By LeAnn R. Ralph
MENOMONIE — A former Boyceville man sentenced to seven years in prison in January of 2016 for burglaries in Elk Mound and at a home in the Town of Dunn has asked to withdraw his guilty plea.
Miles J. Gloss, 47, appeared in Dunn County Circuit Court by telephone from the Stanley Correctional Institution September 28 before Judge Rod Smeltzer.
Judge Smeltzer sentenced Gloss to seven years in prison and seven years of extended supervision January 8, 2016, on two separate cases and also sentenced him to two years of incarceration and two years of probation concurrently with the first two sentences.
Dunn County Assistant District Attorney Andrew Maki noted at the September 28 hearing that Gloss had entered his guilty plea two-and-a-half years ago and had testified in a co-defendant’s trial.
Gloss pleaded guilty to one felony count of burglary related to items stolen from A-Z Auto & Truck Salvage & Recycling Center near Elk Mound and agreed to testify against others implicated in the burglary.
According to online court records, Maki told Judge Smeltzer there was no “reasonable probability” that a different result would be achieved in the court case if Gloss was allowed to withdraw his guilty plea.
Gloss is arguing there would have been a different result to the case but that a video had been withheld from his attorney, Maki said.
Gloss said he lied under oath in the co-defendant’s trial and had no choice but to take a plea deal because the state had withheld evidence.
Maki told the court it was “apparent” Gloss had the video because he was quoting time stamps, but Gloss said that while he has the video now, he only received it March 6 of this year and had paid for it.
Maki argued there was nothing in the video that negated Gloss’s confession.
Gloss contended there was a “Brady violation,” and Maki contended there was no Brady violation.
The term “Brady violation” is based on the United States Supreme Court case of Brady versus Maryland, in which the U.S. Supreme Court ruled if the prosecution suppresses evidence favorable to the defendant, it is a violation of due process.
Judge Smeltzer noted Gloss had contended he had been threatened by investigators but that what Gloss had called threats were part of the tactics of interrogation.
Gloss’s evidence is “not likely” to be evidence that would change the outcome of the case, Judge Smeltzer said, and denied Gloss’s motion to withdraw his guilty plea.
The judge said he would review the transcript and issue a written decision.
Another defendant, Ryan Hobbick, also was found guilty by a Dunn County jury in February of 2016 in relation to items stolen from A-Z Auto & Truck Salvage & Recycling Center.
Gloss is an uncle of Hobbick’s wife.
Gloss and Hobbick were charged, too, with multiple felony charges of theft and burglary in Chippewa County in connection with thefts from businesses and construction sites totaling more than $60,000.
Stevie Walls Sr., 53, Ryan Hobbick’s father-in-law, and Stevie Walls Jr., 33, also were charged in connection with the thefts from A-Z Auto Salvage.
Dunn County investigators learned that Walls Sr. had given stolen property to deputies while they were at his residence looking for Gloss.
Walls Sr. said he suspected the property was stolen from a place by Elk Mound and that Gloss had brought the items to his house.
During the February 26 trial, Walls Sr. was granted immunity to testify against Hobbick.
Hobbick also was accused of stealing checks from A-Z Towing and signing the name of the deceased owner of the business, Wayne Larson, along with fraudulent use of a Menards credit card issued to Wayne Larson.
When the burglars broke into A-Z Towing, they cut the padlock and replaced it with their own padlock.
Town of Dunn
Gloss also had pleaded guilty to the burglary of a house in the Town of Dunn in May of 2015.
According to the criminal complaint, a woman had returned to her home at 9 a.m., let her dog out, and when she looked out the south side of her house, she saw her television on the back patio and assumed she had interrupted a burglary.
Later the same day, another woman said her dog started barking, and when she looked down the hallway, she saw a man in a black skull-cap, black sweatshirt, black pants and black boots who had stepped inside her home. When the woman saw him, the man ran out of the house.
While deputies were investigating, several other calls came in saying that a man matching Gloss’s description and wearing black plants and black shirt, had been seen entering trailer houses.
When deputies spotted the man, he ran into the woods.
Dunn County deputies secured a perimeter and eventually took Gloss into custody, according to the complaint.