Motion Denied: State v. Maryrose Wolfe

(Long read involving Brady issues but worth it.)

This was a case involving felony possession of drugs (mushrooms & THC) and OWI drugs from October of 2023. The defendant entered pleas and the case was concluded, after having a previous motion denied before the late Honorable Judge Huber.

Today, we had another motion hearing on this case (post-conviction motion) for the following 3 reasons involving newly discovered evidence:

- New evidence discovered of Officer Justin Malueg fabricating a traffic stop. (State v. Murphy)

- New evidence discovered of felony OWI case (State v. Jacobs) dismissed by DA’s office, due to Officer Malueg’s previously fabricated traffic stop.

- Columbia County’s assessment of Officer Malueg.

Now, let’s break these down, using documentation (proof/fact) to help understand why justice was served today and a strong message was sent.

- Let’s start with the 2023 State v. Murphy case. In May of 2025, DA Turner/ADA Simono released a memo stating that I had conducted an illegal traffic stop. She stated that I had pulled a vehicle over for absolutely no reason (other than a hunch) and then ran the driver to find that he wasn’t valid to be driving. My Police Chiefs (and the Outagamie County DA’s Office) and I found that this was not true. I actually had TWO valid reasons for the traffic stop. The problem is, DA Turner and Sheriff’s Office Administration neglected to perform the proper record checks through the FBI database to see that I had ran the license plate AND registered owner (not valid to drive) BEFORE the traffic stop - hence a justified stop. The vehicle also had a headlight out, which I had forgot to add in my long-form report but included it in my citation narrative - hence the 2nd justified reason for the stop.

- In the 2022 Jacobs case, I had arrested a subject for OWI 4th offense. DA Turner/ADA Simono filed to have the case dismissed, using the Murphy case as grounds to determine that Officer Malueg was no longer a credible witness.

- In the Columbia County DA issue, DA Yaskal made a determination that she would no longer be prosecuting any of my cases. No explanation. No reasoning. No responses. Nothing. We could only assume that it was because of the previous 2 cases stated above, but she wouldn’t respond to my Chief or I. (By the way – the defense attorneys today used a newspaper article to obtain this information – they, themselves, couldn’t even obtain actual documentation explaining DA Yaskal’s reasoning for the no prosecution determination.)

In May of 2025, my Poynette Police Chief and I met with DA Turner and ADA Simono in Waupaca (audio is available on my Facebook). We were treated with disrespect and even when DA Turner was presented with factual information proving the traffic stop was justified, she doubled down. She then claimed the camera times didn’t match. We obtained records to show this wasn’t accurate. She doubled down. We then obtained radio transmission records to further justify the stop. She again, doubled down. The meeting ultimately ended with them walking out on us after my Chief asked them what the process was for reporting dishonest District Attorneys.

Fast forward – this brings us up to today’s hearing. A subject with felony drug charges and an OWI charge asked the court to reconsider her conviction based on Officer Justin Malueg’s untruthfulness. If this were granted today, this could have opened up another whole can of worms. This could have been grounds for previously litigated cases to come forward and ask for a reversal in conviction. Thanks be to God that the Court saw in between the lines on what they attempted to do today – and DENIED both of their motions.

I have said it once and I will say it 100 more times - there are two things that the other side absolutely cannot stand: 1. Being presented truth based on factual documentation AND 2. Being treated with kindness & respect while doing it.

Thanks for your continued support - it means the world to me and my family!

Vote for Change in Waupaca County November 3rd!