Monday, February 20, 2012


Harry Wait wants his trial to be held or the charges dismissed. The Racine County Courts keep postponing his trial, but don't inform him of the fact. He and his witnesses show up for court, only to find out that it has been postponed, or re-calendared, or whatever legalese they use for stalling. The prosecution always knows about the postponements beforehand, as do their witnesses. Harry and the rest of the defense, including his witnesses (who have to reschedule their lives to appear), are not informed until they show up for court. Harry also has to pay his witnesses for travel.

It's obvious that the intent here is to wear down Harry Wait and his resources, thus depriving him of his legal rights.

Wtf is going on with the Racine County Courts?

The motion below was filed by Harry Waits this past December:

STATE OF WISCONSIN                CIRCUIT COURT                    RACINE COUNTY
County of Racine                                                                                                           Plaintiff
Vs.                                                                     Case # 11-FO-57
Harry Wait                                                                                                                   Defendant
        This case was once referred to as a low priority case by this court.  As Harry Wait has demonstrated from the very beginning in his” journey to justice”, this has never been a low priority case to both Mark Szczerba and Harry Wait.
         This case has been lunacy from the start.  The citing of a D.C. charge on your own and/ or family’s property for protecting your family from harm’s way is government in need of change.  Removing a trespassers keys and telling them they can now wait for the sheriff was a responsible and reasonable act.  This act avoided a possible getaway or a high speed chase.  Presented with the same facts, I would make the same choice.
        Harry Wait reminds this court that in our “ journey to justice” this case has involved the following alleged actions:  selective prosecution, Wis Public Records violations, court records tampering, evidence tampering, filing a false affidavit, oral perjury, contempt of court, prosecution for profit, and the violation of the United States Constitutional Rights of the 14th. Amendment, the right to equal protection of the laws.
        Harry Wait also wishes to remind the Court that Harry Wait has challenged the veracity of the Racine County Sheriff Dept, Racine County District Attorney’s Office, including Michael Nieskes and Noah Wishau, the Racine County Corporation Counsel Office and this Court itself.

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         Harry Wait in this “ journey to justice” has also filed on 10-27-2011 a 10 chapter complaint to the Wis.Dept. of Justice,  documenting alleged  “Official Misconduct by Public Officials in Racine County”  and further filed a separate complaint to the Wis. Judicial Commission about alleged unethical court practices.  Harry Wait believes that Mark Szczerba and Harry Wait were selectively prosecuted, wrongly charged and further aggrieved by erroneous rulings and the continued wrongful prosecution.
      Harry Wait further alleges that after 4-12-2011, the court had realized it had opened “Pandora’s Box” upon Michael Nieskes, Noah Wishau and Tom Christensen by the granting of the motion to compel all records to defendant Harry Wait.  After 4-12-2011, Harry Wait alleges that the court has turned a blind eye and a deaf ear to the motions and pleadings of Harry Wait and ruled erroneously in a most bias and prejudice way against the defendants.
      The court, the prosecution, and Racine County Corporation Counsel has had numerous opportunities to dismiss this case and settle this as a minor mole hill event,   Instead, the alleged negligence, actions and misconduct of Racine County and State employees has created “MONSTER MOUNTAIN”, with a slippery slope for all Officials involved in this case to soon tumble and free fall down on. 
         Racine County officials involved in this case should have had a meeting at a local pub, drank a few beers and “manned up” to their mistakes and negligence.   Harry Wait alleges they instead plotted, conspired, upchucked and spread the stink of corruption everywhere in this case.
         On 1-6-2011, Harry Wait alleges Deputy Ratkowski and Michael Nieskes engaged in Selective Prosecution and “Quick Draw Law”. Deputy Ratkowski and Michael Nieskes agreed together to cite Mark Szczerba and Harry Wait on a cell phone conversation before a proper investigation took place.  Deputy Ratkowski failed to interview any of the residents on location who witnessed the attempted repossession.  Deputy Ratkowski failed to take the time to conduct a proper investigation and Michael Nieskes failed to make reasonable inquiries that would have provided protection and privilege to the defendants.  This failing to provide equal protection of the law violated the United States Constitutional rights of both Mark Szczerba and Harry Wait, specifically the 14th. Amendment to the Constitution.
        Harry Wait alleges that Mark Szczerba and Harry Wait were wrongly charged with disorderly conduct.  Mark Szczerba and Harry Wait were reacting to a chaotic scene to protect family and became unwilling collateral damage between the repo people and Racine County.    Racine County was allegedly negligent by failing to conduct a proper
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investigation,  failing to make reasonable inquiries to the laws relevant to this case, and further failing to provide equal protection of the laws. The County further failed to enforce statutes 425.206,(2),(a),  943.13, (1m),(b), the County was made aware of  these statutes by Harry Wait on 1-6-2011.  The D.C. citation has now morphed into allegations of negligent criminal misconduct by government employees.
            Harry Wait’s “eyes of justice” have now shifted from the focus of defending an alleged civil forfeiture charge of disorderly conduct to the prosecuting the alleged misconduct and felony violations by officials involved in this case
         The following Wisconsin Statutes gave protection and/or privilege to Harry Wait and other residents to act to protect the property of family members.   939.49,(1),(2)                                               .

(1)    A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person’s property.  Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference.  It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of property.

939.49 (2)

(2)  a person is privileged to defend a 3rd. person’s property from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend his or hers own property from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such as would give the 3rd. person the privilege to defend his or hers own property, that his intervention is necessary for the protection of the 3rd. persons property , and that the  3rd. person whose property the person is protecting is a member of his or her immediate family or household or a person whose property the  person has a legal duty to protect, or is a merchant and the actor is the merchant’s employee or agent.  An official or adult employee or agent of a library is privileged to defend the property of the library in a manner specified in this section.   

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          Racine County incident report # 11-596 dated 1-6-2011, Deputy Ratkowski wrote on page 3, paragraph 2:    “Steven said he came over to use the inside controls of his tow truck to hook the VW and began lifting it when 4 people came out of the building.  He said one of the females (Mary Jo Szczerba) was first and jumped on the back of his truck yelling it was being stolen”   (emphasis added)     Harry Wait’s phone call into Racine County Dispatch also indicates that Harry Wait believed that the car was being stolen.  ( C.D. audio version #2 in court records)

        It is indisputable and irrefutable that the tow truck operator Steven Jones, Racine County Joint Dispatch and Racine County Deputy Sheriff Scott Ratkowski recognized on 1-6-2011 that Mary Jo Szczerba and/or Harry Wait was reacting in belief that the VW was being stolen.
        Harry Wait  was protected and privileged by the above statutes.                                 


             The following Wis. statutes gave Harry Wait  and other residents duty and protection to act to aid a victim of a crime.   940.34,(2), (a

(2), (a)      Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.

        Had Harry Wait failed to render assistance to Mary Jo Szczerba, Harry Wait would be guilty of a class c misdemeanor and subject to discipline under s.440.26, (6)
A.       It is both indisputable and irrefutable that Steven Jones and Nicholas Sheen engaged in the criminal act of trespass in violation of Wis. Statutes 943.13, (1m) ,(b) on 1-6-2011.   Both Mark Szczerba and Harry Wait ordered Steven Jones and Nicholas Sheen to drop the car and get off of the property. Steven Jones and Nicholas Sheen violated Wis. statutes 943.13,(1m), (b), (a class b misdemeanor),  by refusing to leave the property when ordered to do so.
B.      It is both indisputable and irrefutable that Steven Jones exposed Mary Jo Szczerba to bodily harm by his negligent  actions.
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        Steven Jones in his written voluntary statements to Racine County Scott Ratkowski on 1-6-2011 stated “ I then drove to Union Grove from Beloit picked him up at Appox. 1:50 pm then drove straight here seen the unit backed under it when I picked it up a group of people ran out 2 female and 2 male 1 female jumped on the lift and starting yelling your smashing my foot and the 2 males met me at the driver’s door of my truck”                            (emphasis added)
      Tow truck operator Steven Jones own statements indicate that Mary Jo Szczerba’s foot was in harm’s way while in an act of a crime.
        Harry Wait was protected by Wis. statutes 940.34,(2), (a) and  further had a duty to aid a victim when in harms way during an act of a crime.

1.     The County of Racine cannot overcome the protection and privileges provided by the above statutes.   Harry Wait was both protected and privileged to thwart and use reasonable force to prevent the unlawful repo attempt.  Harry Wait’s actions on 1-6-2011 were in accordance of conduct with Wis. statutes. 939.49,(1),(2),  940.34,(2), (a)
2.     Racine County cannot prove that Harry Wait  “ caused or provoked the disturbance” as required by ordinance 11-6.
3.     It is beyond clear and convincing, and further beyond reasonable doubt that Steven Jones and Nicholas Sheen  “ caused and provoked the disturbance”  and the breach of peace by the unannounced trespass and the illegal, negligent and dangerous operation of the tow truck.
 This prosecution is both unlawful and sanctionable.

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HARRY WAIT, the Defendant, Pro Se
4353 Shianne Street
Union Grove, Wi.  53182

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legal stranger said...

It is noted that 943.13 (1m), (b) is not a misdemeanor. but the tresspassors remaining on the property continuing to cause the disturbance is with Wisc. statute 947.01

jeff hayes said...

If the repo people had no writ or repleven, they more than likely committed a technical tresspass on the private property. When confronted by residents of that property, the repo people would be obligated to cease the repo attempt and leave immediately, that is the law. Did the repo people have a writ or repleven?

billonthehill77 said...

This case has the thick files of a murder case. The county must have really screwed up by citing the wrong persons. Just goes to show you how punitive Nieskes can later be when someone defends thier property with a gun.
Carry on Harry!

billonthehill77 said...

This case has the thick files of a murder case. The county must have really screwed up by citing the wrong persons. Just goes to show you how punitive Nieskes can later be when someone defends thier property with a gun.
Carry on Harry!

Unknown said...

This is what Racine County is doing to our family and nobody will help us