CASE AGAINST UNDERCOVER AGENT SENT TO WAUKESHA COUNTY

WEST BEND - A request by three attorneys to have a judge bring
criminal charges against an undercover drug agent has been sent to
Waukesha County Circuit Court after all four judges in Washington
County recused themselves from the case, a court official said Monday.

Citing concerns over the "appearance of impropriety," the judges in
Washington County Circuit Court, where the petition was filed last
week, asked to have the case transferred, said county Clerk of Courts
Kristine Deiss.

The attorneys - Waring Fincke, William Mayer and Daniel Patrykus -
filed a petition Thursday asking a judge to bring 10 criminal charges
against Mario Altuzar, a drug investigator for the Washington County
Sheriff's Department since 2001. The attorneys represent clients who
were arrested in cases connected to Altuzar's undercover work.

The document alleges that Altuzar smoked marijuana at a West Bend
tavern on at least one occasion and engaged in other types of illegal
behavior.

The attorneys took the unusual step of asking a judge to charge
Altuzar after Washington County District Attorney Todd Martens said he
needed better proof before launching an investigation into Altuzar's
conduct.

The attorneys are also asking that a special prosecutor be appointed.
They accused Martens of having a conflict of interest because an
assistant district attorney in his office is romantically involved
with Altuzar's supervisor in the Sheriff's Department, the petition
alleges.

Deiss said the judges recused themselves on Friday and that the
request to assign an outside judge was mailed Monday to the court
administrator who oversees Waukesha County.

Court Administrator Michael Neimon said Monday he would select a judge
when the paperwork arrives, possibly today. Neimon said he didn't know
when the newly assigned judge might hold a hearing.