GUILTY WI - Michael Funk, 60, hostage, killed in Neenah cycle shop standoff, 5 Dec 2015

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Attorney change delays jury trial for Flatoff

http://www.postcrescent.com/story/news/local/2017/01/12/attorney-change-delays-jury-trial-flatoff/96491380/

The jury trial for accused gunman and hostage-taker Brian T. Flatoff has been postponed to September to allow his new attorney time to prepare a defense.

Oshkosh attorney Angela Henderson recently was appointed by the state public defender's office to represent Flatoff. She succeeds attorney David Keck, who withdrew from the case in December to take a job in Minneapolis.

Henderson requested an adjournment of Flatoff's two-week jury trial that was scheduled to begin March 13 in Winnebago County Circuit Court.

"I just got the case and obviously couldn't in any way be prepared for trial by March," Henderson told USA TODAY NETWORK-Wisconsin.

Winnebago County Judge John Jorgensen granted the adjournment Thursday. He rescheduled the trial for Sept. 18-29. A motions hearing will be held June 21.
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http://www.postcrescent.com/story/news/local/2017/03/11/state-appoints-two-attorneys-defend-flatoff/99007406/

The state public defender's office appointed two attorneys to represent accused gunman and hostage-taker Brian T. Flatoff.

Eric Maciolek of Green Bay and Richard J. Johnson of Milwaukee become the seventh and eighth attorneys to defend Flatoff in Winnebago County Circuit Court.

Last month, Flatoff told the court that he wanted "an attorney who has trial experience with a case of this magnitude, as I intend on going to trial."

Flatoff's previous six attorneys left the case for a variety of reasons.
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Judge: Brian Flatoff risks forfeiting his right to attorney

http://www.postcrescent.com/story/news/local/2017/07/12/judge-brian-flatoff-risks-forfeiting-his-right-attorney/464183001/

Winnebago County Judge John Jorgensen warned accused gunman and hostage-taker Brian T. Flatoff that he risks going to trial without an attorney if he doesn't change his disrespectful behavior toward the public defenders appointed to represent him.

"If I do find that, by your actions, you have forfeited your right to an attorney, the trial will continue, and you would have to represent yourself," the judge said.

The statement came Wednesday after Jorgensen granted a motion for public defenders Richard J. Johnson of Milwaukee and Eric Maciolek of Green Bay to withdraw from the case because their relationship with Flatoff was irrevocably broken.
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Flatoff dismisses attorneys, will represent himself at trial

http://www.postcrescent.com/story/news/local/2018/01/17/flatoff-dismisses-attorneys-represent-himself-trial/1038070001/

Winnebago County Judge John Jorgensen on Wednesday granted a motion by public defenders Eric Heywood and Ben Szilagyi to withdraw as Flatoff's attorneys. The move came at Flatoff's request. He said Heywood, Szilagyi and the previous eight public defenders who worked on his case were incompetent and ineffective.

“Assigned public defenders have proven successful only at delaying my trial and judicial proceedings," Flatoff said. "Public defenders have deliberately hampered my defense.”
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In a separate motion, Flatoff changed his plea on the charges from not guilty to not guilty by reason of mental disease or defect. The court ordered that Flatoff undergo a medical evaluation.

"Now we're having two trials," Winnebago County Deputy District Attorney Scott Ceman told USA TODAY NETWORK-Wisconsin. "I have to prove beyond a reasonable doubt the offenses charged. If he's found guilty of one, some or all of them, then we'll start the insanity trial with the same jury."
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Judge: Wisconsin Attorney General Brad Schimel won't testify at Brian Flatoff trial

https://www.postcrescent.com/story/news/local/2018/02/13/judge-wisconsin-attorney-general-brad-schimel-wont-testify-brian-flatoff-trial/329640002/

Flatoff will represent himself at trial in Winnebago County Circuit Court. He didn't specify why he wanted Schimel to testify. Disclosing a reason, Flatoff said in a Jan. 20 letter to the court, would give the prosecution an unfair or tactical advantage into his strategy.

Judge John Jorgensen subsequently blocked Flatoff's effort to call Schimel as a witness. He did the same regarding Michael Sasse, a special agent in charge for the Wisconsin Department of Justice.

"Unless provided more information, the court is prohibiting (Schimel and Sasse) to testify in this case in that they have no firsthand knowledge and were not directly involved in the investigation," Jorgensen said in a Feb. 2 letter to Flatoff.
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A man who has been representing himself during his trial for a deadly motorcycle shop standoff has been appointed an attorney to take over for the remainder of the trial.

Brian Flatoff is standing trial for 16 felony counts related to the 2015 hostage situation and standoff at Eagle Nation Cycles.

The trial started March 5 with Flatoff serving as his own attorney. On Thursday, he asked Judge John Jorgensen if he could have an attorney represent him. The judge appointed standby council Ben Szilagyi to serve as Flatoff's attorney.

http://www.wbay.com/content/news/Ju...sent-Flatoff-at-standoff-trial-476286173.html
 
Brian T. Flatoff was found guilty of 14 criminal charges, including felony murder. A second phase of the trial will be held Monday to determine whether he was impaired by a mental disease or defect at the time of the crimes and whether he had the capacity to appreciate the wrongfulness of his conduct.

The jury found Flatoff guilty of two counts of attempted first-degree intentional homicide, conspiracy to commit first-degree intentional homicide, taking hostages, false imprisonment, felony murder, failure to comply with an officer's attempt to take a person into custody, possession of a firearm by a felon, and six counts of felony bail jumping.

The charges carry a maximum penalty of 296½ years in prison.

https://www.postcrescent.com/story/...sts-case-after-calling-one-witness/392148002/
 
Jury rejects insanity defense in Brian Flatoff trial

https://www.postcrescent.com/story/news/local/2018/03/12/psychologist-testifies-flatoff-didnt-suffer-mental-disease-during-deadly-standoff/413815002/

A Winnebago County jury determined Monday that Brian T. Flatoff didn't suffer from a mental disease or defect during the Dec. 5, 2015, deadly hostage standoff at Eagle Nation Cycles in Neenah.

The verdict means Flatoff is responsible for 14 felony convictions for his actions that day.

Judge John Jorgensen scheduled sentencing for May 16 in Winnebago County Circuit Court.
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https://www.postcrescent.com/story/news/2018/05/16/brian-flatoff-gets-100-year-prison-term-neenah-hostage-case/599723002/

Brian T. Flatoff will die in prison for the crimes he committed during a deadly December 2015 standoff in Neenah.

Winnebago County Judge John Jorgensen sentenced Flatoff to 100 years in prison Wednesday, citing his numerous criminal convictions and his "horrible character, lack of rehabilitation and lack of accepting responsibility."

"I'm finding it is necessary to incarcerate you for the remaining period of your life to protect the public and to reflect the seriousness of this offense," Jorgensen told Flatoff.
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