aa/aa/zats am: ":53 FAX STATE OF WISCONSIN CIRCUIT COURT WINNEEAGO COUNTY STATE OF WISCONSIN. Plaintiff, CRIMINAL COMPLAINT vs. JUSTIN L. MIELKE. DOB. 08/30/1981. Defendant. in mi? Count 1: 1s'r SEXUAL ASSAULT or A CHILD UNDER A'om--c-U'l CRIMINAL CHARGE The above-named defendant on or about August 4. 2009, In the City of Menasha, Winneba County. Wisconsin. did have sexual intercourse with a child under the age of twelve. --, contrary to see. WIS. State, a class a Felony, and upon conviction may he sentenoed to a term of Imprisonment not to exceed sixty (60) years. And furthermore, Invoking the provlelone of Wisconsin Statutes 939.515ltr) and 13), the defendant being 18 years of age or older at the time of the offense, the court shall Impose a bifurcated sentence under s. 913.01. The term of the confinement In prleon portion of the bifurcated aentenoe shall be at least 25 years. Otherwise the penalties for the crime apply. subject to any applicable penalty enhancement. Count 2: SCHEDULE IV DRUGS The above-named defendant on or about August 4. 2009. in the City of Menssha. Winnebago County, Wisconsin, did deliver controlled substanoe, to-wlt: Klonopin, contrary to sec. Wis. Stats. 1! Class Felony. and upon conviction may be fined not more than Ten Thousand Dollere or Imprisoned not more than slit (6) years, or both. And tile Court may suspend tile defendent'e operating privileges for not less than six (6) months nor more than five (5) years. If the defendant's privileges are already suspended, any suspension Imposed must be served consecutively. Count 3: EXPOSING GENITALS OR PUBIG AREA The above--named defendant on or about August 4, 2009, in the City of Menasha, Winnebago County. Wlsoonsin. for purposes of sexual arousal or gratification. did expose his genitals to a child, contrary to sec 948.100), Wis. State, a class A Misdemeanor, and upon may be fined not more than Ten Thousand Dollars (510.000), or imprisoned not more than nine (9) months, or both. 6/11/2009 aa/as/zats won that FAX STATE OF WISCONSIN - VS - L. MIELKE AFFIDAVIT IN SUPPORT OF CRIMINAL OMPLAINT Gogginol. Venne, at the Winnebago County Attorney's Office, being first duly sworn on oath and In that capacity has knowledge of the following: Your affiant is intormed from the reports of the Menasha Police Department kept in the normal and ordinary course of business in which your aftiant believes to be truthlul and reliable and have provan so on numerous occasions in the past that on or about August 5. 2009 Ofltcer A. Gollner at the City of Menasha Polloe Department was dispatched to 1332 Traders Road Apt #16 in the city of Mehasha. Winnebago County. Wismnsin tor a report of a sexual assault. Officer Gollher reports that upon arrival she spoke with--who stated that her son had told her that her daughter--had something done to her the night betore by the babysitter JUSTIN L. MIELKE, D.0.B. Volinak stated that Mielke is-- he babysat for-an August 4, 2009 at her residence whlle she was at work. Officer Gollner reports that-was Intewlewed by Officer G, Tralongo oi the City of Menahsa Police Department. who Is a trained toreneio interviewer. at the Child Advocacy Center on August 6. 2009. - stated that on Tuesday she was in her mom's bedroom at their apartment In Menasha lookan at pictures at her grandmother's house on the laptop when Mialke came in. - stated that Mielke asked her '00 you want to have sex with me?" and -stated that she told - stated that after that, Mielke took a purple vibrator and put It in her pee pee while she was not wearing any bottoms or panties. -atatad that Mielke had gotten the vibrator tram the and It was on when he put it in her pee pee. - identified her pee pee in the interview as her private. - stated that she felt unoomtortable and weird because this had never happened to her before. -stated that Mlalke also tried to put panls in her pee pee but It was too blg. - stated that Mlalka's penis poked her pea pea. -stated that Mialka's penis was big, round, 8/1 1/2009 2 aa/aa/zats was ":53 sex i STATE OF WISCONSIN - VS - L. MIELKE and It had an oval on top. - identified a boy's private as a penis during the Interview. - stated that Mielke'e penis was hard and it was pointing up in the air. -statsd that Mielke kept rubbing his penis and at one point, he took KY Jelly and put it on his "wiener." -slatecl that at one point. "white stuff" came out of his penis and went on his stomach. -said she had never seen the white stuff before. -slated that Mielke told her not to tail anyone what happened and to keep It a secret. -stated that she told her brother what happened. - stated that she told Mielke to stop when everythan was happening. - also stated that she takes Clonidine before bed so she can sleep, but on Tuesday Mielke gave her Klonopin because there was not enough of her medication. -stated that the Klonopin made her dizzy and Mlelke gave her the Klanopin betore he asked her to have sex. Omcer Gollner reports that she consulted the Drug Identification Bible and Klonopin is a brand name at clonazepam, which Is a Schedule IV Drug. Officer reports that on August 6, 2009 she went to .'s apartment on Traders Road and located a tube at KY Jelly underneath the bed in .'s mom's bedroom. Officer Gollner reports that she also Wlieclsd a purple vibralnr imm the Traders Read residence. Ofllcer Gollner reports tha_ made phone contact with Mielke on August 6, 2009 and Mielke did admit to giving - Klonopin. Mielke denied that anything else happened With -. Your alliant believes the statements of .and -- to be truthful and raiiable in that they are based upon their own personal knowledge. observations. and beliefs. It is believed the statements of Justin Mielke are made contrary to his penal interest. All at the above incidents occurred in Winnebago County. Wlsoonsln. WHEREFORE. as said affiant verily believes and prays that the said JUSTIN L. MIELKE might be arrested and dealt with according to law. plainant 8/1 1/2009 3 03/09/2016 WED 14:54 FAX 005/005 STATE OF WISCONSIN - VS JLISTIN L. MIELKE Subscribed and sworn to before me and roved for filin this (1 deyof ?asco .2000. Defendant's Date of Birth: 08/30/1901 Address: 1444 3RD ST. KIMBERLY. WI 54136 Physical Description: Height: 5 ft 11 In I Weight: 215 I rown I Hazel Assists ego County.Wisconein Prosecuting Attorney: Tracy A. Peider/rns 3/1 1/2009 4 v?H?I?hh?I-h-h-IH --