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Judge rejects plea deal for former Butler cop

Former Butler police officer Brian Pergande and his attorney Michael Steinle get up to leave the courtroom following a hearing where Judge Donald Hassin denied a plea bargain  for Pergande. The state and Pergane's attorney worked out a plea deal where he would plead no contest to disorderly conduct instead of going to trial for a felony. The judge decided he would not accept the plea deal after talking with the defendant and set a trial date in late October.

Former Butler police officer Brian Pergande and his attorney Michael Steinle get up to leave the courtroom following a hearing where Judge Donald Hassin denied a plea bargain for Pergande. The state and Pergane's attorney worked out a plea deal where he would plead no contest to disorderly conduct instead of going to trial for a felony. The judge decided he would not accept the plea deal after talking with the defendant and set a trial date in late October. Photo By Todd Ponath

July 18, 2014

A proposed plea agreement between former Butler Police Lt. Brian Pergande and Waukesha County District Attorney Brad Schimel has been rejected by Waukesha County Circuit Court Judge Donald J. Hassin Jr.

"I am not inclined to accept this plea," Hassin told Schimel and Pergande's attorney Michael Steinle Friday morning, July 18.

At one point in the court proceedings, Hassin said Pergande's explanation of why he took inappropriate photos of a woman he had arrested in 2009 "makes no sense."

Pergande told the judge he was prepared to enter a no contest plea to one count of disorderly conduct as result of the incident involving the arrest of the woman, a stripper at a Milwaukee's gentleman's club.

Schimel initially charged Pergande with official misconduct but was willing to reduce the charges since Pergande has resigned from the Butler Police Department.

The photos, which emphasized the breasts of the fully dressed woman, were found in the computer of retired Police Chief Micheal Cosgrove during an investigation of Cosgrove and the department by the Waukesha County Sheriff's Department.

Pergande told the judge he photographed the woman at the Butler police station because he was going to refer her to another law enforcement agency. Pergande admitted the photos were not taken in accordance with department police.

However, he said someone else had "enlarged" and cropped the photos.

Hassin set an Oct. 28 date for a jury trail on the charge of official misconduct.

Schimel and Steinle left the courtroom without commenting on Hassin's decision to reject the plea deal. 

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Weekend Happenings

Featured this week:  

Homestead Animal Farm: 10 a.m.-6 p.m. weekends, W320 N9127 Highway 83, Hartland. Corn maze, hayrides, barnyard animals, pumpkins and other fall items. $6 maze, $2 hayrides, $2 animals, $9 all three. (262) 966-3840.

Mike Chaloupka Memorial Craft Fair: 10 a.m.-6 p.m. Sept. 27, Cornerstone Church, N6 W31449 Alberta Drive, Delafield. Handcrafted home and holiday decor items, unique gifts, silent auction, bake sale.

Comedy Show: 9-10:30 p.m. Sept. 27, Club Indigo, Olympia Resort, 1350 Royale MIle Road, Oconomowoc. Features national acts. $7 advance, $10 at the door. (262) 369-3999, www.olympiaresort.com.

"The Wonderbread Years" starring John McGivern: 7:30 p.m. Sept. 27, Oconomowoc Arts Center, 641 E. Forest St., Oconomowoc. A comical salute to the baby boomer generation. (262) 560-2130, www.theoac.net.

Updates to this calendar are made weekly Monday afternoon. 

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