Attorney for Wheeler man charged with child assault plans motions for inadmissible evidence
By LeAnn R. Ralph
MENOMONIE — An attorney representing a 34-year-old Wheeler man charged with the repeated sexual assault of a child plans to file motions with the court regarding inadmissible evidence.
Ryan N. Kistner appeared with his attorney, Roger M. Hillestad, in Dunn County Circuit Court December 13 before Judge Rod Smeltzer.
Hillestad, who said he is relatively new to the Kistner case, said he planed to file motions related to evidence or testimony that should be inadmissible.
Judge Smeltzer gave Hillestad 20 days to file motions with the court.
Kistner is charged with one Class C felony count of the repeated sexual assault of a child with at least three violations of first or second degree sexual assault.
According to the complaint, in December of 2012, a four-year-old child reported that Kistner had touched her inappropriately.
Criminal charges were not pursued in 2012.
In April of 2015, the Department of Human Services received another report concerning the alleged victim.
During a fact-finding hearing in August of 2015, a licensed professional counselor testified that the alleged victim has been consistent in her report and that they had talked about the alleged assaults during several different sessions.
A $10,000 cash bail was set June 8, and Kistner posted bail June 14.
Kistner waived his right to a preliminary hearing June 23 and was arraigned in Dunn County Circuit Court August 26.
Kistner initially was represented by Attorney Lars Helmer Loberg but told the court at an October 17 hearing that he had run out of money to pay his attorney.
Judge Smeltzer told Kistner to contact the public defender’s office that day to see about finding an attorney to represent him.
As a condition of bail, Kistner is ordered to have no contact with the alleged victim and no unsupervised contact with girls under the age of 18.
Dunn County Assistant District Attorney Holly Wood-Webster is seeking “lifetime supervision of a serious sex offender” in the Kistner case.
Upon conviction, a Class C felony carries a penalty of a fine of up to $100,000 and/or 40 years in prison.
