Kmiec Seeks Removal of Kenosha DA, Citing Bias; Motion Likely Faces Uphill Battle

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Multiple Felon Trenton Kmiec and Public Defender Benjamin Schwarz in Court
(File Photo by Kevin Mathewson, Kenosha County Eye)

KENOSHA COUNTY, Wis. – The attorney for convicted serial felon Trenton B. Kmiec is asking a judge to remove Kenosha County District Attorney Xavier Solis from prosecuting his newest case and to appoint a special prosecutor from another county. The 21-page motion, filed August 13 by Assistant State Public Defender Benjamin Schwarz, claims Solis’s relationship with Kenosha County Eye publisher Kevin Mathewson creates “at least the appearance of bias” against Kmiec and his family.

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The current case, 2025CF48, is among the most serious yet for the 24-year-old Salem Lakes man. He faces a staggering 62 charges, including multiple counts of first-degree sexual assault of a child, repeated sexual assault of a child, child enticement, child pornography production and possession, false imprisonment, strangulation, and delivery of cocaine. The charges stem from allegations that Kmiec abused and exploited a 17-year-old girl, held her against her will, and provided her with drugs. Prosecutors also allege that some of the abuse was recorded and that explicit images were created.

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Trenton Kmiec

Kmiec is no stranger to the criminal justice system. Earlier this summer, Kenosha County Circuit Judge Gerard Dougvillo sentenced him to seven years in prison and seven years of extended supervision for prior felony convictions, including bail jumping and drug-related offenses. That sentence will run consecutively to a two-year prison term he is already serving in Fond du Lac County for separate crimes involving a high-speed chase, firearm possession, and drugs. Over the years, Kmiec has racked up a string of felony convictions ranging from violent offenses to repeated violations of court orders.

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Motion centers on politics and alleged bad blood
The defense motion focuses heavily on Solis’s campaign finance records and Mathewson’s editorial support. It notes that Solis’s 2024 campaign received $1,850 in in-kind contributions from Mathewson, that Solis’s campaign paid for advertising on Kenosha County Eye, and that the website has published numerous articles supportive of Solis and critical of the Kmiec family. In reality, those “in-kind contributions” did not cost Mathewson anything — as the site’s owner, he can place an ad for free.

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The filing claims there is longstanding bad blood between Solis and Trenton’s father, defense attorney Ted Kmiec, but it does not provide any specific basis or concrete evidence of such a relationship. This contrasts with the prior administration under former DA Michael Graveley, who openly acknowledged being friends with Ted Kmiec and cited “social interactions” as part of his reason for recusing himself from earlier prosecutions. Kmiec and Solis, however, are not friends, and there is no evidence of personal dealings between them.

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Kenosha County Sheriff David W. Zoerner
(File Photo by Kevin Mathewson, Kenosha County Eye)

It’s also worth noting that Ted Kmiec has friends in high places, including the Kenosha County Sheriff, who did not charge him after a SWAT raid on his home uncovered illegal drugs.

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Why campaign contributions aren’t usually enough
The defense leans heavily on Solis’s campaign support from Mathewson, but campaign donations are not normally considered grounds for removing an elected prosecutor. If they were, any criminal defendant could donate to a DA’s campaign and then demand a new prosecutor — a loophole that would effectively allow defendants to hand-pick who prosecutes them.

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Weaknesses in the argument
Despite its length, the motion leans on the appearance of impropriety rather than proof of an actual conflict of interest. Wisconsin law sets a high bar for removing an elected prosecutor, and appellate courts have held that speculation about bias is not enough — there must be concrete evidence that the prosecutor’s decisions in the case are being improperly influenced.

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The filing does not identify any specific decision in 2025CF48 — such as charging, plea negotiations, or trial strategy — that was tainted by Solis’s relationship with Mathewson. The charges were referred to the Kenosha DA’s Office in December 2024, under the previous district attorney, and although the complaint was not filed until after Solis took office in January, that timing alone is unlikely to persuade a judge.

Possible strategic motive
The motion also raises questions about strategy. By seeking to have the Kenosha DA’s Office removed, Kmiec could end up with the Racine County District Attorney’s Office or another outside agency handling the prosecution. Racine prosecutors have been criticized for “white-glove treatment” in past Kmiec cases, offering plea deals and outcomes that spared him the full weight of earlier charges.

Given the severity of the current allegations, Kmiec’s long record of felony convictions, and the absence of direct evidence that Solis cannot handle the case fairly, legal observers say the motion faces long odds. Still, the filing ensures that when Kmiec appears in court, the fight over who should prosecute him will remain in the spotlight alongside the explosive criminal allegations he’s facing.

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23 Responses

    1. Unless he’s named the special prosecutor. Or
      maybe Gravely, or Christian Enwright’s dad.
      All liberal nut jobs.

      37
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      1. There’s way too many liberal nutjobs and Democrat retrograde retards in the WI justice system that would love to see this privileged trash skate, ala degenerate Hunter Biden, as proof of partisan power in a changed environment that has had it with them.

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    1. Oh, that IS really funny…kid totally squashed all the hopes and dreams of his father. The hours, the expense, the promotion- all wasted.

      Would the NFL really consider a junkie? Doubt it.

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      1. He has been standing in front of judges. Kept getting the white glove treatment Graveley and the Racine DA, with not charging him and sweet plea deals

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  1. So, let me get this straight: he’s requesting the removal of the DA. Does that mean he and his firm will have to recuse themselves from all their criminal cases—which, by the way, mostly involve cutting deals with the DA since taking a case to trial would be far too ambitious for them? So he won’t have much to do other than keep liking whatever delusional brain fart the Eyeball decides to post next.

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  2. The filing for the DA’s removal will unquestionably impact Daddy’s law firm. Who would retain defense counsel from a firm that is, even indirectly, supporting the removal of the district attorney? The DA is highly unlikely to offer the firm’s defense attorneys any favorable plea deals, given the apparent conflict and adversarial posture. Apparently, that kid must have been completely out of his depth when he instructed his defense attorney to file the removal request, assuming he had any functional brain cells left at the time.

    From a legal standpoint, a firm’s involvement in seeking the DA’s removal creates at minimum the appearance of a conflict of interest, which can undermine client trust and compromise the firm’s effectiveness in negotiations. Courts have recognized that such conflicts, especially those involving adversarial relationships with the prosecutor’s office, can extend to the entire firm, affecting all criminal representations in the jurisdiction. The professional fallout could be severe: diminished credibility, loss of client base, and exclusion from meaningful plea bargaining, all because the firm chose to play hardball with the DA.

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      1. The addition is a decent attorney and former manager of the SPD in Elkhorn. I am not sure she is aware of what she is getting into. Her associates have nothing to do with this. Who would want to practice criminal defense after requesting the removal of the DA? I would not go to that firm; I would have better chances elsewhere.

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        1. Agree. Unfortunately reputation dictates many things. I’m surprised she would want to associate herself with someone like that. Especially since his issues aren’t just a one time incident. Would not retain due to that affiliation.

  3. Kevin, stop picking on Trent! He’s a good boy who just got in a little trouble. I mean, who hasn’t been Narcaned back to life numerous times? In youth we all make mistakes! Did you even have a childhood if you didn’t have 62 criminal charges by the time you were 25? You’re acting like he filmed himself sexually assaulting a minor! Trent did nothing wrong except for all that stuff he did wrong!
    #freemyboy

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    1. He is right Kev. It’s all our fault. We are the assholes abiding the law. The kid? Just a poor kid, his dad just a desperate dad.

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  4. What comes around goes around! Ted should be locked up too for raising the punk ass then influencing the outcome of the earlier charges to get him off the hook. Now its time to pay the big price! What a piece of shit Ted is! I’m just glad I wasn’t raised by such a piece of shit attorney!

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  5. Under no circumstance should the crimes committed by the Trent and the father be minimized. In this context, however, attention should be directed toward the father’s acquaintances in positions of power who were clearly misusing their authority. It is plausible that the attempt to remove Solis results from his refusal to comply with the father’s demands. This perspective warrants careful consideration.

    20
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