission, which was
also denied.
Heinemeier was then arrested and the evidence
was allegedly taken.
On Friday, the court ordered simultaneous
briefing of no more than five pages to be filed by Feb. 12 and additional
submissions filed by Feb. 19.
According to the criminal complaint, the victim
was at a home with several people, including Heinemeier, and alcohol was
consumed. The complaint says the party broke up with some going to one place
and others going to a residence. The victim says in the complaint she didn't
drink any alcohol.
At the residence, which included the victim and
the defendant, more alcohol was consumed, including
by the victim.
The complaint says the victim decided to stay
at the residence because of the amount of alcohol she drank. She woke up and
allegedly found Heinemeier naked and taking off her clothes.
At no time did the victim consent to sexual
intercourse, the complaint said.
When interviewed by authorities, Heinemeier
allegedly told police he didn't have intercourse with the victim, but had
blacked out. In the complaint, he allegedly told police if the victim recalled
what happened then it was likely true because she is an honest person.
He pleaded not guilty to the charges Dec. 18.
If convicted on the second-degree sexual assault charge, Heinemeier faces a $100,000
fine and/or up to 40 years imprisonment. If convicted on the third-degree
sexual assault charge, he faces a $25,000 fine and/or up to 10 years
imprisonment.
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