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Schimel: Pergande deal still on

July 28, 2014

Waukesha — Waukesha County District Attorney Brad Schimel said he is still willing to accept a plea agreement from former Butler Police Lt. Brian Pergande even though Waukesha County Circuit Court Judge Donald J. Hassin Jr turned down a previous agreement reached between Schimel and Pergande's attorney Michael Steinle.

On July 18, Hassin would not accept Pergande's plea of "no contest" to disorderly conduct charges that related to an incident in September of 2009 when Pergande allegedly took inappropriate photos of a woman he had improperly detained at the Butler Village Police Department. Pergande resigned from the Butler police department and offered the plea in exchange for Schimel dropping charges of felony official misconduct, which carried a potential prison sentence and fine.

Schimel said he has contacted Steinle and told him he is still willing to carry out the plea agreement if a judge will agree. Otherwise, Schimel said both sides will have to start preparing for a trial in October.

Schimel emphasized that Pergande still has the right to seek a jury trial on the felony charges despite his "no contest" plea to the disorderly conduct charges.

However, Schimel said Pergande may have to do more to convince the judge that he engaged in disorderly conduct when he took the photos.

Schimel said he did not think Hassin was satisfied that the elements of a disorderly conduct charge were present enough after Pergande explained his plea.

According to state law, a person commits disorderly conduct by engaging in a violent, abusive, indecent, or unreasonably loud action that tends to disturb or provoke others.

At one point during the court session, Hassin said Pergande's description of why he took the pictures "makes no sense."

Pergande said he took photographs of the woman because he was referring her to another police agency to assist them in drug investigations.

He said apparently the woman was uncomfortable with the way he was taking the pictures.

Pergande told police investigators that someone had cropped and edited the photos to emphasize the woman's breasts. The photos were discovered in former Butler Police Chief Michael Cosgrove's computer during an investigation of Cosgrove and the department conducted by the Waukesha County Sheriff's office.

Cosgrove retired in the midst of the investigation and Pergande was placed on paid administrative leave for more than a year awaiting possible criminal charges.

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Weekend Happenings

Featured this week:  

The Art of the Bicycle: 11 a.m. Nov. 21, 26, Delafield Arts Center, 719 Genesee St., Delafield. Diane Lehman, Peter Kudlata and Wheel & Sprocket. Gallery hours are 11 a.m.-4 p.m. Wednesday through Friday and 11 a.m.-3 p.m. first and third Saturdays and by appointment, Free www.delafieldartscenter.org.

Organ Concert: 1:30 p.m. Nov. 21, St. Jerome Catholic Church, 995 S. Silver Lake St., Oconomowoc. Oconomowoc Music Club is hosting a concert by renowned organist Dr. Simone Gheller. Refreshments will be served after the concert. Free.

Yuletide Faire: 5-9 p.m. Nov. 21; 9 a.m.-3 p.m. Nov. 22, Prairie Hill Waldorf School, N14-W29143 Silvernail Road, Pewaukee. $4 in advance or $5 at the door for adults and $1 in advance or $2 at the door for children under 15. Features strolling minstrels and costumed characters, puppet shows, storytelling, candle dipping, face painting, children’s craft workshops, children’s holiday shopping, live music, silent auction, children’s book sale, natural toys, 35 vendors, warm food, homemade desserts, candies, nuts and other treats. 

Fashionable Tidings Gala Luncheon: 11 a.m.-2 p.m. Nov. 22, Country Springs Hotel, 2810 Golf Road, Pewaukee. Holiday fashions of local clothiers Paul Bruce Goodman and Liebling Leather. Music by Brusubardis String Ensemble. Lunch includes shrimp scamp and angel hair pasta with vegetables provencale. Wine tasting  and auction. Benefits Waukesha Choral Union. $35. Call (414) 297-9310 for tickets. www.choralunion.org.

Updates to this calendar are made weekly Monday afternoon. 

 

All weekend happenings.