APPLETON — A former Appleton guardian accused of stealing about $500,000 from his elderly and disabled clients wants a judge to toss the felony case because of unreasonable delays in his prosecution.
The attorney for Jeffrey M. Schend filed a motion for dismissal in Outagamie County Court on Wednesday.
Schend was charged in May 2011 and demanded a speedy trial in July. His trial was first scheduled for September, but a judge granted prosecutors a postponement so a forensic accountant could investigate Schend’s financial practices.
Michael Petersen, attorney for Schend, said he met with the forensic accountant in March, but hasn’t received a report on the findings. During a court hearing in March, attorneys said the accountant’s review was complete.
“Clearly, it is not the role of the judiciary to baby-sit cases while they are investigated by the state,” wrote Petersen, who also is asking for a ruling that would prohibit prosecutors from refiling charges in the future. “The defendant deserves his day in court.”
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Jeffrey Schend's attorney asks for dismissal because of delays in prosecution
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