(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA COUNTY, Wis. — In the criminal justice system, wouldn’t it be nice for a defendant if he could choose who prosecutes him? In Wisconsin, that’s not how it works. The district attorney elected by the voters in the county where the alleged crime occurred is the one who prosecutes the case. That is the default rule. Under Wis. Stat. § 978.045, a judge may appoint a special prosecutor only in rare and exceptional circumstances. The statute uses “may,” not “shall,” and courts have repeatedly held that speculation or political dynamics are not enough to disqualify an elected district attorney.
(Kenosha County Sheriff’s Office)
That reality hit Trenton B. Kmiec today when Judge Heather Iverson denied his motion to remove Kenosha County District Attorney Xavier Solis from prosecuting his 62-count felony case.
Kenosha County Eye arrived late to the hearing today and caught just the tail end of Assistant State Public Defender Benjamin Schwarz’s argument, but heard all of Solis’s response and the judge’s full ruling from the bench. What was heard made one thing clear: Kmiec was not going to get a new prosecutor.
Schwarz’s Aug. 13 motion argued that Solis should be disqualified because Kenosha County Eye supported Solis during his campaign and has reported negatively on multiple members of the Kmiec family over the years. The motion suggested that the combination of campaign support and extensive coverage created an appearance of impropriety.
Kenosha County Eye has no stake or personal interest in the outcome of the case other than covering it.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Solis addressed the issue directly in court. He told Judge Iverson he does not have a personal relationship with Ted Kmiec. He stated he is not friends with Ted, unlike former District Attorney Michael Graveley, who previously acknowledged social interactions with him. Solis said his only relationship with Ted Kmiec is professional — prosecutor and defense attorney.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Ted Kmiec, a former Kenosha County court commissioner, former politician, and current attorney, was present in court and appeared visibly upset as the judge delivered her ruling. His mistress overdosed and died in his bed in a case that resulted in two arrests and extensive coverage. Several years later, a SWAT raid was conducted at the Salem Lakes home he shares with his son. During that raid, drugs and child pornography were recovered from the residence. Court records show that Ted Kmiec told investigators that the drugs were located in areas accessible only to him. Despite that admission, no charges were filed against him in connection with the raid.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Judge Iverson was methodical in denying the motion.
“The statute uses ‘may,’ not ‘shall,’” she said, explaining that appointment of a special prosecutor is discretionary, not automatic.
She further stated, “Appearance alone is not sufficient to warrant disqualification.”
Addressing the media argument directly, Iverson said media coverage — even if extensive or critical — does not equate to prosecutorial bias. Editorial advocacy is separate from prosecutorial decision-making, she said, and there was no evidence that Solis’s charging decisions were influenced by coverage.
Iverson emphasized that removing an elected district attorney is an extraordinary step and that the defense had not demonstrated an actual conflict of interest or improper exercise of discretion.
Two Kenosha defense attorneys told Kenosha County Eye they do not fault Schwarz for advocating aggressively for his client. However, both said they believe Judge Iverson made the correct call. They noted that had the motion been granted on these facts, it could have created a precedent that would make future cases uncomfortable for both sides — allowing campaign support or media coverage alone to trigger disqualification battles in routine prosecutions.
Judges, they said, generally uphold the will of the voters. Unless there is a direct financial stake, a personal entanglement, or some extraordinary conflict, the elected district attorney in the jurisdiction where the crime is alleged prosecutes the case.
There is also a strategic undertone. In prior matters, Kmiec has received what critics have described as white-glove treatment when cases were sent to Racine County. Removing Solis could have opened the door to another outside prosecutor.
That door is now closed.
(Kenosha County Sheriff’s Office)
The charges against Trenton B. Kmiec are extensive and severe. According to the criminal complaint, he faces dozens of felony counts including repeated physical abuse of a child, strangulation and suffocation, false imprisonment, multiple felony bail jumping allegations, manufacturing and delivering cocaine to a minor, child enticement, sexual exploitation of a child, production of child pornography, possession of child pornography, and other related offenses. Several of the most serious charges carry decades of potential imprisonment if convicted.
The 62-count case will now move forward in Kenosha County — prosecuted by the district attorney elected by its voters.
20 Responses
Can this guy just overdose and die already?
Sooo many great points in this article. I could go on and on but I’ll pick just one.
The fact that up till now this kid got off of sooo many charges because his cases went to Racine, THAT’S OVER !!!
Ted. You did absolutely nothing to help your son. You think all the interference you created with Gravely helped him. It didn’t !!!
You by NOT BEING A PROPER FATHER has finally led your son to many many years in prison.
Good God, if you would have just left him to deal with the laws as they are right from the beginning and didn’t ask for all those favors he might, just might have already served a few years behind bars and would be getting out soon with a whole different attitude and respect for the Law and himself.
Sad to say but it’s the Truth. Ted, you were your son’s worst enemy. Yes you helped him. You helped him dig his hole deeper and deeper. The only saving grace is that by all accounts he should be dead.
The pain of loosing a child is something I wouldn’t wish on my worst enemy. Not even you.
About the only thing you can hope for is that you yourself are still above ground by the time he gets out to walk on it.
Let this be a lesson that’s told all over the judicial system of a lawyer getting favors and how it truly doesn’t work.
Be nice to Old Ted!
He is important Facebook fly trap to identify all the Chicago drug dealers, gangbangers and their ilk (including local LEOS).
Yeah that Twin Lakes pill popping LEO almost became chief of police in TL. Now they’re stuck with a low level investigator as chief of police.
The whole family is so messed up
Take a look at the real crime in Library Park & Edu.
And did her parents condone the relationship?
It appears Ted’s a single father. Why isn’t his mother facing accountability in her son’s addiction issues?
gutsy little druggy prick!
Incarceration will NOT rehabilitate this human.
We as a community have no answers for him or his deviant family
Nope, he is a turd for sure!
incarceration provides two things- possibility of the criminal engaging in rehabilitation for themselves while incarcerated, and also time for society to not be vulnerable to the criminal while he/she is incarcerated.
He will plea out now but at least he’ll be locked up for a long time and Nasty Nate will take his cocktail fruit!!
Lets see how many more tricks Ted has up his sleeve.
There ain’t no hockey rink in prison!
We are closer to no more wannabe hockey accolades from him or his father.
No sympathy.
Oh the rosary is a nice touch!
Yeah no kidding! Nice try douche bag!
It is very disresctful to wear a rosary around your neck not meant as a fashion statement. To him ir probably means he found god.but people who believe in God know that is not the çase..he is pure evil. Rot in jail
Chickens coming home to roost Teddy. Great job!!! Go get a vasectomy so you don’t spawn some more of your vile kids on our community.