State Crime and Court Roundup: Supreme Court to decide whether surrogate mother should be able to share custody of child she created for another couple

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MADISON - The State Supreme Court is being asked to decide whether a surrogate mother should be able to share custody of a child she created for another couple.

David and Marcia Rosecky of Menomonee Falls drew up a legal agreement with long-time friends Cory and Monica Schissel of Columbus, in which Monica was artificially-inseminated. Monica was supposed to give up all legal rights to the child, but she changed her mind and David Rosecky filed suit. At a trial last year, a judge let Schissel have the child every other weekend. Rosecky appealed, saying the original surrogate agreement should be enforced. Yesterday, an appeals court refused to rule on the issue. They passed it on to the Supreme Court, calling it a matter of statewide importance. Schissel argues that her surrogacy agreement was in conflict with state laws on payments for adoptions.

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Authorities say both alcohol and speed were apparent factors in a one-vehicle crash in Washington County that killed a 44-year-old man from the town of Lisbon. The mishap occurred late yesterday afternoon in Richfield on Highway 175. Sheriff’s deputies said the man was driving up a hill when he lost control on a curve and hit a utility pole. Officials said the highway was slippery at the time due to rain. The victim was not wearing a seat belt. His name was not immediately released.

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A Sheboygan woman and her daughter are both charged with aiding a felon, for allegedly hiding a gun that killed a man almost two months ago. Bond was set yesterday at 75-hundred dollars for 41-year-old Carol Gilligan. A five-thousand-dollar bond was set for 18-year-old Lydia Smith. Both are due back in court next Wednesday, when a judge will decide if there’s enough evidence to order a trial. Brandon Davis was shot-to-death June 16th in a Sheboygan house where the two women lived at the time. Prosecutors said they were in another room when four men started arguing, and a gun went off. Police said the women told inconsistent stories about where they were at the time, and they claimed they didn’t know the men. Smith said Ronnie Polk threatened to harm her if she didn’t hide the murder weapon. An informant told officers that Smith had tried to sell the weapon. The 27-year-old Polk is charged with reckless homicide and possessing a firearm as a convicted felon. The judge and the lawyers will review the status of the case during a conference on August 22nd.

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