Tuesday, April 29, 2014

Child abuse trial set for custodial dad; step weighs plea deal (Ocono, Wisconsin)

Dad is identified as SHAWN PAHOLKE. Notice that there is no mention of what happened to the mother of these kids. Given that Dad and the step appear to be controlling freaks who ran their home like a prison camp, you have to wonder how Daddy got possession of these kids. Is the mother alive? Did he abuse her as well? Was she out maneuvered by this abuser in family court? These kinds of fathers are often very successful in gaining custody, because they are obsessed with hurting the mother and having total power over the family.


Child abuse trial set for father; stepmother weighs plea deal

Apr. 28, 2014 3:25 PM

Written by Kent Tempus OCR editor

The father of two girls facing 12 counts of child abuse is scheduled to be tried in July, while their step-mother is weighing a plea agreement on the 11 charges she faces.

Shawn Paholke, 33, and Jennifer Fendryk, 31, appeared in Oconto County Circuit Court for a scheduling conference on April 17.

The Suring couple is accused of neglecting and mistreating the girls, who were ages 7 and 5 when the alleged incidents. They moved into the town of Breed home in September 2011.

A trial for Paholke was scheduled for July 22 through July 25. A scheduling conference for Fendryk was set for June 2.

Reminding them of their right to speedy trials, both defendants told Judge Jay N. Conley they agreed with the schedules.

“I want to move things along as quickly as … I want to make sure (my attorney) has enough time to do what we need also,”

Paholke told Conley. Paholke is now represented by Len Kachinsky of Appleton. He took over for Ron Colwell, who withdrew on March 14.

Kachinsky said he would have time prepare and provide effective counsel before the trial began.

Fendryk’s attorney, Bradley Schraven, said the interval for the next hearing is enough to complete several tasks.

Schraven said he and Fendryk will be weighing a plea offer made shortly before the hearing by special prosecutor Wendy Lemkuil, a Brown County assistant district attorney. Fendryk was also to be examined by a doctor the next day, Schraven said.

“She wants it understandably to get going, but on the other hand she understands that we want to do things like talk to the doctor and determine if we need additional experts and stuff,” Schraven said.

Schraven added that about 500 pages of discovery forwarded to Lemkuil by Colwell also need to be reviewed.

Lemkuil, who appeared by phone, told Conley that the plea offer expires on May 16.

“The expectation is at next hearing (we’ll know) whether we’re going to resolve (the case) or schedule a jury trial,” Schraven said. Conley asked Fendryk if the further delay was acceptable to her. “Yes your honor,” she replied.

Conley noted along with defendants right to a speedy trial and effective counsel, in cases with alleged child victims, the court has a duty to expedite proceedings.

Lemkuil said the schedule set by the court is “not out the norm,” as many child abuse cases in Brown County aren’t tried until at least year and up to 18 months after charges are filed.

“It’s more important that we make sure with complex discovery, and substantial discovery and issues, and the potential penalties that these individuals are facing” the defenses have sufficient time, Lemkuil said.

The maximum sentence Paholke could receive would be 153 years, which would a combination of prison time and extended supervision. Fendryk faces 127½ years.

Complaints against the couple were filed Sept. 23, following a four month investigation. The 5-year-old was removed from the home May 23, after she was found to weigh just 24 pounds. The girl was also kept most of the time in a room, and allowed out to do chores or exercise, the complaint says. The older sister also said her sibling was placed in time-outs on the deck in the dark, both when it was warm and cold outside.

Paholke is accused of zip-tying the wrists of the older girl to a post and leaving her outside last July 4 until after she passed out and suffered severe burns on her arm. Fendryk allegedly ignored what was happening.

That alleged abuse was uncovered when the children were interviewed by investigators on Sept. 11.

Paholke faces one count of first degree reckless injury, four counts of neglecting a child resulting in great bodily harm, one count of first degree endangering safety, two counts of causing mental harm to a child, one count of second degree reckless injury, two counts of false imprisonment, and one count of physical abuse of a child.

Fendryk faces one count of first degree reckless injury, three counts of neglecting a child resulting in great bodily harm, two counts of causing mental harm to a child, one count of first degree endangering safety, one count of failure to act to prevent great bodily harm to a child, and three counts of false imprisonment.

Paholke and Fendryk, who were married in July, are being held on $175,000 bond each.