(Kenosha County Sheriff)
KENOSHA COUNTY, Wis. — In a twist that legal observers are calling “judicial musical chairs,” both Roxanna Vanderzee-Collins and John Viskocil have filed formal notices to withdraw their previously filed substitution requests, paving the way for Judge Angelina Gabriele to remain on the case as the likely trial judge.
(File Photo by Kevin Mathewson, Kenosha County Eye)
The filings, submitted Monday, reverse course on the defendants’ Friday attempt to have Gabriele removed under Wisconsin’s one-time substitution of judge rule. That rule allows any criminal defendant to request a different judge without stating a reason—provided the request comes before a judge is assigned for trial. But now, both defendants appear to have had a change of heart.
Legal sources tell Kenosha County Eye that the withdrawals virtually guarantee Gabriele will remain on the bench for what is shaping up to be one of the most significant criminal trials in Kenosha County in years.
The case centers on the 2003 execution-style killing of David Vanderzee, who was found shot multiple times in the back of the head in his Powers Lake home. Prosecutors allege his wife, Roxanna Vanderzee-Collins, and her then-lover, John Viskocil, orchestrated the murder just eight weeks into her marriage to the victim. Both defendants are charged with first-degree intentional homicide as parties to the crime.
A hearing to revisit the defendants’ bail amounts remains on the court calendar for Wednesday, but it is unclear whether that hearing will proceed. District Attorney Xavier Solis is asking Judge Gabriele to raise each defendant’s bond from $500,000 to the more standard $1 million for homicide cases, citing the gravity of the crime and the defendants’ lack of ties to Kenosha County.
As of Monday evening, neither Gabriele nor court administration had confirmed whether the bond hearing would still occur, but legal experts say the latest reversal removes at least one major procedural roadblock.
Judge Gabriele—once seen as a reliable ally of former DA Michael Graveley—is now in the position to oversee one of the most scrutinized criminal trials of the decade. Her previous association with the DA’s office, as well as her reputation for being frequently substituted, had raised concerns from defense attorneys and some members of the public. But with both Vanderzee-Collins and Viskocil now withdrawing their substitution requests, any objections to her assignment have effectively been waived.
Kenosha County Eye will closely monitor whether Wednesday’s bail hearing proceeds and will continue reporting on this developing case as it unfolds
