NEW SPECIAL PROSECUTOR ASSIGNED IN POLICE COMMISSIONER'S CASE

West Bend -- A new special prosecutor was appointed Monday to satisfy
objections by the attorney for a Slinger police commissioner accused of
drunken driving and possession of marijuana.

Ozaukee County District Attorney Sandy Williams had been appointed to serve
as special prosecutor in the case of Commissioner Gary Behnke.

Adam Gerol, an Ozaukee County assistant district attorney, instead appeared
in Washington County court to serve as special prosecutor.

"My understanding is it's not the office of the attorney that's appointed,"
said Alan D. Eisenberg, Behnke's lawyer. "It's the attorney who is
appointed . . . and Sandy Williams is not here."

Behnke, 46, of Slinger was arrested in February for allegedly driving while
intoxicated. A Washington County sheriff's deputy observed him swerving and
stopped him in the Town of Addison. Behnke allegedly had a blood-alcohol
level of 0.13, in excess of the 0.10 level that is considered evidence of
intoxication.

In April, he was a passenger during another traffic stop. The woman driving
his car was cited for drunken driving. A search of Behnke's vehicle found a
small pipe that appeared to contain marijuana, marijuana debris and a
canister with about half an ounce of marijuana, according to a criminal
complaint.

Gerol said he was appearing as Williams' designated assistant, adding he
was not familiar with any legal arguments to the contrary. Washington
County Circuit Judge Leo Schlaefer said he was not sure about the matter
either.

The answer proved to be simple enough, however.

"I'll appoint this counsel," Schlaefer said, referring to Gerol. "And
rescind the appointment of Sandy Williams."

Eisenberg next said he intended to seek a motion to suppress evidence in
the criminal case. A Friday deadline was set for filing that motion. The
traffic matters will remain pending until the drug case is resolved.

Checked-by: Pat Dolan