Corey Norlander JDC:llb
STATE OF WISCONSIN STATE OF WISCONSIN -vs-
CIRCUIT COURT
SHEBOYGAN COUNTY
CRIMINAL COMPLAINT
DA Case No.: 2008SB001933 Assigned DA/ADA: Joe DeCecco Agency Case No.: SSD07-0042-312 Court Case No.: 2008
Mary K Benz Campbellsport, WI 53010 DOB: 08/27/1958 Sex/Race: F/W Defendant.
Detective Corey Norlander, Sheboygan County Sheriff Department, being first duly sworn on oath deposes and says on information and belief: Count 1: PHYSICAL ABUSE OF CHILD The above-named defendant on Tuesday, June 26, 2007, Sheboygan County, Wisconsin, did intentionally cause bodily harm to a child, , DOB 8/23/06, by conduct that created a high probability of great bodily harm, contrary to sec. 948.03(2)(c), 939.50(3)(f) Wis. Stats., a Class F Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both. Count 2: OBSTRUCTING AN OFFICER The above-named defendant on Friday, June 29, 2007, Sheboygan County, Wisconsin, did knowingly provide false information to an officer with the intent to mislead the officer in the performance of his duty while the officer was acting in an official capacity and with lawful authority, to wit: did identify a document entitled "Infants Daily Report" as a copy of the original document, contrary to sec. 946.41(1), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. Count 3: OBSTRUCTING AN OFFICER The above-named defendant on Friday, June 29, 2007, Sheboygan County, Wisconsin, did knowingly provide false information to an officer with the intent to mislead the officer in the performance of his duty while the officer was acting in an official capacity and with lawful authority, to wit: stated that Rita Schmid worked at the Day Care on June 26, 2007 taking care of the infants from 6:30 a.m. to 8:00 a.m., contrary to sec. 946.41(1), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more
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than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. Count 4: OBSTRUCTING AN OFFICER The above-named defendant on Friday, June 29, 2007, Sheboygan County, Wisconsin, did knowingly provide false information to an officer with the intent to mislead the officer in the performance of his duty while the officer was acting in an official capacity and with lawful authority, to wit: did state that she did not know who twice changed diapers at 2:00 p.m. and 3:30 p.m. on June 26, 2007, contrary to sec. 946.41(1), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. Count 5: FAIL/REPORT CHILD ABUSE/NEGLECT The above-named defendant on Tuesday, June 26, 2007, Sheboygan County, Wisconsin, did as a child-care worker, have reasonable cause to suspect that a child seen by that person in the course of professional duties had been abused and failed to report that suspicion, either by telephone or personally, to the proper authorities, contrary to sec. 48.981(2), 48.981(6) Wis. Stats., a Misdemeanor, and upon conviction may be fined not more than $1,000 or imprisoned not more than 6 months or both.
The basis of complainant’s charge of such offense is: Official reports prepared by your Complainant (Detective Corey Norlander) as well as official police reports prepared by Detectives Mark Mancl and Gerald Urban and Deputy Patrick Runge of the Sheboygan County Sheriff’s Department, which reports indicate that on June 27, 2007, Deputy Runge was dispatched to the Emergency Room of St. Joseph’s Hospital located in West Bend, Wisconsin, upon a report that a 10-month old female child currently at that facility had been abused. Upon arrival, the Deputy made contact with the child’s parents,., DOB 2/28/82 and, DOB 7/02/80, and who identified the child as , DOB 8/23/06. The deputy also made contact with Dr. Joseph Schwartz of that facility who stated that had sustained a laceration to her vaginal area and would be transported by ambulance to Children’s Hospital in Milwaukee for surgery. Deputy Runge then questioned and separately, with stating that while does not live with her, they have a
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custody arrangement of shared visitation that they had worked out themselves. stated that she and live with 's mother at W6886 CTH A (South), Adell, Wisconsin, and that has been attending the Our Lady of the Lakes Child Care Center since January 15, 2007, approximately two to three days per week. stated that on June 26, 2007, she delivered to the daycare at approximately 6:30 a.m. to daycare provider Mary Benz, who is also the supervisor of the childcare center. stated she then went to work until approximately 3:30 that day and then called the daycare center to inform them that would be picking up from the daycare. stated she talked to Mary Benz, and that Mary stated that had five bowel movements during the day at the daycare center and that the daycare center was currently using Desitin ointment on 's genital area because she was "raw". stated that picked up at about 4:00 p.m. and returned to his residence in Waldo, which is in Waldo, Wisconsin. The deputy also spoke with , who confirmed that he picked up from the daycare center at about 4:00 p.m. and drove to his parent's residence in Waldo and then had a previous social commitment and left in the care of his mother, Kathleen. He subsequently received a phone call from asking him to transport and to a hospital as was bleeding. The deputy also made contact with 's mother, Kathleen , who stated that had brought to the house and that Kathleen took care of while was attending a function. Kathleen stated that at about 4:45 p.m. on June 26, 2007, she was changing 's diaper and had already been made aware of the several bowel movements that apparently had in childcare. Kathleen stated she checked 's buttocks, as she had been informed that cream was being applied to a raw area and was somewhat surprised to see that 's buttocks did not appear to be exhibiting a rash or rawness of any kind. Kathleen stated that she observed that 's vaginal area was extremely red and that when she took a baby wipe to wipe 's vaginal area, Kathleen stated that she observed that 's vaginal opening seemed "open" and looked red and raw inside. Kathleen stated that she also noticed something that appeared to be white inside of 's vaginal area and she tried to wipe the white material away, but it seemed to be too far inside and she did not want to try any further. Kathleen also stated that while wiping 's genital area, there was a very small, reddish, clot-like object on the wipe and it appeared that had a tear on her vagina. Kathleen stated she subsequently transported to 's house to drop her off for the evening, at which point she told of what she had observed.
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Said reports indicate that on June 27, 2007, Deputy Runge made contact with Dr. Thomas Valvano of the Emergency Department at Children's Hospital in Milwaukee, at which point the doctor advised that had a penetrating injury to her vaginal area, that required surgery to repair the laceration. On June 27, 2007, Detective Mancl subsequently made contact with the previously identified Mary Benz, DOB 8/27/58, the Defendant. Mary confirmed that had arrived at approximately 6:30 a.m. on June 26, 2007, at the Our Lady of the Lakes Day Care Center in Random Lake and that she received a phone call from 's mother indicating that the father of the child, , would be picking up the child at daycare, which occurred at approximately 4:00 on June 26, 2007. Mary stated that had many loose bowel movements on the previous day and that appeared to be tired and lethargic, in that appeared to want to sleep a lot. Mary stated that she had told 's mother about the loose bowel movements. Mary stated that had breakfast about 7:30 a.m. and took an approximate 2hour nap and that was outside from approximately 10:30 to 11:00 in the morning, playing in the water and sand table and that at about 11:30 a.m., ate lunch. She noted that is able to walk by holding on to objects and that at approximately 2:00 p.m., Mary had left the immediate vicinity of the facility and recalled that was napping at the time. The Defendant also stated that when she changed 's diaper at approximately 8:00 a.m., she noticed what she described as a red, raw, vaginal and anal area of the child and she applied Desitin to the areas that appeared to be affected. Mary stated that she changed 's diaper again at 2:00 p.m. and again noticed the red raw area that she described, and again applied Desitin to the area. Mary stated she did not notice any blood or swelling to the vaginal or rectum area or on the diapers. Mary stated that on June 26, 2007, there were approximately 22 children present, with ten of the children six years of age or older. Mary further indicated that that day's staff included herself, Jennifer Lemke, Brianna Hicks, Ramona Schmitz, as well as Amanda Watry. The defendant stated she is aware that the daycare staff are mandatory reporters and that she has notified the Department of Health and Human Services in the past upon reports of suspected abuse. Contact was made with Brianna Hicks, DOB 03-17-89, who stated that she had also been at the daycare center working from noon until about 6:00 p.m. on June 26, 2007. Brianna stated she did have contact with , including putting her in a high chair and allowing to do finger painting with pudding. She stated she also played on the floor with and read her a book, but did not
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change any diapers and did not see anyone else changing diapers on . Brianna stated she does not work with very much, as she usually works with 2 and 3-year old children at the daycare center, and that was not whining or crying and that no one had voiced any concerns to her about any of 's conditions on that date. On both June 27 and June 28, 2007, Detective Mancl had contact with Dr. Valvano, who stated that his examination of indicated that 's bottom is not raw or red, but there was redness in the vaginal area, along with the injury, which the doctor described as a rather large laceration that should have been noticed by anyone that would have changed a diaper multiple times on the date the injury was discovered. The doctor further described the injury to as a penetrating laceration or tear injury, as there was no bruising on the outer labia and there was some bruising on the hymen and of the vaginal wall, which injury required three sutures to close it. The doctor indicated that at the time would have received this injury, it should have been very painful and that as a toddler, she would have screamed and cried when it first happened, but that he would expect her only to be fussy if it was touched or manipulated after the injury occurred. The doctor believed that the state of the injury indicated it occurred within the past 24 to 48 hours. Dr. Valvano subsequently stated to your complainant that, in his medical opinion, this type of injury to an infant is rarely accidental and that the location and extent of the injury indicates an intentional act. Detective Mancl subsequently made contact with Ramona Schmitz, DOB 01-29-60, who stated that she worked at the daycare center on June 26, 2007, from 7:00 a.m. until 2:00 p.m. and that she worked with the 3 and 4-year olds, with Mary Benz in charge of the infants, which would include and two other children. Ramona stated that the 3 and 4-year olds were with her at all times that she was there and that the school age children attend summer school and usually come back to the center at lunch time. Detective Mancl also made contact with Amanda Watry, DOB 06-22-88, who stated that she had been working at the daycare center on June 26, 2007, from 12:15 p.m. until about 6:00 p.m. and that she was with during the afternoon hours, with being picked up around 4:00 by her father. Amanda stated that when 's father arrived to pick her up, e was sleeping and that Amanda did not recall changing any of 's diapers on that date. Detective Mancl subsequently received log-in sheets and timesheets of persons working on June 26, 2007, at the daycare center, and noted that during the time frame between 6:00 and 7:00 a.m., there
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were 12 children present, including two infants and only Mary Benz, the director, was present to provide care. Additional children came in at 7:00 a.m. and Ramona Schmitz began her shift at 7:00 a.m., with Jennifer Lemke beginning at 7:10 a.m. On June 29, 2007, Ms. Benz was re-interviewed at the Sheriff’s Department, and stated that she had spent the majority of her time in the office of the daycare center after lunch and then "punched out" at 2:00 p.m. She stated she left the daycare center at approximately 2:00 p.m., but returned about 3:30 p.m. after doing some errands around town. Ms. Benz's recollection of what workers were present on June 26, 2007, was not consistent with some of the other workers interviews and/or with the worksheets. Ms. Benz stated that Ms. Rita Schmid was working as a volunteer from 6:30 a.m. to 8:00 a.m. at the daycare on June 26, 2007, and was caring for the infants. Detective Mancl subsequently contacted Rita Schmid, DOB 10-30-54, who stated that she had reported to the daycare center at about 6:00 a.m. on June 26, but was told by the Defendant she was not needed that morning. Rita stated she walked over to the church school where she is employed as the school’s secretary at about 6:25 a.m., explaining she fills in as needed at the daycare during the summer break. Rita stated she did not notice present at the daycare. During the June 29, 2007, interview with the Defendant, she submitted a document entitled “Infants Daily Report”, stating it was a copy of ’s daily report for June 26, 2007. As she began discussing details of that document, Detective Mancl noted the information did not comport in form, nor was the entered information the same as a document entitled “ Infant Daily Report” for for June 26th and which had been sent home with and obtained from . Detective Mancl reports that the document obtained from indicates six diaper changes for while the document provided by the Defendant notes only four diaper changes. Confronted with the differing formats and information in the two documents, the Defendant subsequently admitted that her document was her “recreation” of the Report. Allowed to view the Report which had been provided by the facility when went home on June 26th, the Defendant admitted that the handwritten entries had been done by her with the exception of the documented diaper changes for entered for 2:00 and 3:30 pm, as well as the word “petroleum”. The Defendant stated that both Brianna and Amanda are allowed to change diapers. The Defendant stated that
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the Defendant does not know who performed ’s diaper changes at 2:00 and 3:30 pm on the 26th, but that it was not the Defendant. Subsequent investigation revealed that within an hour of the conclusion of her interview at the Sheriff’s Department on June 29, 2007, the Defendant placed telephone calls to both Brianna and Amanda. Brianna stated she returned the Defendant’s call and that the Defendant asked her that if anyone questioned Brianna about the incident, Brianna should say that Brianna changed the 2:00 diaper of ’s on the 26th. The Defendant stated that the Defendant was being “framed” as someone had inserted something into ’s “girl area”. Brianna was instructed to emphasize that the daycare center was a “good and loving” facility. Brianna stated to Detective Mancl that she did not change any of ’s diapers on June 26th and would not say that she had. Amanda stated she received a phone message from the Defendant at about 9:30 pm Friday, June 29, 2007, telling Amanda that the Defendant had just completed an interview with a detective and that the Defendant “messed up” and needed Amanda’s help. Amanda stated she returned that call the next morning, with the Defendant asking Amanda to say that Amanda had changed ’s 3:00 pm diaper on the th 26 . Amanda stated that Amanda was originally going to do that, but thought better of it and decided not to lie, as Amanda hadn’t changed any of ’s diapers on the 26th. When asked if she and the Defendant had discussed the incident, Rita stated Mary had telephoned her on Friday, June 29, 2007, (prior to the Defendant meeting with Detective Mancl) and asked Rita if Rita would say that Rita was at the daycare center on the 26th longer than she actually was present, that Rita had seen at the center that morning and that was in good spirits. Rita stated that the Defendant seemed to be scared and that Rita did not give the Defendant an answer. Later that evening (after the interview had concluded) Rita stated the Defendant telephoned her again with the same request, with Rita stating to the Defendant that Rita would not do as the Defendant asked. On July 26, 2007, a search warrant was executed at the residence of the Defendant. On a computer desk in the home’s basement, officers located a number of handwritten notes. The notes appear to have been written by the Defendant, but some of them name the defendant in the third person. The notes include: “Significant talk with Rita Brianna(.) Mary asked them to lie (underline original)(.) Mary under stress and doing this(.) acting in a very peculiar way”; “Jeni relationship not good. Did she set me up? my conversations with (…) Brianna too much for an 18 yr old” (underline original); “bluff each
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side to admit (underline original)(.) ‘accidental’ still criminal(.) don’t resign yet wait it out(.) Amanda (:) M ‘asked’ her to say she changed her diaper (underline original)”. During an interview with the Defendant in the course of the search warrant execution, she admitted changing all of ’s diapers on June 26th , stating that the other workers present are inconsistent in their cleaning and not licensed to change diapers. When confronted with the specifics of her contacting other workers on duty that day, of the diaper change entries on the Infant Daily Report document sent home with , and several other inconsistent issues, she stated she did not recall. A number of daycare documents were reviewed by detectives. In the identified “Injury/Medication Log” for the daycare, the keeping of which is required by state code, detectives discovered entries for June 26, 2007. Of particular interest was an entry that appears to have been originally made on 6/28/07 by daycare worker Chelsea Verbanac, but had a “6” written over the “8” of “28”, with the initials above the write over of “CV”. Detectives discovered that, according to the daycare’s time sheets, Chelsea did not work on June 26, 2007, but did work on June 28, 2007. On August 31, 2007, your Complainant met with Chelsea who stated she did make the June 28, 2007 entry on June 28th. Chelsea stated she did not change the “8” to a “6”, nor did she initial that change. The next three entries directly below that entry were signed by the Defendant, two of which are dated “6/26/07” and one dated “6/27/07”. The first “6/26/07” entry states “ (S) had many loose bowel movements today. Much Desitin was applied after each though (sic) cleaning of the vaginal area, because the area appeared very raw. (signed) MBenz”. The other two entries document minor injuries to two different children. The investigation establishes that all three of these entries were made on or after June 28, 2007, as Chelsea had already made her June 28, 2007 entry directly above these three. Detectives then concentrated on an intensive investigation of the Defendant’s background, discovering that the Defendant was charged in Washington County in 1995 for stealing and using credits cards belonging to several teachers of St. John’s School in West Bend. In a typewritten admission to police, she stated she suffers from BiPolar Depression for which she is being treated, stating, “These actions are very uncharacteristic of myself. However, I have found out that it was not myself who was acting in these uncharacteristic manners, rather the disease of mania that had me out of control.” Her statement went on to say, “Although I knew that what I was doing was morally wrong, and it was against my better judgment, the
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disease had me performing acts that were not of my normal behavior pattern and characteristic. This disease is such that even though the person knows right from wrong, you are unable to stop your actions.” This case was dismissed as restitution had apparently been paid in full.
Subscribed and sworn to before me this 29th day of May, 2008, and approved for filing:
_____________________________ District Attorney Sheboygan County, Wisconsin
_____________________ Complainant