(Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. – Court Commissioner Alexandra Smathers is facing sharp criticism from a veteran criminal defense attorney who alleges she presided over a botched preliminary hearing so riddled with constitutional violations that felony charges may now have to be thrown out.
In a recently filed motion, Attorney Michael Cicchini asserted that it was “lawless chaos” after Smathers allowed a felony preliminary hearing to proceed without advising the defendant—whose name KCE is withholding—of his constitutional right to an attorney. Cicchini, who has published extensively about the preliminary hearing and criminal procedure, declined to comment for this article.
The State presented its case. The defendant cross-examined the State’s only witness—all without legal counsel. The commissioner then heard arguments from the prosecutor and the defendant. Only then did Smathers acknowledge her mistake: “I never went over your right to have an attorney, and I should have done that before we called the witness.”
Defendant Eventually Asked for a Lawyer
Despite having already participated in the hearing, the defendant ultimately told Smathers that he was not comfortable continuing without legal representation. When asked directly, he said, “I would like to have an attorney,” and confirmed that he wanted one for both trial and the preliminary hearing.
Smathers responded by saying the hearing would have to be postponed and blamed the public defender appointment delay. But by that point, the constitutional damage had already been done.
Cicchini argued in his motion that there were several defects in the hearing, citing violations of both the Fifth and Sixth Amendments, as well as state statutes and state case law.
No Legal Waiver, No Competency Check
Smathers failed to conduct the required State v. Klessig colloquy to ensure the defendant’s waiver of counsel was knowing, voluntary, and intelligent. She also failed to determine whether the defendant was competent to represent himself—another mandatory step under Wisconsin law.
Instead, she simply asked if he was “comfortable proceeding without an attorney” after the State had rested. That kind of after-the-fact cleanup, Cicchini argued in his motion, was not legally sufficient and could not retroactively validate a flawed hearing.
Hearsay From an Uninformed Witness
Compounding the issue, the State’s only witness had no personal involvement in the case and admitted multiple times under oath that he was merely summarizing the contents of the criminal complaint. When the defendant asked specific questions, the officer repeatedly replied, “That’s not in the complaint.”
Under Wisconsin law, such hearsay must be deemed reliable before it can be used to establish probable cause. Smathers never assessed its reliability, yet still ruled in favor of binding the defendant over for trial.
Troubling Judicial Ambitions
Smathers’ actions have rattled the local legal community—not just because of this case, but because she is reportedly seeking appointment to the bench in the event Judge Anthony Milisauskas retires, a possibility that has been widely rumored in recent months.
Many attorneys are deeply alarmed by the prospect. “She couldn’t follow the most basic constitutional rules,” one local defense lawyer told KCE, “and now she wants to be a full-time judge?”
Smathers was previously demoted while working at the Sheboygan County District Attorney’s Office, and left the Kenosha office shortly after conservative District Attorney Xavier Solis was elected—reportedly due to her extreme liberal views. She was involved in multiple failed sexual assault prosecutions and was later named in a state court defamation lawsuit involving lying about a sexual assault nurse examiner, causing the nurse examiner’s termination.
Despite that track record—and no family law experience—Kenosha’s judges appointed her as Family Court Commissioner in early 2025.
(Photo by Kevin Mathewson, Kenosha County Eye)
Judge Milisauskas Will Decide
Cicchini’s motion is now in the hands of Judge Anthony Milisauskas, a jurist known for his firm grasp of legal standards and little tolerance for sloppy or unlawful courtroom conduct.
If the motion is granted, the felony charges could be dismissed—or the State could be barred from using any of the defendant’s uncounseled statements in court.
Regardless of the outcome, this case has intensified concerns about Smathers’ fitness for the judiciary and renewed scrutiny on how judicial appointments are made in Wisconsin.
29 Responses
DEI at its best example here folks.
This happens often and hopefully they all face consequences for their shady actions. There are a few public defenders as well.
Time for a class action lawsuit, on the hearsay reading of the criminal complaints.
Drop the charges or proceed for ALL subject to this miscarriage of Justice.
The officer writing the report is bound to a duty of appearing in court, not his buddy .
You Bet !!
But also just a “Class”
Xavier should simply develop a one page outline that all commissioners and prosecutors need to “check off” at the start of any proceedings.
Including everything that’s wrong here.
Just something to glance at.
Small reminder sheet to make sure NOBODY gets let go because of a stupid procedural error.
In fact Xavier should have Smathers type it up.
And Anyone that screws up, gets time off
Today, public defenders are primarily White mentally warped young Millenial or Gen Z females with daddy-issues or feminized beta-male incels with abnormal sexuality – or anti-White Black females and Latinas. These groups are automatic knee-jerk anti-White Male Citizen, especially if economically very productive. This is fully consistent with the overproduction of elites that the 40 year age of US disinflationary abundance and unwisely subsidized college indoctrination in social sciences and gender studies has pervertedly produced.
Hopefully, Judge Milasauskas will decide appropriately regarding this leftover incompetent Gravely canker sore abcess that needs to be exorcised.
Wow , that’s good !
What a shit show. Reminds me of Hiller….
Botched is the perfect word to describe her entirely.
She is visibly insane and probably did this on purpose so the perp would get off.
Perhaps so…quite possibly even to “get off” with the perp. Her alpha-femme, self-entitled demeanor brightly radiates “!!CRAAZZZYYYY!!”
Indeed. That type of cheating is not below a democrat.
This is what happens when the Angie G shit show takes over the courthouse… she handpicked her minions to serve along side her, experience or intelligence be damned.
Gerald, Heather and Angie are the mean girls and they want to being Smuckers along with them because of her blind loyalty.
The courthouse has turned into a junior high school locker room version of “Mean Girls.” We used to have more competent judges and commissioners who applied the law as it should without politics.
Smathers was judge Gabriele’s protégée during the selection process. As soon as Gabriele lost Carli —another potential puppet to control— she immediately decided to make Smuckers commissioner and some day judge after Milisauskas’ retirement. Everything we’ve seen in intake is nothing but part of their plan. Smuckers, the problem is, you’ve got to lay low like Iverson did, or you will never become a judge.
she’s cute though
Now , THAT’S funny . 😂
She’s cute? How long you been in jail?
She has no business in the judicial system period.
Thank you Kevin for the outstanding coverage of this situation.
We wouldn’t know anything about the criminal element in Kenosha without you.
She did such a terrible job, it’s obvious it was done on purpose to save her client.
Kevin, if you FOIA her emails and texts you will find her admission.
You think the defendant was her client? Please clarify what you mean by this. I don’t think that would be possible. She’s always been a state agent.
You think a lay person knows courtroom lingo?
Instead of addressing the point of the comment, you argue semantics.
Tell me you’re a lawyer without telling me you’re a lawyer. Lmao
Do you have a better way of asking him to “please clarify what you mean by this”? As far as the “point of the comment,” Poco is accusing the commissioner of violating the law to save her client. I’m asking him what he means by this, because as far as I know, the commissioner is a lifelong government employee who has never actually represented a human. Everybody knows what “client” is. It’s not a semantic game. Maybe you should just read a little more closely before tapping nonsense on your keyboard.
The defense attorney is one of the best we have in the county. Maybe she has been holding a grudge against him since her days as an ADA. The problem is, once again, she picked the wrong attorney to play games with.
Speaks volumes on law degrees today. Who the heck nominated her as a Court Commissioner? Disturbing.
Gabriele and her gang
Kenosha judges appointed her. Well that is truly scary. Why would they appoint an unqualified idiot like her? Ugh!
Sorry for repeating this, but it certainly is a waste of money for us to be restoring all the finery formerly covered by the false ceiling in the courthouse. We should be replacing it with crayon drawings of monkeys an elephants and any other circus animals that children feel like drawing on the walls.
The locker girls club hold the lives of many in their hands—some guilty, others not. It’s scary how they are spreading throughout the courthouse. What’s going on? The other day, another commissioner reduced the bond for someone who then went out again drunk without a driver’s license and caused serious harm to others. Justice in this county is terrible.