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chevensky superstation winner takes effect they asked the jury you know the orders they shouldn't be shared with anyone else in fact when the trial is over we'll collect them and destroy them if you worry about what happens to them deliberations but just as I did manage to do were not to discuss what is happening important while the trial was proceeding with anyone else [Music] testimony [Music] [Music] it's called the case-in-chief density in the information that is presented by each witness is to be considered by [Music] regardless of which of the attorneys may ask the question and the response that may have been given doesn't matter who call the witness after the state concludes its case in chief where was it reversed the defense has the opportunity to present its case in chief to call witnesses initially asked questions by attorneys where density and then asked questions by attorney Fletcher again the information presented during each witness's testimony has to be considered by you equally regardless of who asks the question and then finally the state is the person as an opportunity to call water referred to as reported witnesses were to present with moral evidence with the audience is evidence that attempts to counter any information that may have been presented during the state during the defense case-in-chief [Music] [Music] Oh [Music] [Music] do you swear or affirm that the testimony you shall give in this matter would be the truth the whole truth and nothing but the truth and this should be perjury thank you your last name and you don't be a TMT are you yes yeah where you work at the villager Fox crossing and is that sort of employment just that's correct and if that located within the actual village of box browsing just Winnebago County Wisconsin yes did it used to be called town of Menasha yes a bit all right where's your damn tail my job title is court manager what are some duties that manager on a daily basis I'd taken payments I do drawer deposits I take care of all citations I go to court and budget issues that take care of do you have a supervisor yes and what is the title of that supervisor the judge does the judge in that religion correct boss or supervisor since May 16 2016 and who hired you mr. Kish enscape to use the amended birds neck yes can you tell me where he is seated and generally what he's wearing he said that the defense table and he is wearing a blue colored soon as he individual wushu person to my left that's correct I thought the record reflect that the witness identified the defendant as in like my workload I work a 40-hour workweek I work Monday through Friday most Friday afternoons I do have off but still get my 40 hours in three weeks during the month we have court and we have court on Thursday evenings approximately about 6 to 7:30 would be on Thursday nights I did I at my previous employment I knew him in the attorney role and did you know him very well I would say just a casual casual acquaintance we were hired to find him to behave what was his personality life I mean he was very nice to me I had no no issues with him had conversation and I mean he was fine would I be incorrect that would no you would not be incorrect yes he had some medical issues that he as I had started there in May he had us I would say approximately a few months off after I started there yes that's correct through email because he was not in the area yes yes and I would say it was a beep I would support him through his medical issues casual friendship spoke about briefly about home life's nothing in detail but it was basic I I would say acquaintances that you would just talk about home or work or you'd mix the two between home and work and and dude who your mother um he had friended my mother because when he was very ill I mean burial my family had sent him a formal prayer so yes and after my family had sent him a prayer mr. Cushing ski thought he would think my family for doing so and found my mother on Facebook and friended her I would say he was a friend and he was i mean friend and boss absolutely and we had great communication in in February of 2017 is that yes is when he came but he he had went in for a few months and then he had gotten out and then in December he went back in and then he was out in February of 2017 so December of 2016 to February 2017 he came back in February of 2017 and yes and words of encouragement because he still wasn't doing very well as time went on yes me as time went on absolutely can you talk about and I'm trying to think exactly when it all took place it was when he had come back from the hospital in February of 2017 he seemed to be and I was there I was encouraging him to get better and hope he does well and backing him but he seemed to be very persistent on he had to come into the workplace and he had to come in and see me and as time went on one of the first incidents was that kind of came to my mind I thought well that was strange is when my husband and I we went on vacation and he had decided that he would put on face book while we were gone which I don't like to do but while we were gone to state that we were on our second honeymoon at an undisclosed location and I think that's kind of when I started to the tide was turning I thought well why would he put that on Facebook and you know just several things all along the way and I don't it made me uncomfortable because we we were not on a second honeymoon and I had a few employees at Fox crossing come up and asked me if my husband and I were okay did you guys need to work on something and so I had to go through and explain to co-workers that absolutely nothing was wrong we were not in an undisclosed location we were just on a fun trip to Florida were there any other instances of things being maybe requested or awkward by mr. patience even well and then as time go on there was a small incidences that would happen and he would have to come in and I think if I'm not jumping ahead in April I have two boys and we were having the birthday party and mr. krichinsky had come in two days after their birthday party and with my mother him being Facebook friends with my mother he had said I saw your mother was at your house over the weekend and I can tell you I literally flipped around in my chair I said excuse me and he said I saw your mother was at your house over the weekend and then I persisted to ask him how he knew where how he knew that my mother was at my house and then he had explained how Facebook nearby friends is what he had said at that point in time he later on showed me at another date how he did it because I I was unaware of that you could do such thing did he yes he sent an email to me and he asked me specifically for a 15-minute photo session and then I declined I said no and reason being is there was a first of all it was very uncomfortable why he wanted to have a photo session with me he said we can take pictures here in the office because him and I share in office as well as he said that I can go ahead and go into the court room and him and I could take pictures in the courtroom and I declined he did indicate who asked for the photos in the email he had stated it was his daughter Noelle who wanted the photos and not him yes I believe so I mean I would have to be it was around April 18th yes yes because as and I'm sorry if I'm jumping back and forth there's just an abundance of information but yes he would do other little things like I would post for example I post on Facebook about maybe a muffin that I wanted to make or you know some other maybe a smoothie or something and he one of the incidences he had stated to me when I put that on Facebook he sent me an email to tell me that I should not bring him lunch that the muffin recipe that I put on Facebook that he was going to bring me in my lunch and so with these incidences as they kept going on on April 18th the day that we speak of I had sent him as I believe a very professional email and asking him to keep things professional and I did dance around I was very nervous sending that email but I sent him the email to let him know that if we can keep things professional maybe new state's exhibit one do you recognize this document yes I had sent him after he had sent that email telling me that he's I should excuse me that he's going to bring the muffins and from me I had sent him an email back and told him I got his message about the muffins I appreciate it but the offers not necessary I will bring be bringing in my own lunch and is that did you indicate in an email I think you already pretty much testified to it that you wanted to keep yes and the in the second line I just told them that would help me focus here in the Municipal Court if we kept our relationship more work-related and at that time we were going paperless so that was kind of my tiptoe around having our things a relationship at work being more work-related and less of sharing personal information I mean he is my direct boss he is the one that oversees me in my role as the court manager did you I did yes but then that is an accurate statement gifts no I just had asked him if we can keep things work-related because in the back of my mind I was getting uneasy about what was taking place he did and approximately a week to two weeks later he had sent me another email and he had said and I personally don't know who these people are but he had said the voice they would like to come in and take pictures on a court night and I had bonded that I I wish to not be part of that and he had to ask our court officer she wanted to be part of those pictures because she's in the courtroom as well so in the meantime we also see the Facebook that is correct yes that is correct besides this very short email of asking to keep things professional now as a result of these additional within the next few weeks to come yes he had kept asking obviously the pictures and then more meetings and that were non work-related or he would throw in something you know small that was work-related and you know and then it was all personal and yes at that point in time I had let him know that if this is going to continue I would need to have our Human Resources or our village manager involved yes that's correct and our Human Resources is Lisa Malone so it's you that is correct yes and did you convey to him how those actions made yes and not at all he actually said he would comply and in writing as well and did you when you walked out of that eating how do you think things would go going forward I was actually relieved that he was just like okay everything's gonna be good I will comply I'm sorry you know if things happened and he actually wrote an email of what he wouldn't do in the future yes and and he actually bill appointed what he was was going to do to make sure that these things it wouldn't be uncomfortable moving forward this lady works the hardest of any of us in the courtroom his pulse and whenever she says that she needs to address something we're going to do it [Music] and it was decided that he would do what he had outlined to do and keep things professional moving forward and did he agree I don't remember if it was at that point that he did I just know that he would jog through the building several times and he that was one of his bullet points that he would not jog through the building and go through go through the building I would say approximately three and we're those any of those so um many times he would say that oh I brought some reading material and I'm just going to watch and observe what you're doing his desk was essentially behind my desk we shared the same office and he would just basically sit there and watch me eat time he may have he may have stopped in and said okay I'm stopping in for five minutes and then I got a run in to whatever or he may say I'm gonna sit here for a while and observe or he may bring up something you know a work really to talk that Gura non-work-related topic and then talk so each time it wasn't a set amount of time I mean it could be as quick as five minutes or it could be as long as 45 minutes the one time that he had done so he had we were going over something that he wanted to see on my computer and I apologize I don't remember what it was but we were going over something that he wanted to see how I did it on the computer and he said this is now directly behind me and if I didn't give like feet wise it was probably about as far back as this wall here the small wall and he sat and literally had a notepad and he sat and he tapped that notepad with his pen and made cat noises to the point where I was very uncomfortable I made two excuses to leave the room come back he continued I then I finally had left to go down to her PD that was my next excuse he would literally demonstrate how a cat sounds he wouldn't he wouldn't yell with his with his mouth is what he was doing it with he didn't have stuffed cats in our office that he had that with but he those days or that day I should say is that he was actually him himself was meowing I've seen it before but it's he's literally never sat in front of me and said approximately a feet away from me and satin and me out he's done it before I've seen it previous employment and I've seen it outside of my office yes I did and that was right around the May 16 date I you know maybe it was right on May 16th I don't know but it was it was in the middle of May we had reviews we're in the fall and I apologize I don't know when but in the fall all the department heads from village of Fox crossing they have a basically a spreadsheet and and it's a number system and how they evaluate their employees in their department so for this one and and I didn't know I didn't know if it was common or not common I didn't know what was my first review and I did not know that they did the rest of the building he did theirs in fall as results do you know if mr. the administration had heard about you Nate that's 2017 yes and yes after they had spoke with mr. Kaczynski the attorney as well as the village manager and then I came in afterwards because mr. Kishen ski had asked if I could appear at that meeting the point of me was he actually sat and he again oh I'm sorry I said you know I didn't I didn't mean to make you feel uncomfortable and now I know what I'm doing wrong and it was all explained to him personally from me of why I was uncomfortable what he was doing and I had I went down the list and he had sat and told our administrator as well as our village attorney that he understood up until when we thought everything was clear and he said I need to have another meeting with Mandy I looked over at the village attorney and in my opinion in my words he was very upset and asked mr. cushions gave what he did not understand that to keep things professional you there is no point for another meeting now at this meeting yes that's correct and did he appear he did yes and what did non personal work office communications look like to you in in a matter of your employment with the judge I'm pretty much in my opinion 90 to 95 percent of his emails were were not work-related it was all building office rapport a professional environment would you be able to function 100% absolutely would it detracted all know now after this meetings and things get better no did his presence at the municipal building on random days not court days increase or decrease increased and did he indicate why he was coming to the Municipal Building in his email he would email and tell me that he was coming so he would say for example I will be there at 2:30 to do a pulse check is what he would say to me and I did because I thought after I spoke with him HR spoke with him our village administrator in our village attorney and he was still persistent it had to come in had to have these meetings he had to see me I had then said to him I thought well how else can I get around these personal meetings how else can I get around not having him come in several times a week so I had just asked judge can we is there any way that we can have an agenda can you let me know what we're going to be talking about variety those of those agendas did he continue to pursue personal work for issues or personal relationship issues with you yes you know during this time frame that we're talking about early summer of 2017 do you recall what email address mr. krichinsky was using on a regular basis yes it was his personal email and did he have an electronic signature attached to most of those emails as well indicating it was from London Jinping he had a basically signature block that had his name that he was the municipal judge and just a few other personal items after that and I believe the Fox Crossing emblem an inspirational quote yes so let's start with some of these emails and one of the npc's exhibit number two do you recognize this exhibit yes it is an email to me wishing my husband a happy Father's Day and it is from Len Kaczynski and the subject line is rural violation yeah it's very very million he states Mandy I realized that this email violates every principle we've talked about regarding office conduct the last few weeks but I am sending it anyway feel free to report me to HR I feel spunky this morning happy Father's Day to your husband Doug I was just kind I felt I thought we talked about things over and over and over and over at this point in time and it continues I was hoping so but no it's that copy of that email a tremendous representation that is correct not that I can see no no objection and for the record I would stipulate that all of the emails are accurate copies of because we see other people exhibit one is not going to see us the exhibit tool has been offered and has received at making published publish ladies and gentlemen means it will be shown to you and attorney Folger I believe has a copy of the email that she is going to provide each of you to bring of all the manner of that publication [Music] [Applause] and iam now a new exhibit number three do you recognize this document yes and what did that document it's an email again from Friday June 16th with a few subjects on it but I'm here number two and Sue was the gal that had retired before myself but number two Sue was a couple years younger than me but it was almost a parent-child relationship rather than the adult to adult I believe that the latter character characterized our relationship during the first year first ten months number three I did not look forward to court because Sue was there as I told you shortly after I was out of the hospital at other times I looked forward to seeing you on court nights because you inspired me to be more enthusiastic about Municipal Court and do a better job number four as you know I consider sooo Abbey and you as an a number of excuse me number five sue did not keep me as well-informed as you did or send me paperwork between court sessions to speed up our processing time number six sue never told me her birthday or anniversary date with pet so I was never able to give her card on these and this occasions this is from one Kishin scheme myself yes now how do you feel reading that phrase I considered sue B and you and a I was take I was taken back by the by the email and entirety I I couldn't believe he was actually stating these bullet points I think you could just hold on to the exhibits but I have not yet moved into evidence this is exhibit four do you recognize this document yes and what is it an email from Len Kaczynski on June 22nd and who is it it's to myself Mandy I am in a good mood and not influenced by steroids perhaps we should have a beer or wine summit in the next week on Tuesday or later at holidays to discuss the relationship issue I think there's major problems we have I do not want out of office meetings on a regular basis I will consider other forum or location I have no objection to any meeting being but recorded I would prefer that no other person be present other than perhaps Doug this could be the occasion to end the strict restrictions of non-work-related discussions and replace it with the use of respect and common sense that is all depended upon you not being uncomfortable with me as your supervisor think about it and let me know by Monday in light of what was going on absolutely not yes and did he he had stated he had sent a letter to my mother and did he share with you about you that what he did yes now and one of ng state's exhibit number five has stood harvest and sorry I'm actually handy you exhibit number nine sorry to go out of work [Music] do you recognize both of those attachments yes he was sending me an email with the subject line of letter to be Strobel and then he was speaking about I just need one minute to scan this older and in here he's just speaking that he had sent my mom the letter he had given me a copy of the letter he's just letting me know that in the letter that he chose to send to my mom was praising me highly and that and the fact that he did not want third parties present while he had these meetings she would show greater commitment to normalcy in the office when I am there our personal professional relationship needs repair this will not occur by giving me the silent treatment men hate that yes in the first paragraph and does he also reference yes so in this instance he is contacting your family about this dispute that's correct I did not it is not as far as I know I just thought he's now he's taken it to another level that he's tracking down my family because he couldn't do do so electronically now he had to send her a paper letter did I thought this was a huge step forward now he is including my family and finding my family and sending them letters alright time another exhibit on July 6th of 2017 did you receive an email from my kitchen to be related to normalization I believe so yes I'm handing you see the exhibit number 8 is this bad email yes now if one of the lines in there I'll have you read related to normalization I'm the first page where he had okay Mandy if I did not make myself clear enough yesterday and the last two weeks normalization is going to happen and happen now yes he said per yesterday's doctor visit my blood pressure is back up again the reason is environmental enough is enough I took it as as time's going on and I'm asking things to be professional he's he's getting mad that it that he does not have this personal relationship with me is where the where this is going with our meetings yes our meetings were at that point in time our human resources director or our village manager would always be present at these meetings and on July 17 2017 and he would say he's having a meeting I would have to refresh my memory to know on that specific date that he had stated he wants a meeting did he believe so yes and if he did not email me no because he would always email me and tell me he's coming in that was a day that he village manager and our HR were not present or I should say not aware that he was coming in because they wanted to be present because of what was all going on they wanted to be present they were not present he had walked in and how my desk is is basically I have a short wall so we can say maybe about this height I have my court manager sign right here as well as some pictures from my kids which I rotate all the time underneath he had actually physically got up went over the deaths and asked me are you afraid of me now because I was sitting there and I was by myself and he sat there and asked me if I was afraid because nobody else was around he was whispering yes I wasn't I was in shock that he was actually leaning over knocking my things over knocking my kids pictures over and asking me if I was actually afraid of him and in my face today it was about the height of the top of the witness stand is that accurate I would say approximately that high best did you report anyone I did I believe I reported both to our human resources and our village manager now couple days later on July 20th yes and did you have someone present with you during that entire incident yes I believe it was Lisa but I couldn't be certain um do you I'm xx yes he left the courtroom to go back to our office before I had went back to the office yes and yes yes so when you walk in from the courtroom you basically walk through a little area like that to get to my desk and his desk is right there and he had left a fox crossing envelope that he had gotten I believe his check stub from and he had smeared blood all over the envelope [Music] I'm not meeting his state's exhibit 11 do you reckon it that yes it's Matt the envelope that you were speaking of yes what an obvious to you that it is blood on there yes did you think it could be anything else no is that an accurate representation of how it looks when you came upon it absolutely yes I would 11 [Music] mr. ourselves what was your reaction to that again it was I was just astounded it was just one more thing I couldn't believe that he was actually leaving bodily fluids on an envelope in our shared office and about how many days was it after the are you afraid as a visitor it was only a few days after that I was three - I believe three later that evening did you get an email from the defendant yes maybe I'm handing you exhibit 12 do you recognize that document yes what is it an email sent from mr. Kaczynski to myself July 20th at 837 Mandy I do not like court nights like tonight effective interpersonal interpersonal communication does not need a babysitter from administration Malone may say she just sits there and listens but we both know if anybody says anything she does not like she will either interject or write it in her notepad for her report to Sturgill in short if you want to restore a happy workplace the first step is to stand on your own and not use the administration as a crutch if noelle facebook / poster Kachinsky acted like this acted like that with her corporate bigwigs she would not even did not even close to as successful not even should be as close as it as successful as she has been I can overlook what I consider poor judgment in handling the situation I cannot tolerate a weakling unwilling to have free and open discussions with the boss or insubordination the last row paragraphs start with barb will will probably be mad as hell if she breaks into my email and reads this but I think you're worth the effort and the risk the real enemy is the administration that wants to manipulate the situation for their own purposes I skipped out real fast just to send Malone another message but have a good weekend I regret feeling obligated to make things a bit different by ordering you order the office I noticed you did not cry in that last paragraph he also interject emoticons yes that is correct like an emoji if it's a smiling face a happy face sad face so an emoji and what was the emoji or emoticon after I skimmed real fast another message he has a an I honestly I don't know what it means he has a an open-faced V this way two colons which is probably like I would think like a mad face where it has like a V and then has two dots and a P which I would think either is smiling or smiling with your tongue out or that's my assumption of what he had put on here yes he put a sad face with a tear coming down it barb in this email barb is referring to his wife now this is on the same night you find the animal yes again I mean just one one more thing I was just taken back I I could I guess I was just in shock I couldn't believe and at this point where I'm starting to get nervous what what is he going to do next was what was always in the back of my mind what is next I believe are you referring to the meet at the village board meeting because there's a couple dates in between at the end of July but yes at I believe it was July 24th and there was a village board meeting that mr. Kosinski sat in on and explained to the village board as well as a village president of his thought of what was going on I was not present no he did less than 24 hours later he was back in our office and yes he had told me how he explained it to me was he had explained to the village what he was doing his behavior and I don't want to quote but I believe each of the village board members including the President had asked him to stop his behavior towards me and stop doing what he was doing yes yes and again I our village administrator or Human Resources always was present when mr. Kosinski was around and yes he had another meeting a follow up regarding what had happened in the board meeting it was Jeff Sturgill at that time our village administrator now at any point did you leave the meeting and leave the two of them alone yes I was in the meeting mr. Kaczynski had called them another meeting once again and I was in the meeting for approximately me 10 15 minutes I exited my back office and went back to work and mr. Sturgill and mr. Kaczynski continued the meeting yes mr. Kaczynski came out first in from my back office he leaned over my desk he gave me a homemade on his own stationery white flag and it was basically that I defeated him even though I didn't have anything to do with the village board he handed me this on a pencil and stationery and I can't remember what he had all stated but basically that I defeated him here's here's my white flag would you agree that things between the two of you slow down a bit yes and my reasoning for that is because I was I have only a short bit of vacation but I use a lot of it in August of 2017 so if we move into 2017 did you start getting more emails from mr. Kaczynski yes and did you receive an email from him on September 10th regarding white pages back home yes all right in handing these dates exhibit number 14 is this the email that you are referring to yes and would it be this week's technology tip is what the subject line is mr. Kaczynski myself and you tell me based on what you're reviewing there it states on here Sunday September 10th at 9:04 p.m. my thought on this whole email is because we were basically you don't even get afraid of him my family was afraid of him that he actually took that extra step to go track her down by paper copy and now he's actually because we were afraid of him and he was explaining here telling me that I should tell my mom that he use white pages to track her down and it's free and nobody should be nervous about how he found it she really has no reason to fear me nor do you hope you all hope you have or will have a good weekend the weather is great a workout I'm sorry I apologize yes speaking of September what is my wedding anniversary is September 13th did you receive communications from mr. patient regarding your wedding yes he he had sent an email about it he sent an email acknowledging that it was my wedding anniversary and that he would like to know if he could come in and drop me off a homemade card I did I basically I told him they'll thank you please do not send me any anniversary cards he he would actually increase it I mean he would he was there's sometimes three times a week sometimes I could get and and I don't want to be incorrect but sometimes I could get upwards of ten emails in a day I mean it was it was constant yes he sent me an email and he had told me what I could have in my desk he bullet pointed it all out he had stated without seeing the email but it was somewhere along the lines if I could have one wedding picture I could have two kids projects I could have two projects from one kid or one project from each of the kids and he went down the line of all the specific things the pictures that I could have up in my office as well as if I wanted to do anything political I could if I wanted to support any sports teams I could but he was specific on what I could hang up as far as wedding pictures and other photos of my family I would say I at that time I had a big filing cabinet and I had a I'll say about four pictures up there of my family so we possibly yes if your call you're standing in the window I actually I'll be honest with you I started crying I thought how am I here forty hours a week and now I can't have pictures of my family none work which were distasteful I did have a wedding photo up there I did have school pictures of my kids and nothing absolutely nothing was distasteful that was in my office relationship would you have reacted this way even if you disagree I wouldn't have reacted that way no but I guess I would have been confused on why suddenly he's bringing it up now after I've been there a year and a half but I would have not have reacted the way I did because the way I reacted it was just one more thing you could view that meaning that one no because things just kept happening and more and more and more and it is just the abundance of things that had taken place I got to work again I got another email from mr. Kaczynski at this point in time he sent an email and at the bottom of the email he told me that there's going to be fire in theory in our Municipal Building and the next line after that is myself I better be psychologically prepared for what's going to take place and then there was other contents in the email but that is the scary part of the email yes mr. cushions gave myself that is 19 now you would indicate the ending of it the first paragraph states Mandi judges are taught to leave situations when their emotions are in danger of getting out of control the continued surveillance by the administration evokes those emotions so I left rather abruptly to non-work-related conversations between you and coworkers that the administration does not want me to engage in was also disturbing but I chose not to interfere as I believe it is actually a good thing with reasonable limits I did want to tell you I appreciated your work in having everything ready for court and for how Court was conducted yes at the end of October and the reference in this in this email on November third yeah just need one second yes in the third paragraph yes no there was several insight I don't recall the October what it wasn't what the contents in that specific month was for I believe yes I uh sure you that the letter of reprimand in / in parenthesis LR was more than just a way of documenting things to justify more severe sanctions for future workplace incidents LR is also meant to be teaching tool to catch your attention I hope you do not have I hope I do not have to write more of them I really think we need to have a serious discussion about the future however I am NOT going to attempt it as long as the surveillance continues both of us have done things that engage angered each other other anger at each other this year in my opinion none of the incidents that actually occurred or accurately described or so severe that the reconciliation for a happy long-term workplace report is impossible but it will require each of us to eat some crow see the newspaper article I on my desk by this time next week some things are going to happen that will cause a lot of fire in theory at the Municipal Building no I'm not resigning just be psychologically prepared have a good weekend PS I prefer this not be forwarded is up to your own good judgment you want longer than 35 minutes not everybody has to forge ahead let's reconvene at quarter 12 for a quart and one which will give us about a little bit longer than 30 minutes for watching anything further we need to address before we excused the curator No
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