“Judge Melissia R. Mogen CLASHES With Defense Over Cell Phone Evidence Before Burglary Trial”
In this tense final pretrial before a scheduled 5-day speedy jury trial, Judge Melissia R. Mogen tackles major evidentiary fights and deadlines in State v. Kenneth Acterling and State v. Stephanie Acterling — both charged in a serious burglary case. 🔹 Daubert vs. Cell Phone Tower Evidence – Defense files a Daubert-style challenge to cell-site mapping and AT&T location data, arguing it’s “less than exact” and should require expert testimony. – The State relies on State v. Cameron, claiming cell-tower mapping can come in as lay testimony and that any issues go to the weight of the evidence, not its admissibility. – Judge Mogen ultimately denies the motion, finds Cameron controlling in her courtroom, and allows the cell-phone mapping witness to testify – but gives defense extra time to find their own expert. 🔹 Speedy Trial Pressure & Plea Deadline – This hearing is Judge Mogen’s “drop-dead” final pretrial before a December 1 speedy trial. – She reminds both defendants: “This is a very serious case… your lives are on the line.” – Despite the strict schedule, Judge Mogen extends the settlement / plea negotiation deadline to the following week, even offering the defendants the option to withdraw speedy trial if they need more time to bring in an expert. 🔹 Other Key Issues – Debate over Facebook messages and other communications: are they relevant to this burglary or improper other-acts evidence? – Judge Mogen signals she’s willing to personally review the messages if necessary and reminds everyone she decides admissibility, not guilt. – Victim rights, scheduling conflicts, and a busy trial calendar all collide as the court inches closer to jury selection. ⚖️ This channel shares real courtroom audio for education, transparency, and commentary. Nothing in this video is legal advice. #JudgeMelissiaRMogen #CourtAudio #BurglaryCase #Daubert #CellPhoneEvidence #LegalDrama #SpeedyTrial #WisconsinCourt #TrueCrimeCourtroom

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