Jesse Schultz (Wisconsin DOC)
FOND DU LAC, WI (WTAQ-WLUK) – A conviction for a 2017 murder in Fond du Lac was upheld Wednesday, with the appeals court affirming an order which prohibited in-person court hearings during the COVID-19 pandemic.
Jesse Schultz was sentenced to 32 years in prison for the Sept. 23, 2017, death of Logan Foster outside the Press Box Tavern. Devon Neuman was sentenced to life in prison in the case.
Schulz, 29, appealed, arguing his Miranda rights were violated. Also, he argued that – despite a Wisconsin Supreme Court order that in-person court hearings weren’t allowed due to COVID-19 – he should have been in the courtroom during a motion to suppress on July 13, 2020, instead of appearing by phone.
“Schultz argues that his physical presence was necessary in the courtroom for the fair adjudication of his motion to suppress. He contends that his ability to communicate effectively with his attorney was significantly compromised by the remote appearance. However, the record and Schultz’s own admissions in his appellant brief belie these claims. Schultz was permitted to communicate confidentially with his attorney when he asked to do so. The circuit court provided them a private channel through which to speak. Schultz does not offer any specific examples or arguments to demonstrate that his remote appearance hindered his defense or affected the outcome of the hearing. Schultz has not shown that the remote technology the court used was not adequate to address the motion to suppress in a manner consistent with the protection of Schultz’s constitutional rights. Therefore, we reject his argument that the court erred in requiring him to appear remotely for the hearing,” the court wrote.
His Miranda rights violation claim was also rejected.
“Based on the eighteen minute recording of the interview, which was played during the hearing, the court characterized the tone of the interview as not threatening or angry, and noted that the officers were not speaking loudly. Based on the court’s factual findings—which indicate a non- coercive environment and lack of physical restraint—and the legal standards in Howes and Bartelt, we conclude that the police questioning of Schultz on November 10 did not present the inherently coercive pressures that would necessitate Miranda warnings. As such, Schultz was not in custody for Miranda purposes during the November 10 interview, and the court properly denied his motion to suppress the evidence that was obtained based on the interview,” the ruling states.
Schultz is scheduled for release in 2053, state Dept. of Corrections records show. He is currently housed at the Wisconsin Secure Program Facility in Boscobel.
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