KENOSHA COUNTY, Wis. — Judge Angelina Gabriele scheduled a hearing to consider prosecutors’ motion to double the bail for the two defendants charged in the 2003 Vanderzee murder case. However, both defendants have filed for a substitution of judge—a legal move that calls into question the future of that hearing and raises additional concerns about judicial authority and timing under Wisconsin law.

Paid Advertisement

On Friday, attorneys for Roxanna Vanderzee-Collins and John Viskocil each filed formal requests for a new judge under Wisconsin’s one-time substitution rule. The law grants every criminal defendant the right to request substitution without stating a reason, so long as the request is made before a judge is officially assigned to the trial phase—something that, by law, might not occur until after the preliminary hearing and “bind over” to one of the circuit courts.

Paid Advertisement

That is, even though Judge Gabriele’s name appears on the criminal complaints, she might not be considered the assigned trial judge until a commissioner finds probable cause that a felony was committed and binds the defendants over for trial. That has not yet occurred in either case.

Paid Advertisement

Local criminal defense attorney and legal author Michael D. Cicchini weighed in on the legal wrinkle.  “There is recent case, a Kenosha case actually, in which the appellate court wrote that ‘a judge becomes the trial judge at bind over.’ But bind over does not happen until the preliminary hearing is held or waived,” Cicchini told Kenosha County Eye. “As stated in this recent case, if ‘a judge’ does not become ‘the trial judge’ before the bind over, Judge Gabriele might not hear the motion.”

Paid Advertisement

When asked how likely it is that Judge Gabriele will hear the motion, he speculated that she would.  “I haven’t yet had to research this unusual issue for any of my own cases, so there could easily be a case or statute that carves out an exception for bail hearings, and I’m just unaware of it.”  He added, “Because the DA filed the motion and the court scheduled it, I’m sure they are both aware of the on-point law, or they wouldn’t have filed or scheduled the motion. But if they’re right, the defendants are in a really bad spot.” 

Paid Advertisement

When asked why, Cicchini explained: “The defendants filed substitution of judge requests. They filed them early, before the trial judge has been officially assigned. That was perfectly legal to do, as the appellate court recently decided.  But now the judge knows it. And now that same judge, that the defendant said ‘I don’t want’ and filed a substitution against, is going to decide whether to double their bail. I don’t like the sound of that.”

Paid Advertisement

Returning to the case, we asked Cicchini what will happen at the bail hearing.  “Well, if the judge has authority to hear it, the hearing will be held and the judge will decide the motion. If the judge does not have authority, the defense lawyer will no doubt object to the court even hearing the state’s bond motion to begin with.” 

Paid Advertisement

Prosecutors with District Attorney Xavier Solis’s office are asking for bail to be raised from $500,000 to $1 million apiece for both Vanderzee-Collins and Viskocil. The motions argue that the crime—an execution-style killing of David Vanderzee, shot multiple times in the back of the head—warrants a higher bond. Solis has emphasized that both defendants have no ties to Kenosha County and had evaded justice for over two decades. The requested bond aligns with what is typically expected in local homicide cases.

But whether Judge Gabriele will be able to rule on that motion remains unclear.

Gabriele, the former Deputy District Attorney under Michael Graveley (D), has a long history with the prosecutor’s office. Since Graveley’s departure and the election of Solis, some in the legal community have speculated whether Gabriele will shift her posture—or remain entrenched in her past alliances.

A Kenosha County Eye investigation published in April, 2024 found that Gabriele is the most frequently substituted judge in Kenosha County. Defense attorneys routinely request substitutions, citing concerns about impartiality and bias.

The upcoming hearing—if it proceeds—was expected to serve as an early litmus test of Judge Gabriele’s judicial independence under a new prosecutorial regime. Now, it may become a procedural battle instead.

No new judge has yet been assigned to either case. Collins is currently free on $500,000 cash bail. Viskocil remains in custody.  Judge Gabriele has scheduled the bail hearing, at least for now, for June 11th.