MADISON, WI (WTAQ-WLUK) – Oral arguments will be held next week in Dennis Brantner’s challenge of his convictions on drug offenses.
Brantner is serving a 10-year prison term for the 1990 murder of Berit Beck. The drug charges stem from actions related to his arrest in the Beck case, but is unrelated to her murder.
Brantner was arrested in Kenosha in connection with the Beck case. Upon arrival at the Fond du Lac County jail, officers found 35 20mg oxycondone pills and two 5mg oxycondone pills. He did not have a prescription for either.
Brantner was charged and convicted of two counts – one for each size of pill. His appeal argues that the pills should be considered together and there be just one count. The Court of Appeals ruled the drugs would have required different prescriptions because of the different dosages. The state Supreme Court will decide if double-jeopardy protections apply to possessing pills of the same substance but of different sizes.
Also, he argues he should have charged in Kenosha County instead of Fond du Lac because that’s where he was taken into custody. The appeals court ruled he knew he was being taken to Fond du Lac, and could have disclosed his possession while in Kenosha County. Furthermore, he still had possession of the pills in Fond du Lac. The high court will decide if a trial in the county of destination violates the suspect’s rights.
The Wisconsin Supreme Court will hear arguments on the two issues at 9:45 a.m. on Oct. 3 in the courtroom at the Capitol. A decision will be issued several months after the hearing.
