Last month I had to do something that I wish I never had to do. I filed a lawsuit against our new Sheriff, David W. Zoerner. Most people think that he is a good man and will be a great Sheriff. This suit was not based on anything he did, or did not do. This is unlike when I successfully sued Sheriff David G. Beth on August 20, 2020. In 2020, the Sheriff’s department staff made a terrible decision to not release information to me. I sued them, and I won. One of the county’s lawyers, Jennifer Kopp, told me something to the effect of “next time, you don’t have to sue us, just call me.” This would later prove to be an empty statement. I don’t know for sure, until the discovery portion of this lawsuit commences, but at this moment, I believe the fault lies solely with the county’s legal team and county administration. Let me tell you what happened:
I began running several stories about the bad behavior of many of the elected leaders and bureaucrats in the Village of Salem Lakes. This past Tuesday the four incumbents that condoned this behavior, were all defeated handily by challengers. Among those, is local attorney Ted Kmiec, who received the fewest votes and was kicked out of office after a long career in local politics. Here is one article about Kmiec. Here is another. They both had to do with allegedly suspicious deaths. Kmiec and Michael Culat, another trustee in Salem Lakes, both blamed me for their losses in the primary. Culat filed a frivolous lawsuit against me for defamation. Kmiec, chose instead to call the police about me. This is the second time that someone who was on a ballot called 9-1-1 to complain about my factual reporting. The other time was Samuel Roochnik.
On March 8, 2023, Theodore B. Kmiec III (Ted Kmiec) summoned the Sheriff’s Department to his home in Salem Lakes. The 9-1-1 dispatcher typed into her computer “Caller wants to report he thinks a news reporter bugged his house and put a camera in his non-functional doorbell ringer thing on the wall” and categorized the call as “mental person,” signalling she thought Kmiec had mental illness. As tough and hard-hitting as I am, I’ve never been arrested in my 38 years on this planet. My first arrest will not be for multiple felonies for burglary and illegal wiretapping. I will write this quick disclaimer: It is possible that Kmiec was talking about a different news reporter, but the odds are against it. I also reached out to him and he ignored me. You can listen to the 9-1-1 call here:
If you notice, in this call to police, Kmiec clearly identifies himself by first and last name and his voice is completely audible, unmanipulated, and every word can be clearly distinguished. It seems, but is unknown for sure, that his phone number and address are redacted.
I was made aware that Kmiec was making theses outrageous accusations about me. I asked for the police report. No report was generated – only the dispatcher’s notes and location details. Since these bizarre accusations from a man who is potentially mentally ill were made, I respectfully disagreed with the deputies deciding not to author a police report. I then made a plea to Kenosha County Sheriff’s Captain Eric Klinkhammer. I asked him to have the deputies who responded to the call author a report. Klinkhammer, a leftover high-ranking member of KSD from the embattled David G. Beth’s administration, declined my request. He did so very rudely, as he is still butt-hurt from the last time I sued KSD successfully. The body-worn-camera footage was my only chance to see what this deranged man said about me. I requested the body-camera footage. The Sheriff’s Department told me they would get me the body-camera footage in an unredacted, or minorly redacted manor.
Enter Attorneys Joseph (Joey) Cardamone (D) and Jennifer Kopp (D), two bleeding heart liberals that are left-over lawyers from former County Executive Jim Kreuser’s (D) administration . They intervened and told the Sheriff’s Department to redact almost everything. The below video is the most redacted video I have ever seen. This includes videos on Tik Tok, youtube, Facebook and Instagram. Not only did they redact the entire visual frame of the video, the also electronically distorted Ted Kmiec’s voice. Kind of like what they used to do on America’s Most Wanted for an undercover federal agent. If you listened to the 9-1-1 call, you would notice that his voice was unchanged there. Why was it in the video? Why redact everything and distort his voice? Why is the Sheriff’s Department and county lawyers trying to protect Kmiec?
The below video was released and requested under the exact same circumstances. Sam Roochnik called 9-1-1 to complain about my website. They only redacted his face and phone. I could hear his voice. Why was Kmiec treated better than Roochnik?
After I was told that the videos would be heavily redacted, I sued Sheriff Zoerner. Under the law, he is the custodian of all of the Sheriff’s Department records. I had to name him in the suit. So, will the democratic duo of attorneys Joey Cardamone and Jenny Kopp defend this lawsuit that they created? They sure aren’t. With approval from County Executive Samantha Kerkman, they hired TWO high-priced attorneys from Waukesha, WI. I’m just a Private Investigator with no college degree. Kerkman and her democratic lawyers want to make sure that I can’t win this lawsuit. Here is what should make the taxpayers a little irked. There is no contract or engagement letter between the county and Municipal Law and Litigation, S.C. That means, the county will get a bill at the end of this case and they will probably pay between $600 and $700 per hour for the two attorneys, to go to battle with little ole Kevin Mathewson.
One of the Attorneys is Remzy Bitar. He’s a nasty, angry lawyer who takes an all or nothing approach. He has refused to negotiate with me. Once I saw how much Kerkman is willing to spend to defeat me, I reached out to Remzy multiple times to find common ground. No response. Instead, Bitar and another Attorney, Paul Alexy who together have 58 years of experience filed a barrage of legal briefs trying exploit loopholes and get the case dismissed on technicalities. They ignored my position completely. They filed just short of 30 pages of legal briefs. I know the public records laws very well, but theses guys are good attorneys. They are cherry picking case law from obscure cases that have no relevance to this case. Good news here is that Judge Schroeder is assigned to the case. He is a common-sense judge that won’t respond well to politically-motivated lawyering.
Since I don’t want my tax-dollars to go to a nasty, high-priced lawyer, I offered to settle the case. I want the money that I put into the case, and settled for having Kmiec’s voice un-altered so that I can understand what the hell he is saying about me. Kerkman and her lefty lawyers quickly denied the offer. Now that they denied my offer, I will be awarded double fees if I win. They promised to spend as much of your money as it takes to win this small-time lawsuit. I’m not afraid of defeat. I’m 15 for 15 in court. I have to lose sometime, right? But I won’t be giving up. My time isn’t billed at $350 per hour. I enjoy holding the government accountable. I just don’t know why Kerkman and her lawyers want to keep Kmiec’s identity a secret. Are they friends? I don’t know. Something sure is suspicious here. After the lawsuit is over I will make sure to report how much the county spent to keep Mr. Kmiec’s voice altered.
Although I still have hope for Kerkman to be a successful leader, many conservatives, like myself, are disappointed in her first year. She spent 22 years as a solid conservative republican, voting for act 10, right to work, and concealed carry, and now that she’s County Exec, her policies seem to have dashed towards the left. She’s been spending money like it grows on trees, like with this minor lawsuit. She has kept her predecessors’ entire far-left liberal administration. She’s never had a real job outside of politics and she relies on her elected position to pay her rent. Next week KCE will go into great detail about her first year in office.