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Judge rejects Pergande plea deal

July 18, 2014

Waukesha — 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

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 plea of "no contest" to one count of disorderly conduct as result of the incident involving the arrest of the woman, a stripper at a Milwaukee 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 office.

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 policy.

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

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

Schimel and Steinle left the court room without commenting on Hassin's decision.

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