Nicholas Fisher 
Nicholas Fischer 686806 KMCI
52024
Hello Peg swan, love the name. I am Nicholas Fisher inmate at Kettle Moraine Wisconsin. I am writing to you because I am in desperate need of real help. Thank you for finding the time to read this. I'm sure you are very busy. I have so many issues in my case and it's a mess. I apologize for just jumping in here but here I go.
First and foremost I was arrested in 2019 18th of March. As of Me writing this 19th of May over 5 years now and still have never seen or received my full discovery. I am currently writing and waiting to hear back for the second time from appellate's office on Final Notice to get my Discover before I move to court for demand. In the meantime while waiting on that I am currently working on 974.06. My judge 6th Branch Green Bay. John P Z a k o w s k i.s term is up this year and he may be retiring. So I'm trying to file review here to see what all the records department has so I can keep hopefully all transcripts. I do have a plea hearing and sentencing transcripts but I need to make sure of what has been said in all transcripts so the DA can't use something I say that I just remember against me.Cover all bases.
In 2019 I waited two and a half months getting appointed George s P a p p a s Junior and one week later without having my discovery he waved my preliminary hearing. Now I have never been through this before and have no idea what is happening or what to do in any Court, he never responded to the letter or prepared me for court he just kept telling me to wait for discovery. Well here I am in 2024 well after appeal still waiting for discovery. No plea hearing transcript.(sorry this letter is going to be all over the place like I said I have a lot here. I'll try to condense as much as possible).
Transcript reflects that there is” defective colloquy”, State V. B a n g e s t, 131 W Is 2D 246,389. n. w. 2D 12(1986).Transcript clearly shows Mr Pappa's never went over the constitutional rights with me, then lied about it to the judge; then the judge stripped to me of my constitutional rights.
Page two line 5-25 :5; we’re on for potential plea hearing and I've been handed a plea questionnaire and waiver of Rights form.
court,7:Nicholas, “I'm going to ask you some questions about this form. I know you signed it today. did you have enough time previously to go over all the information in this plea form? “
11:me:I'm sorry 12:Court: have you had enough time to go over all the information and plea form? 14:me: oh yeah 15:Court: with your attorney? 16: me: yep 17: Court: this is a no contest please. it says you're 39 years old. you got through 10 years of school? 20me: yup 21 Court: all right .me 22 sorry it's a little hard to hear. 24 court: that's all right, I don't have a very loud voice.
page 3, one through 25: Court. now attorney Pappa's, did you go over his constitutional rights with him? 3Pappas;I did yes .-4Court, all right they're not-( can't read) 5 Papas: I didn't check them?6 six Court I'll check them off, Nicholas you understand you could have had a trial in this matter?9 nine: me yes( here I'm just following along not knowing I was waving my rights) 10: court and all of those trial rights are listed as constitutional rights, that's the right to testify or not test. you have a good attorney and could have presented evidence on your behalf, cross examine the states Witness. 15, yes. 16. court: the state would have to prove its case, every element Beyond Reasonable Doubt and then it would have to be a unanimous jury verdict. by entering your plea today you're giving up your rights to a trial. do you understand that?
21 me yes 22 quart: attorney Pappas, I've looked at the complaint previously. are there enough facts you can stipulate to that would form a sufficient basis to accept this free today? page four Mr Papas: yes there are. the rest of this transcript the court asks” a few things put these on record even though I know you went over it with attorney Pappas” the question that Papa's did not go over because showing the boxes were not checked were “deportation” “ I cannot vote” “ I can't own firearm or body armor”, asked if” anyone make any threat or promises or do you feel pressured in any way and having to sign this plea questionnaire” me: “No sir” ( I should have said yes). page 5 I could sentence up to the maximum if I thought it was appropriate. Do you understand that? me yes-
From here it finds me guilty without following 977.08 procedure and the court mandated duties and state v B a n g e r t mandate. Here the judge stripped me of my constitutional rights, entering an incomplete plea, for and at no time did I articulate a plea for the record. I was never asked at no time for a plea. Attorney is not allowed to speak for me. I know from memory that throughout every Court I never pled also and sentencing all the DA did was mislead the judge and if the statement was in my discovery that I submitted to the PSI I can prove the DA and PSI committed perjury at sentencing. and using illegally obtained evidence that attorney Pappa's failed to suppress. The arresting officer approached me, asked my name and took my iPad out of my hand. I have an arrest report saying he asked me my name and asked to see my iPad. If there is a body cam footage of arrest and Discovery I could prove this. but again I have never seen full discovery. This would be perjury and Fourth Amendment falsified police statement. Yes, well after he took it out of my hand he did ask to see it. 5 minutes later and I did give him passcode but he already took it out of my hands and no “ exgent” circumstances or warrant. from what I remember at the probable cause hearing the courts issued warrant then for iPad based on erroneous info and (??)”.”I need to see all the transcripts to prove that all that's in my memory is right.
Appeal attorney Matthew JBorkover of Remley and Sensenbrenner SC files motion and fails to bring up Bangart and plea Q and waiver issues. After our first court together and multiple requests for Discovery he failed to bring before court. He finally gives me the pleas hearing transcript then I find the boxes not being checked and in the law library find SIV Lopez Outlining all this ask attorney why he never moved on this. and no discovery throughout the plea multiple times pushing me to back out saying it will be hard and too big of a risk that I could get over 60 years. This is vindictiveness. I find years later. the judge in court did say I have appealable issue but after argument and still at this point never seen discover I stupidly backed out of an appeal.
Here is all the issues that inmates have brought to my attention( I'm sorry I can't spell and I'm writing too fast) first and foremost 5 years of illegal incarceration, no Discovery, never seeing a shred of evidence to justify my incarceration. multiple ineffective Council on two attorneys. I never plead. Court stripped my rights 4th 5th 6th 9th and 14th amendments, civil and unusual punishment. False Imprisonment,. Due process, B a n g e r t violation 971. 971.; the witness in violation of failure to act, I can show Reasonable Doubt, perjury on PSI and DA. I'm sure there's more.
I'm innocent until proven guilty nothing in five plus years have I seen that proves Beyond a reasonable doubt that justifies my incarceration. since I never articulated a plea on the record because the court failed to ask me directly for a plea and my attorney is not allowed to enter a plea on my behalf. I am supposed to be asked directly. So since I never weighed my constitutional rights and attorney failed to inform me that my rights were to be waived and clearly never went over them with me by clear evidence of not checking off the appropriate boxes that indicates to the court and record that attorney reviewed with me. I never waved my constitutional rights causing the court to check off the boxes after I signed. entering an invalid and incomplete waiver of Rights for him and defectively plea colloquy. For the past 5 years I've been falsely imprisoned. I never had no time on the record contest To this incarceration and confinement. My conviction must be vacated as a matter of Law and this case must be dismissed with prejudice. As you see I need real help from a real attorney. I'm having a hard time reading cases that outline these issues and I'm drowning myself in notes, case law statutes. I have a 97406 packet from the LaIP and book they refuse me after waiting a year and a half and because I backed out of appeal I have no help from apellate office. I need Discovery. Inmates refer to Brady violation but I don't think that will work. I have real issues and feel there is enough here to just go on what I have. I'm trying to get this vacated and dismissed due to all these violations. I need help is there any lawyers out there that will take this? I'm running out of time and don't want another judge on this and the DA will shut me down if I mess this up. This is my last chance. Please help me I can send you anything anyone needs. I have real constitutional issues and lawsuits. I know I said yes to the questions of Judge asking that screws me on knowing voluntary intelligence but the plea questions on transcripts, lack of knowing I was waving my rights. and judge never ensured I knew the nature of the charge and I never seen the jury instructions to this day. I still really don't understand the charge at all that much first degree is rape and penetration. nowhere in these allegations is it said for me to plead down to 2nd and without Discovery I know there's no proof. I have a defense written up I want to submit to court. based solely on all I see the criminal complaint. I have a few letters from appeal attorney saying after appeal he's sending me some relevant part. All he sent was the cop being in my iPad and criminal complaint and plea transcripts after our first appeal. hearing.I had to buy the sentencing transcription.If they have more transcripts here I'll have to buy them too. Please help me I'm innocent and all of this. It's not up to the other inmates to work on my case That's why we get attorneys All they did was wave my rights and put me in here I know I'm not saying everything here there is more.
Thank you for taking the time to read this.i can send you anything I have. Please don't just deny this. I've been shut down too many times already. Once they get you in here nobody wants to look at me.
PS I wrote to Pro save partners, no response and wrote and sent the copy to the US Department of Civil Rights( gives full address) sent them a copy of the police report of them in my iPad but have not heard back hopefully by the time you get this out here back but about Discovery and see what transcripts are here. Please don't deny me. I have real issues and need real help. Please Thank you .peg
FFUP first response:
Nicholas Fisher 686806 KMCI
53024
Hello Nicholas,
It is 5am and I just spent three hours on your letter- transcribing it using a free computer app. Your phrase” I am drowning in docs and notes etc- resonated with me - I am drowning in prisoners’ letters, emails and calls and yet am determined to do all I can to see you get a voice- or at least a reading by me. So I read all but I can get to only some.
I transcribed it because I need to send it via corrlinks to a main FFUP litigator guide and because It gives it a better chance to be read by any one- I include a copy of the transcript in case you have others to send it to .
I have never had luck securing a lawyer although I have been asking for lawyers to take on class actions. So this will go to prisoner litigators that I work with and a newly released prisoner who is now working for a law fir as a paralegal. He has got himself out thru lawsuits and wrote the supermax classaction. He is also swamped at present but has agreed to screen cases for us- he will look at any of your submissions and give advice-so that is what I have- plus FFUP has other programs and I will see you get a newsletter- I am the intake worker for FFUP, founder and co-director and we have no staff- we have some great volunteers but not for intake and we have little outreach as yet- People come and go as burn out is endemic- hard stuff to do. Lots of pain.
You need to answer questions on the form I will paste below- A focused statement in one page of what you just wrote in 8 pages- send to me and I will pass on
And with that ,you can consider us connected - we begin.This will go in the mail tomorrow the 31 of may and you will get it in two weeks or three. We will nix text behind sometime soon but for now- keep in good heart .I do not believe in accidents are we are all here to learn -you are at the right place t right time for your spiritual growth- that is always painful but leads to deep joy.
Yours, in friendship, Peg Swan
Forum For Understanding Prisons ( FFUP)
29631 Wild Rose Drive; Blue River, Wi 53518; A 501c3 non profit
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Nicholas Fischer to Matthew Stechauner, litigator guide
Letter of many pages and then this summation:
Nicholas Fisher 686806 KMCI
Post marked 7224
Case summation
Case #19CF451/judge John P Zakowski
Brown County /Circuit Court/ Branch 6 WI
March 18th 2019 arrest- officer walked up and took my iPad out of my hand without warrant or exigent circumstances,. Later asked “can I see this:, then asked for passcode that I gave. I have not yet seen body cam to prove this. From what I remember, probable cause hearing March 20th 2019 issued a warrant for iPhone by simply saying” And I guess there's another device” without cause or who or what. Trial Council filed no motion to suppress, prosecution used illegally obtained evidence to persuade sentencing. I have never seen Discovery from arrest to appeal, trial Council failed to review case, defense or show me discovery. Council waived prelim 6 days after first seeing me and order for discovery. Judge accepted incomplete plea Q and waiver of Rights form. Trial Council never checked off the waiver of constitutional rights, he never went over with me, I signed form, the judge checked off the boxes shown in prehearing transcripts. Judge failed to comply with procedures of section 971,08 And court mandated Duty set by State v B a n g e r t. I also never was asked for a plea, At no time did Judge ask “Mr Fisher how do you plea.” No pleas articulated for the record.In direct appeal attorney failed to raise any of the above matters. I currently filed a demand for Discovery and 974.06 on June 3rd 2024 the same day, after many attempts to receive discovery, I get a USB with supposed transcripts and discovery- five plus years after arrest. I am currently awaiting for judgment on 974.06 and never seen discovery and above material.Also currently I'm still waiting for KMCI to let me review discovery. I am in the hole. KMCI staff shortage. I'm going to Max 60 days after June 4th 2024. in 2023- 2024, January to January, Waupun Lockdown; trying to bet on the lawsuit for 23- 2024 .
Sum of sum
I had a direct appeal. now I filed a 907.06.I have plea hearing transcripts and sentencing transcripts. 2024 June 5th received a USB supposed transcripts and discovery. 5 years 4 months after arrest. have not been able to review this as of me writing this. I have appeal attorney brief, criminal complaint, AKA police narrative sheet, arresting officers report
I reached out to LAIP, was denied.
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