State Of Wisconsin v. Denton

768 N.W.2d 250 (Wis. App. 2009)

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Nature of the Case

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Facts

Judy Giovannoni was jogging when a car pulled off the road. A male exited the car and began running towards her saying something that she could not understand. Giovannoni then turned around and began running away when a second man got out of the car and yelled words at her to the effect of 'Get on the ground I have a fucking gun.' Giovannoni ran out on to the highway and a second vehicle stopped and let her enter the vehicle. They then turned around and followed the first vehicle. The driver of the second vehicle, Dennis Hohisel, called 911. They found the first vehicle in a ditch. Denton and Dahl (Ds) were the two males. Hohisel testified that he was Judy frantically waving him down to stop and the two men. When driving away, he observed a male with what looked like a handgun. Hohisel's passenger, Leah Biever, also stated that she observed this individual with what appeared to be a handgun in his hand. Detective Clapper testified that the police were unable to find a gun. Ds were found panhandling for money, and they were arrested without incident. P called Officer Ambach as a witness. The Officer had no direct knowledge of anything about the crime but was called to present a computer animation of the crime scene. Ds objected. The computer animation was based on police reports from the entire incident from the different witnesses. The court permitted it as demonstrative evidence. Ds were convicted and appealed.