Kenosha Man’s Case Headed to Supreme Court – Appeals Court Rips Kenosha Defense Attorney For Serious Violations Of Rules

Copied!
Kenosha Defense Attorney Frank Parise Source: Facebook

Keith C. Henyard, 37, of Kenosha was charged with a handful of drug felonies back in 2016. For a felony case, one of the steps for the defendant is a preliminary examination. These are typically overseen by non-elected court commissioners. They act very much like judges. They can sign warrants, dismiss cases, etc. On December 28, 2016, Kenosha Commissioner Frank Parise was assigned to handle the preliminary hearing of Henyard. At the hearing, Parise made the ruling that there was, in fact, probable cause that Henyard committed a Felony and bound him over for trial. About 5 months later, Henyard hired Parise as his defense attorney for the same case. This is a violation of the Wisconsin Supreme Court Rules. A lawyer cannot represent a client when he or she has a direct conflict such as this. Henyard hired a new attorney and asked for a re-sentencing and/or to withdraw the plea-deal. The Judge denied this request. Parise told Judge Schroeder on February 4, 2019 that he did not recognize Henyard “at all”; he believed he had done a conflict check before agreeing to represent Henyard but did not “catch” it. Judge Schroeder said that Parise made a mistake and it shouldn’t have happened. Henyard appealed this decision to the Wisconsin court of Appeals alleging among other things, “ineffective assistance of counsel”. The Appeals court ruling, which can be read here, says in part: “we agree with the Dissent that Parise’s representation of Henyard raises serious institutional concerns” and “Parise’s prior service in the role of court commissioner requires our exacting scrutiny”. The Appeals Court ultimately denied Henyards appeal by a 2 to 1 vote, but the dissenting opinion is more critical of Parise. Judges Lisa Neubauer(D) and Mark Gundrum(R) comprised the majority and Judge Paul Reilly (R) dissented.

Paid Advertisement

Dissenting Opinion Rips Parise

Paid Advertisement

Judge Reilly said in his dissent that Parise violated at least 2 Supreme Court Rules. He starts the document by writing:

Paid Advertisement

“Court Commissioner Frank Parise bound Keith Henyard into the criminal justice system and then sold his legal services to Henyard as the one who could get him out. Our supreme court prohibits a court commissioner from engaging in any financial or business dealings that could “[r]easonably be perceived to exploit the judge’s judicial position,” SCR 60.05(4)(a)1.a.”

Paid Advertisement

and

Paid Advertisement

“Five months later, on May 22, 2017, Parise and Henyard “talked.” Henyard went to Parise’s office three days later, on May 25, 2017, and then again on May 26, 2017, where he “physically” gave Parise money. Parise testified that he did a conflicts check, which showed the conflict, but “I didn’t catch it.” Parise claimed no recollection of Henyard, Smith, or the details of Henyard’s eight crimes having been before him five months earlier. Parise testified that Henyard hired him “to cut a better deal.” Parise sold himself to Henyard as the one who could “cut a better deal.” “Parise had no control over what the sentencing judge was going to do, but he implied that he did.” “

Paid Advertisement

And the most scathing:

Paid Advertisement

“Even if one believes Parise’s memory loss, a reasonable court commissioner/judge would have known of the conflict. It strains credibility that Parise,after speaking and meeting with Henyard multiple times, reviewing the complaint and discovery, speaking with Smith, and performing a conflicts check which showed the actual conflict, claims no memory of presiding as court commissioner five months earlier in the same case. The fact that Parise “missed it” when he read his conflict checks does not cleanse the actual conflict that exists.”

Paid Advertisement

And to conclude:

“The State has shown no prejudice to beginning this case anew. Henyard could not consent to Parise’s wrongdoing, and neither should we. Public confidence in the integrity, independence, and impartiality of the judiciary has been challenged enough. We can fix our wrongs in this case, and we should do so. I respectfully dissent.”

Henyard has since filed a petition for review with the Wisconsin State Supreme court. I could take many months to hear if they will accept the case.

Author

Copied!
LATEST NEWS

Kenosha County Scanner Admin Harasses Young Woman for Sharing Post, Reigniting Concerns Over His Criminal Past

Kenosha, Wis. — A 21-year-old Kenosha County woman says she is being harassed by a convicted serial arsonist after sharing one of his Facebook posts in a community thread. The man at the center of the controversy, 48-year-old Allen M. Dunski, Jr, co-manages the Kenosha County Scanner Facebook page with his partner John Broemelkamp. The page charges subscribers $4.99 per month to view posts, which often summarize local police and fire activity. Dunski has previously claimed—without

Read More »

Three Kenosha Police Officers Honored With Life Saving Awards After Reviving Unresponsive Man

Kenosha, Wis. — Three Kenosha Police Department officers were recognized Tuesday morning for their heroic actions that saved a man’s life during a critical medical emergency earlier this year. Officers Kyle Toppel, Charles Lyons, and Matthew Lovell were each presented with the department’s Life Saving Award during the Kenosha Police and Fire Commission meeting today. Their swift and coordinated response on February 15, 2025, helped resuscitate a 59-year-old man who was found unresponsive and not breathing

Read More »
MORE TOP STORIES

High-Speed Chase Ends in Rollover Crash, Injuries and Felony Charges for Kenosha Man

Kenosha, Wis. — A Kenosha man with a lengthy criminal record is facing 14 new criminal charges, including multiple counts of reckless injury and endangerment, after he allegedly led police on a dangerous, high-speed chase through city streets Friday evening, causing a rollover crash that seriously injured at least two passengers. Joshua J. McCarthy, 38, appeared in court Monday afternoon where a court commissioner set his cash bail T $75,000. McCarthy is on a probation hold,

Read More »

Racine County Sheriff’s Deputy Arrested in Domestic Incident in Somers

Somers, Wis. — A Racine County Sheriff’s Deputy is under internal investigation after he was arrested earlier this month for allegedly assaulting his wife during an alleged drunken domestic dispute at their home. According to law enforcement records obtained by Kenosha County Eye, Kenosha County Sheriff’s Deputies were dispatched to a Somers residence around 10:26 p.m. on April 4, 2025, for a welfare check. Deputies arrived to find what they determined to be a physical domestic

Read More »

Receptionist Resigned Amid Allegations of Attendance Record Tampering, District Records Show

Kenosha, Wis. — A receptionist at Indian Trail High School and Academy resigned last month while under investigation for improperly altering student attendance records, according to newly released internal documents from the Kenosha Unified School District. Danielle Nixon, who worked at the school’s front desk and had access to pupil databases, left her position on March 7, 2025, just days after being questioned about potentially unauthorized modifications to student absences. The district’s records, obtained by Kenosha

Read More »

Flag Protest Sparks Vandalism Probe in Kenosha Neighborhood — But No Charges Filed

Kenosha, Wis. — A neighborhood quarrel over a politically inverted American flag spiraled into a month-long police investigation in the St. Peter’s Park neighborhood — and ended with no arrests, no charges, and rising tensions between residents. The dispute began early on March 1, when a couple living on 22nd Street, just behind St. Peter’s Catholic Church on 30th Avenue, called police to report that both of their vehicles had been vandalized. Windshield wipers were bent

Read More »

Retail Theft Blitz Nets Six Arrests at Pleasant Prairie Shopping Centers

Pleasant Prairie, Wis. — A sweeping retail theft blitz targeting organized shoplifting operations at two major Pleasant Prairie shopping centers has led to six arrests and 14 criminal charges, authorities announced this week. The operation, coordinated by the Pleasant Prairie Police Department with support from regional and federal partners, focused on the Pleasant Prairie Premium Outlets and the Shoppes at Prairie Ridge. Charges include felony and misdemeanor retail theft, felony possession of anti-theft removal devices, possession

Read More »

Kenosha Prosecutor Terminated After String Of Misconduct Allegations

Kenosha, Wis. — Assistant District Attorney Paul Lasswell was terminated last week after a series of troubling incidents in and out of the courtroom, according to multiple sources familiar with the matter. Lasswell had been a licensed attorney for less than three months. The Kenosha County District Attorney’s Office would not confirm the termination but did acknowledge that Lasswell is no longer employed there. In a brief statement, the office said it could not comment further,

Read More »

Kenosha Woman Charged With Exposing Teen To Explicit Images

Kenosha, Wis. — A 24-year-old Kenosha woman was charged this week with exposing a 16-year-old boy to sexually explicit images and attempting to mislead police during the investigation, according to a criminal complaint filed Monday in Kenosha County Circuit Court. Destiny J. George faces one felony count of exposing a child to harmful material and one misdemeanor count of obstructing an officer. She appeared in court Tuesday, where Court Commissioner William Michel II set bail at

Read More »

Salem Lakes Woman Charged In Knife Attack On Child’s Father

Salem Lakes, Wis. — A 19-year-old woman from Salem Lakes is facing felony charges after allegedly stabbing the father of her child during a domestic dispute Sunday morning. Tyairah L. Smith appeared in Kenosha County Circuit Court on Monday, where a court commissioner set her cash bail at $5,000. She faces three criminal charges: first-degree recklessly endangering safety, false imprisonment, and disorderly conduct — all with the use of a dangerous weapon and as acts of

Read More »

Public Brewing Company Hosts Customer Appreciation Night – Live Music, Drink Specials, New Food Items, And Free Brewery Tours

Kenosha, Wis. –As a thank you to the Kenosha community who have supported Public Brewing Company through the years, this is a night to celebrate YOU! Public Brewing Company cordially invites everyone to their Customer Appreciation Night on Friday, April 18th from 3pm to 9pm. After changing ownership in August of 2024, Public has doubled down on their Kenosha pride, working diligently to continue as a bright spot for the community to gather over great beer, quality

Read More »

Kenosha Unified School District Installs Vape Detectors to Combat Student Vaping

Kenosha, Wis. — In response to a concerning rise in student vaping, the Kenosha Unified School District (KUSD) has implemented vape sensors in middle and high school bathrooms. These devices provide real-time alerts to school administrators when vaping is detected, enabling prompt intervention. Students found with vaping devices or evidence of use will face consequences in accordance with KUSD policies.​ Vaping involves inhaling aerosol from electronic devices, often containing nicotine and other harmful substances. These devices

Read More »
Categories
Archives
Authors

Add a Comment

Your email address will not be published. Required fields are marked *

LATEST NEWS
Categories
Archives
Authors

Subscribe to updates

Get notified of new articles. We'll never share your email address.