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A judge has tossed out five of ten charges filed against a former probation officer from Eagle River accused of sexually assaulting a woman he was supervising.

James A. Studenec, 50, was charged with five counts of second-degree sexual assault by a probation agent and five counts of committing misconduct in office, but Judge Neal A. Nielsen ruled Thursday the state cannot proceed with both sets of charges and threw out the misconduct counts.

Studenec's attorney, Jeff Jackomino, successfully argued the charges are, for all intents and purposes, identical. The same facts, and theories of law, are at issue, in both sets of charges, he said.

Vilas County District Attorney Al Moustakis argued the state should be able to pursue both sets of charges because different elements have to be proven for Studenec to be convicted of each charge.

To convict Studenec of misconduct in office, Moustakis said he would have to prove that Studenec had sexual contact with another person while working as a public employee and that he knew the contact was forbidden by law.

To prove the charge of second degree sexual assault by probation agent the state would have to prove that Studenec was a probation agent and that he had sexual contact with a person he was supervising. To convict on this count, the state would not have to prove whether Studenec knew he could not have sexual contact with a probationer, Moustakis said.

According to the criminal complaint, a female probationer reported Studenec asked her questions about her sexual prowess, repeatedly touched her inappropriately both over and under her clothing, and forced her to touch him.

The woman, who was on probation from January of 2004 through January of 2005, claims Studenec touched her approximately ten times.

Nielsen ruled the legislature did not intend for persons to be prosecuted for both misconduct in office and sexual assault by probation agent at the same time. He said he had significant concerns about due process and double jeopardy should the state be allowed to pursue both sets of charges.

“We will proceed on the sexual assault charges,” he said.

Also Thursday, Nielsen heard argument on whether a jury from another county should be brought in for the trial because of extensive pretrial publicity. While all parties agreed that the news coverage of the case has not been excessively sensational, Jackomino said he is concerned that Studenec cannot get a fair trial in Vilas County.

Moustakis argued individual questioning of jurors should be adequate to ensure a fair jury panel is chosen.

Nielsen took the motion under advisement, promising a decision as soon as possible.

Studenec's trial is scheduled to begin September 27.

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patrick studenec wrote on Jan 7, 2008 8:08 AM:

" Look I think it to be pathetic that you are willing to destroy a mans credibility like this what happened to being inicent till proven guilty. I am a United states Marine and everything peice of honor and integrity I have is thanks to this man (my father) and I will be behind him just as I still am once I get back from Iraq you people sometimes make me wonder what it is I am fighting for.
you proabaly won't post this but it was more for the writers then anyone else.

sugar camp resident and united states marine
lance corporal Patrick Jon Studenec "

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