Change of venue denied in Shorewood spitting case
A judge on Thursday denied a defense request to move the trial of a Shorewood woman charged with spitting at a Black teen out of Milwaukee County or have it heard by jurors from another county.
“I’m not convinced we can’t find a fair jury in Milwaukee County,” said Circuit Judge Glenn Yamahiro.
“In addition, whether or not the hate crime enhancer stands, it’s important we attempt to procure a diverse jury panel,” he said, “and I don’t think the answer to that is getting one from Waukesha or Ozaukee counties.”
Stephanie Rapkin, 64, was charged in
June with disorderly conduct, with a hate crime enhancer, after video showed her spitting at a young Black teen who had confronted her about blocking marchers with her car on Oakland Avenue.
She is also charged with battery on a police officer, a felony, for actions she took during her arrest outside her home the next day. Rapkin has pleaded not guilty to each count.
Citing the extensive publicity about the incidents, her attorney had sought a change of venue or a jury from another county. The defense has also moved to dismiss the hate crime enhancer of count one, and filed a motion to suppress evidence obtained from inside Rapkin’s home after she was arrested
June 7.
The parties started a hearing on the last motion Thursday, and the first witness for the state was Shorewood Police Lt. Thomas Liebenthal. He testified about responding to Rapkin’s home on June 7 and the repeated efforts by police and a friend to reach Rapkin by phone and extensive door-knocking, bell-ringing and yelling outside her house.
Because the friend at the scene said Rapkin had talked repeatedly over the past 24 hours about taking sleeping medication, there was concern for her safety and police eventually kicked in her door.
But because of technical problems presenting video from Liebenthal’s body camera, the hearing adjourned early and is scheduled to resume April 27.
Yamahiro did grant the defense request to sever the two counts against Rapkin, meaning the charges will be tried separately. No trial dates have been set.
In January, a different judge denied Rapkin’s secret petition to change her name, citing the ongoing criminal case. She had said she needed a confidential name change because the normal publication would endanger her since “I am continually harassed and refused services based on my name. I am threatened constantly and need to move where I can be safe.”
Contact Bruce Vielmetti at (414) 2242187 or bvielmetti@jrn.com.