PHOTO: Brown County Jail
GREEN BAY, WI (WTAQ-WLUK) — Two samples of materials seized from the home of the drug author known as Uncle Fester did not test positive for methamphetamines, his lawyer said Friday — despite the charges filed and statements by authorities. But a judge held off Friday on a decision on a defense motion to dismiss two of the charges filed against Stephen Preisler.
Meanwhile, Preisler tried to enter into a plea deal Friday to resolve some of the charges against him, but due to a disagreement in what the offer actually entailed, it didn’t happen.
Preisler, 66, gained renown for his books on how to make ricin, methamphetamine and other drugs. Last year, he was charged with multiple drug manufacturing and delivery counts after items were seized from his Baird Street home. Since then, additional charges, including drug possession and bail jumping, have been added. He is scheduled to stand trial March 11.
In court Friday, defense attorney Eric Maciolek argued that since the test results from the state crime lab and a private lab showed that certain samples of items seized were not controlled substances, the criminal complaint was inaccurate, and two of the charges related to methamphetamines should have been dropped months ago.
Assistant District Attorney Aaron Linssen contended it’s an issue the jury should decide, given the totality of the circumstances, so the charges should not be dropped. The complaint relied on the best information available at that time, and there’s still enough information overall to support the preliminary hearing standard that “a felony” was committed, he said.
The issue was raised as a challenge under a law which involves claims of criminal complaints which are misleading or intentionally omit information, although that case law may not be exactly on point, both attorneys and Judge John Zakowski said Friday.
“It’s whether or not, based on the new evidence, there’s probable cause to go forward on those counts,” Judge Zakowski said.
He did not rule on the motion Friday, but could at or before the Jan. 16 hearing.
The plea bargain confusion relates to bail jumping and THC possession charges filed in August.
Maciolek said Preisler was prepared to accept a plea deal Friday offered when Preisler waived his preliminary hearing in those two cases. But Linssen – who isn’t the primary attorney on the case for the state – said the offer was meant to be a “global offer”, encompassing the first two files and their ten drug charges.
Judge Zakowski said there was too much confusion to move forward with the plea deal. The issue will also be revisited Jan. 16.
The first criminal complaint alleged the amount of methamphetamines allegedly found in his home could last the average user anywhere from 328 days to over 3,000 days. Preisler has repeatedly disputed that the items seized were illegal substances. Additional drug and bail jumping charges were later added.
Preisler also faces a civil suit filed by the city of Green Bay, seeking to have his Baird Street home declared a public nuisance in order to be sold or razed. No hearings are currently scheduled in that case.
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