MAN SEEKS TO HAVE DRUG CONVICTION OVERTURNED

West Bend -- A West Bend man will remain in prison pending his request to
have a drug conviction overturned.

The case involves Roger W. Hubbard, 39, who was sentenced to four years in
prison. He must serve at least three years because marijuana -- about 3
pounds, worth $3,300 at wholesale prices -- was found in the family home
near a school.

A hearing was held Friday before Washington County Circuit Judge Richard
Becker. Hubbard's new attorney, Waring Fincke, argued that law enforcement
officers did not properly execute the search warrant at the Hubbard home.

Fincke also has argued that Hubbard's first attorney, Daryl Laatsch, did
not challenge the search warrant procedure, and thereby provided
ineffective legal counsel.

Fincke called Laatsch, who is Hubbard's brother-in-law, to testify at the
court hearing. Laatsch also had represented his sister, Vicci Hubbard, who
received a more moderate sentence.

Asked about his legal experience, Laatsch said he now spends about 10% of
his time on criminal matters.

Laatsch's testimony included the following exchange:

Fincke: "Did you recognize whether those (police) reports raised any
concerns regarding the knock-and-announce rules?"

Laatsch: "I didn't analyze them with that issue in mind."

Fincke: "Did you file any motions to suppress (seized evidence)?"

Laatsch: "I'm generally familiar with the various knock-and-announce rules.
. . I simply didn't think of that part of the analysis."

Fincke: "Have you rethought the appropriateness of bringing that sort of
motion?"

Laatsch: "In retrospect, that type of analysis should have occurred and
that motion or motions should have been filed."

Officers testified that they did knock, waiting 20 seconds before stepping
inside into a rear entryway and knocking again.

"I knocked so hard, the door opened up," said Detective Robert Konstanz,
adding that he hollered and asked whether anyone was there.

When someone called out from the front of the house, officers announced
"police" and "search warrant."

The marijuana seizure was one of the largest in Washington County last
year. On the wholesale market, it was worth about $3,300 and as much as
$9,600 on the retail market, officials have said.

Two other defendants also were sentenced as a result of the investigation:
the Hubbards' daughter, Jacqueline Hubbard, and the man she has since
married, Anthony Galindo.

Attorneys are expected to file final briefs before Becker rules in the
case. Pending the review process, Roger Hubbard was transferred from a
minimum-security prison out-of-state to the maximum-security facility in
Waupun.

"I see no reason to grant bail at this time," Becker said. "I think it's
unfortunate that Mr. Hubbard is at Waupun . . . but I am not going to grant
bail."