(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. – A serious felony domestic violence case involving disturbing allegations of choking, suffocation, and witness intimidation was dismissed last week after a Kenosha County judge ruled that the defendant’s constitutional rights had been violated during a preliminary hearing conducted by Court Commissioner Alexandra Smathers.
On August 15, 2025, Judge Anthony Milisauskas granted a defense motion to suppress the defendant’s statements and dismissed the case entirely. His decision followed a sharply critical assessment of Smathers’ actions during the preliminary hearing—an event that legal observers described as deeply flawed and procedurally reckless.
The charges stemmed from an incident in which the defendant was accused of attacking a woman over the course of two days in her Kenosha home. According to the criminal complaint, the defendant allegedly strangled the woman until she urinated on herself, placed a pillow over her face in an attempt to suffocate her, and threatened to kill her. The woman reportedly drifted in and out of consciousness during the assault.
The complaint further alleged that when police arrived for a welfare check the following day, the defendant blocked the woman from seeking help and forcefully told her not to open the door or call for an ambulance. The felony charges included strangulation and suffocation and intimidation of a victim—both serious offenses with significant prison exposure—alongside multiple misdemeanors.
Smathers Allowed Hearing Without Attorney Advisement
Despite the severity of the charges, Smathers permitted the hearing to proceed without first advising the defendant of his constitutional right to legal counsel. The State called its witness, presented testimony, and rested. The defendant was allowed to conduct cross-examination without a lawyer present.
Only after this did Smathers acknowledge her oversight:
“I never went over your right to have an attorney, and I should have done that before we called the witness,” she said in open court.
When asked, the defendant told the court he was not comfortable continuing without an attorney and requested one for both the hearing and trial.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Attorney Michael Cicchini, a well-known Kenosha-based defense lawyer, later took over the case and filed the motion to dismiss based on the constitutional violations. Records show Cicchini was appointed to represent the defendant only after the preliminary hearing had already occurred. Cicchini declined to comment on the case.
Milisauskas ultimately ruled that the hearing had violated both the defendant’s right to counsel and his right to remain silent. In his decision, the judge was critical of Smathers’ failure to follow basic constitutional procedure and found that the defendant’s statements—made during questioning without proper legal advisement—could not be used against him.
Legal Community Raises Concerns Over Smathers
Smathers’ conduct in the case is raising renewed alarm across the Kenosha legal community. Many were already critical of her appointment to Family Court Commissioner earlier this year, given her lack of family law experience and a troubled history as a prosecutor.
Smathers left the Kenosha County District Attorney’s Office following the election of District Attorney Xavier Solis, reportedly due to ideological differences. Before her departure, she was demoted and had overseen multiple high-profile sexual assault cases that ended in acquittals or dismissals. She was also named in a state defamation lawsuit involving a discredited prosecution.
Despite this record, Kenosha County judges appointed her to the commissioner role in early 2025. Since then, she has intermittently filled in on the criminal bench—leading to incidents like this one, which ended with felony charges being dismissed outright.
Seeking a Judgeship?
Multiple sources have told KCE that Smathers is now seeking appointment to the circuit court in the event that Judge Milisauskas retires—a possibility rumored to be approaching.
But given her track record, many attorneys are questioning whether she is qualified for such a position.
“She presided over a hearing that resulted in the dismissal of a felony domestic violence case because she didn’t follow basic legal procedure,” one local attorney said. “And now she wants to be a judge?”
Judge Milisauskas’ decision sends a clear message: constitutional rights are not optional, and court commissioners must meet the same standards as elected judges. Whether Smathers’ judicial ambitions survive this latest debacle remains to be seen.
31 Responses
Great job lady. The next time he does it it will be your fault
W. O. W.
Smathers should be fired. She is so incompetent that one has to wonder if she has the goods on someone high up in the system.
my guess is shes a proxy for someone else to control via her incompetence. even worse.
shes a suck up in the mean girls club
Who was the person choking and abusing his girlfriend? Booking photo?
Does it matter WHO???
Yes, it absolutely does matter. A dangerous criminal was released to the streets to re-offend. The name of the attacker certainly DOES matter!
Thats not why you wanna know!
why else would they want to know?
Inquiring minds. Nosey! Get a life. It’s not like you are going to be hanging out at the same places as this criminal does.
I know it’s shocking to some, but DV wife/girlfriend beaters are allowed to go to the same churches, grocery stores, gas stations as the rest of us.
Especially if the court system has failed, charges were dropped, and this person was allowed to walk free.
They’re allowed to eat at the same restaurants, and go to allllll the same places as the rest of us.
So— LITERALLY ANYONE could be hanging out at the same place as this animal.
Are you stupid ?
Monetary motivation not included 👍
How can our Kenosha County judges justify appointing this incompetent buffoon to commissioner after they all watched her botch case after case as an ADA? Her appointment is a brutal slap in the face to all the citizens of Kenosha County.
especially martel lee
Is that the person’s name ?
no its the case that got dismissed because smuckers kept prosecuting even though the witness recanted. Kevin covered all of it. Young kid wrongly accused. Smuckers wouldnt drop it.
He didn’t recant, the victim testified at trial. Got kicked because some of the jury felt other jurors pressured them to convict.
he gave conflicting testimony which was why the jury felt bullied.
Once you let go of the rope, it falls fast. At this rate we’ll be worse than Lake Co by the end of the year.
Especially with all the killinois rats invading here.
That judges huge unethical mistakes, allowed an abuser to be free.. I hope somebody turned that judge in to the OLR
i may have made mistakes at work now and again but none resulting in a violent criminal walking free because I forgot to use *maybe* one of the most well known legal procedures. . . wonder what this guy will do next. Any and all blood is on Smathers’ hands. Her mistake that allows this guy to walk free is a direct threat to the community. Not judge material.
Another reason to not live in this corrupt city! That poor woman might end up dead! Just sickening! I grew up here and if it wasn’t for leaving my children and grandchildren I’d be long gone. Shame on this idiot!
Well, justice does work. Citizens still have constitutional rights. This is what happens when you violate them. The dude deserves the rope, but, who violated his rights? Thats who’s to blame.
I left. Feels great to be gone.
And we’re glad you left.
Meanwhile these clowns put on a show for themselves, patting themselves on the back and celebrating the wonderfulness of the restored courthouse. Nothing in the restoration can get rid of the stench of Kenosha county’s legal situation.
This liberal idiot blew the case on purpose so the criminal would be set free.