Case 2024CF000121 Document 2 Filed 03-28-2024 Page 1 of 23

FILED
03-28-2024
Clerk of Court
Marinette County
STATE OF WISCONSIN CIRCUIT COURT MARINETTE COUNTY
2024CF000121
DA Case No.: 2024MR000207
STATE OF WISCONSIN Assigned DA/ADA: Lara Parker Honorable James A.
Morrison
Plaintiff, Agency Case No.: 23MP06046
Court Case No.: Branch 2
vs.

SAMANTHA JO WISHMAN CRIMINAL COMPLAINT

ISSUED BY DISTRICT ATTORNEY
Marinette, WI 54143
DOB: 1991
Sex/Race: F/W
Alias:
Defendant. For Official Use

The undersigned, Marinette County Sheriff’s Office, being first duly sworn, states that:

Count 1: FIRST DEGREE RECKLESS HOMICIDE, REPEATER

The above-named defendant on or about Thursday, June 15, 2023, in the City of Marinette,
Marinette County, Wisconsin, did recklessly cause the death of "CT," 07/2019, under
circumstances which show utter disregard for human life, contrary to sec. 940.02(1),
939.50(3)(b), 939.62(1)(c) Wis. Stats., a Class B Felony, and upon conviction may be
sentenced to a term of imprisonment not to exceed sixty (60) years.

And further, invoking the provisions of sec. 939.62(1)(c) Wis. Stats., because the defendant is
a repeater, having been convicted of at least 1 felony during the five year period immediately
preceding the commission of this offense, which conviction(s) remain of record and
unreversed, the maximum term of imprisonment for the underlying crime may be increased by
not more than 2 years if the prior convictions were for misdemeanors and by not more than 6
years if the prior conviction was for a felony.

Count 2: NEGLECTING A CHILD - CONSEQUENCE IS DEATH, REPEATER

The above-named defendant on or about Thursday, June 15, 2023, in the City of Marinette,
Marinette County, Wisconsin, being a person responsible for the welfare of a child, "CT", DOB
07/2019, through her action or failure to take action, for reasons other than poverty, did
negligently fail to provide necessary medical care so as to seriously endanger the physical,
mental, or emotional health of the child, and the child suffered death as a consequence,
contrary to sec. 948.21(2) and (3)(a), 939.50(3)(d), 939.62(1)(c) Wis. Stats., a Class D Felony,
and upon conviction may be fined not more than One Hundred Thousand Dollars ($100,000),
or imprisoned not more than twenty five (25) years, or both.

And further, invoking the provisions of sec. 939.62(1)(c) Wis. Stats., because the defendant is
a repeater, having been convicted of at least 1 felony during the five year period immediately
preceding the commission of this offense, which conviction(s) remain of record and
unreversed, the maximum term of imprisonment for the underlying crime may be increased by
not more than 2 years if the prior convictions were for misdemeanors and by not more than 6
years if the prior conviction was for a felony.
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STATE OF WISCONSIN - VS - Samantha Jo Wishman

PROBABLE CAUSE: The undersigned, your complainant, Marinette County Sheriff’s Office,
states that his/her information is based upon the records and files of the Marinette Police
Department. Your complainant has relied upon those records and files in the past and has
found them to be both true and reliable. Those records and files indicate the following:

From the report of Officer Parker De Los Santos of the Marinette Police Department:

Ofc. De Los Santos Report: On 6/15/2023 at approx. 11:42am, dispatch received a medical
complaint at the address of [####] Gilbert St. within the City of Marinette, Marinette County, for
a 3 year old male that was unresponsive and not breathing. When I heard the call given out to
EMS over the radio, I started responding to the address.

I arrived on the address and the front door was locked. I knocked hard on the door and a
female, later identified as Samantha J. Wishman 1991), came to the door holding a baby
and directed me to where the patient was. I was lead through the living room towards the
bathroom that was between the living room and the kitchen. I observed a white male, later
identified as [“DT,” 10/1991; hereinafter, “Father”], preforming CPR on a juvenile male just
inside the door of the bathroom. The juvenile male was laying on the floor, face up, only
wearing a diaper. I had Father move away to take over CPR.

When I checked the juvenile for a pulse or and breathing, I could see that his lips were starting
to develop a blue-ish color, along with his skin was cold to the touch. I started doing chest
compressions, and attempted to direct Father to assist with breaths. While I was doing this, I
attempted to get more information from Samantha about what had happened. She told me
briefly the juvenile, [“CT,” 07/2019], had fallen down the stairs the prior night. We continued
doing this until I was relieved by EMS.

Once EMS arrived, I attempted to gather more information from Samantha, but EMS was in
the process of bringing [CT] to the ambulance to be transported. I then coordinated Ofc.
Bonjean to go with the ambulance to the hospital. I then provided scene security until
investigators arrived at the house. While we were waiting, Father seemed frantic and wanted
to go to the hospital with [CT]. I informed him that investigators were on the way and that they
would need to speak with him and Samantha first before he could go out there. Samantha
seemed more calm in the situation and was helping keep the other kids under control.

Once Lt. Inv. Matzke and Inv. Schoen arrived on scene, I assisted them until I was relieved
from the house. I have no further information for this complaint. For further information, please
see other officer's reports. My BWC was activated during this call. End Report.

From the report of Detective Michael Kahles of the Marinette Police Department:

Detective Kahles reports: on 06/15/2023, at approximately 1142 Hrs. I heard the road guys get
dispatched to [####] Gilbert St, in the City of Marinette, County of Marinette, State of
Wisconsin, for the report of an unresponsive 3 Y/O that was not breathing. Myself, Detective
Matzke, and Detective Schoen all responded to the scene. After arriving on scene, I realized

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

that the child [“CT,” 07/2019] had already been transported to Aurora Medical Center-Bay Area.
Detective Matzke and Detective Schoen remained on scene and I left to get my camera at the
police department and respond to the child's location. I contacted Officer Bonjean to get an
updated status of the child's condition. Officer Bonjean said that they were still working on the
child but it didn't look good.

I arrived at the hospital at approximately 1220 hrs. I met with Officer Bonjean in the emergency
room at the first nurses station. Officer Bonjean informed me that the child had died and that
he had contacted the on call medical examiner already. I went to the room where the child was
located and to process [CT]'s body.

[CT] was lying on a hospital bed, wearing no clothes and only a diaper. He appeared to be
approximately 3 to 4 years old. [CT] was hooked up to a bunch of medical equipment. The bed
was lined with a fitted blue sheet and [CT] was lying on a small blanket-like pad. He had a
medical identification bracelet on his left ankle. [CT] had full body rigor, was cold to the touch,
and had a fairly strong odor of decomposition. I would later find out from [CT]'s caretaker
(Samantha Jo Wishman DOB: 05-16-1991) that [CT] was checked on and supposedly still
alive at approximately 1030-1045 hrs. I thought this was strange, based upon prior training and
experience, I have never smelled the odor of decomposition this strong in someone who has
been dead for approximately one hour.

[CT] had significant bruising on his head. His abdomen appeared distended. On [CT]'s right
forehead there was a golf ball sized lump. The center of the lump had a mark in it surrounded
by purplish-blue bruising which was surrounded by yellow-green bruising. The center of the
lump on his head was almost white in color like a scar would appear to be. Above [CT]'s left
eye, at his hairline, was a scratch that appeared to be going left to right. The scratch was red
with bruising around it. Above [CT]'s left eyebrow, in his hairline, and towards his temple was a
large bruised area that was dark purple in color. [CT]'s left eye had a red streak/bruising in the
lower left corner going into the medical tape. The inside corner of his left eye appeared to be
bruised which was going into the bridge of his nose. There appeared to be some type of debris
in this area as well. There was bruising on [CT]'s lower left cheek and some of that bruising
may be covered with medical tape. Just to the right of the swelling above the right eye on
[CT]'s forehead was another area of bruising. There was bruising and scratches covering most
of the nose. The darkest purple bruising of the nose appeared on [CT]'s right side.

The entrance to the nostrils appeared to have red and brown fluids that was semi dry. It
appeared that some of that may have been wiped away. On the left side of [CT]'s chin was a
purple bruise. Just up and to the right of that was a small abrasion with some bruising.

There was a more pronounced abrasion/bruise by [CT]'s throat which went from the under side
of his chin to his chest. [CT] had a red abrasion on the left side of his neck with some bruising.
[CT] also had bruising on the right front of his neck into his chest area. There was a smaller
bruise down and to the right of [CT]'s right nipple. The complete right side of [CT]'s torso to his
abdomen was red. There was an area on the right side of [CT]'s torso/abdomen where the skin
appeared to disturbed. [CT] had a red bruise just inside from his right ear. On the right side of
[CT]'s head in his hair he had a small red/purple mark.

On [CT]'s back there was a line of severe bruising from his tailbone area to his upper right
shoulder area. On [CT]'s lower back there were three pronounced dark red spots with bruising

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

around them. To the left and partially upwards of those spots there appeared to be so some
patterned bruising as well. Up and to the right of the AED pad, there were about eight more
spots that go to the upper right shoulder. There was blueish discoloration on [CT]'s upper spine
towards his right shoulder blade. There also appeared to be an area of reddening the area of
the upper left shoulder blade. On the left side of [CT]'s back there was a red line with a small
bruise just to the left of the AED pad.

[CT]'s right arm had a bruise just above the wrist area. The right wrist and crease of the thumb
had reddening marks. The right hand also appeared to have dried fluids on them. [CT]'s left
arm had a bruise just above the wrist area. [CT]'s left thumb and index finger had dried fluids
on them. [CT]'s left elbow had three bruises on it. [CT]'s right inside ankle had a small scratch.
The lower portion of [CT]'s left eye had a reddish brown line running from left to right through it.
[CT]'s right eye had a similar line except the [sic] was more red fluid pooled in the inside
corner.

[CT]'s fingernails and toenails appeared to have been cut so low that at one point they were
bleeding. In the diaper crease of [CT]'s right hip there appeared to be a cut with red fluid on the
diaper.

The injuries listed above are an initial observation and may not reflect all of the injuries he
actually obtained. [CT]'s body was minimally manipulated so it could be best preserved for an
autopsy. Those injuries that were not able to be completely observed will be observable during
the autopsy.

Assistant Medical Examiners Renee Zeitler and [ME trainee SS] were also on scene at the
hospital. After myself and Renee were done processing [CT], he was placed and sealed in a
white body bag. The bag was sealed at 1314hrs with tag number 4017948. I placed [CT]'s
body in the back of the medical examiners vehicle and followed them to the Marinette County
Medical Examiner's cooler. The cooler was locked with [CT] inside at 1330hrs. After we cleared
from the medical examiner's cooler, the three of us went back to [####] Gilbert St.

Once back at the residence I spoke with Detective Schoen and Matzke. I asked them if they
had looked at and/or asked for consent to search their cell phones. This had not been done yet
so I went inside to speak with the father [“DT,” 10/1991; hereinafter, “Father”], and his girlfriend
(Samantha Jo Wishman DOB: 05-16-1991). I explained to Father that I would like to download
and search through his cell. Father agreed and signed the Marinette Police department cell
search form.

I then asked Samantha if she would be willing to do the same. Samantha said that she didn't
want us to do that. Detective Matzke went to the Law Enforcement Center to download
Father's phone. I explained to Samantha that I would be holding on to her phone and applying
for a search warrant. Samantha then said well if you're going to go through all that you can just
do it, I will sign the form. I verified with her that she was ok with it and Samantha signed the
form.

I briefly spoke to Father and Samantha about the events that took place in the downstairs
bathroom. I told them that I found it weird he didn't have any clothes on. They said that they
took them off and they were laying on top of a hamper as soon as you walk in. I collected
those and they would be placed into evidence later that day. There was a pair of grey shorts

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

and a blue t-shirt. The shorts were dry but contained a dried substance similar to the
substance on [CT]'s blanket I would find shortly after this. [CT]'s shirt was mostly wet but you
could also see dried substance on the right sleeve.

Samantha said that when she found [CT] unresponsive upstairs, she brought him down to the
bathroom where Father was taking a shower. Samantha said that in an effort to wake [CT] up,
she splashed him with water. This is the point where Samantha said that she called 911 from
Fathers phone.

I asked Samantha if she could show me where she put [CT] to sleep after he fell down the
stairs. She brought me to a small bedroom at the top of the stairs on the left. In the bedroom
was a white bunkbed. The top bed had a white mattress and the bottom mattress had a blue
one. On the floor, in between the beds and a kids tent, were two blue blankets. One was
significantly larger than the other. Samantha said that after [CT] fell down the stairs, she kept
him up for about 2 hours. She said that she put an icepack on his head and continued to check
on him. Samantha said that she put him to bed at approximately 0430 Hrs. She said that she
checked on [CT] periodically throughout the morning.

I asked Samantha what blanket [CT] was using and she said that she gave him the small blue
one that was on the floor. I looked at the small blue blanket and there appeared to be dried
fluids on the blanket. The tails of the fluid appeared to be newer because they hadn't yet been
brushed away. I then looked over the larger blue blanket and there were large areas of that
blanket that had what appeared to be the same type of fluid marks on it. I asked Samantha if
she noticed the blood/fluids on the blankets, and she said she didn't. I told Samantha I found it
weird that [CT] didn't have any blood/fluids on him given the amount that was on the blankets.
All she said was that he didn't. It should be noted that [CT] had dried fluids on portions of his
body that aren't easily cleaned, like his hands and nostrils.

Both blue blankets and [CT]'s clothing he was wearing were collected as evidence. If you don't
count the upstairs landing there are 13 steps to the staircase, there are 14 if you do. The stairs
run approximately fourteen feet from top to bottom. Each individual stair is approximately 7 1/2
inches high, 10 inches outward, and forty two inches wide.

I brought the evidence collected to the third floor of the police department. I photographed all
items and they were logged. The shirt and the shorts had to be placed on a drying rack before
they were bagged and logged. All photographs taken will be included in this report. I spoke
with the Marinette County Medical Examiner and she said the autopsy is scheduled for 06-19-
2023 at 1030. End of report.

From the report of Detective Amy Schoen of the Marinette Police Department:

Det. Schoen reports: On 6/15/23 at approximately 1142hrs I heard Officers get dispatched to
[####] Gilbert St. for an unresponsive 3 year old. Shortly after Officers arrived on scene, Ofc.
Bonjean called me on the radio and asked for Detectives to respond to the residence. Myself,
Lt. Matzke and Det. Kahles responded to the scene. Upon arrival, EMS had already left with
the child who was identified as [“CT,” 07/2019]. I observed an adult female along with a small
child in the living room. She was identified as Samantha J. Wishman DOB: 5/16/92. Ofc. De
Los Santos was also present.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

I went and spoke with Samantha in the living room. I did have an audio recorder which I
activated when I started speaking with her. She did appear to be upset. I identified myself and
began gathering her general information. While I spoke with her she was holding her son who
she identified as [MT]. I obtained [CT]'s information. At one point, she stated that [“DT,”
10/1991; hereinafter, “Father”] was her fiancé.

I asked Samantha to tell me what had happened last night. She stated it was early this
morning [06/15/2023]. She said the kids were not sleeping at all last night. She said there are 6
kids total. The kids’ names, dates of birth, and parents are as follows:
[“AW,” age 7, female] – Mother: Samantha Wishman. Father: [“JC”]
[“JT,” age 6, male] – Mother: [“KO,” deceased]. Father: [DT]
[“MW,” age 5, male] – Mother: Samantha Wishman. Father: [“SS”]
[“CT,” age 3, male decedent] – Mother: [“KO,” deceased]. Father: [DT]
[“AT,” age 3, female] – Mother: Samantha Wishman. Father: [DT]
[“MT,” age 1, male] – Mother: Samantha Wishman. Father: [DT]

I asked Samantha to start with last night at supper time. I asked if anything in particular was
going on. She said Father went to work around 8:20-8:30. She said [CT] takes awhile to eat,
almost an hour. He always seems nervous. They had supper around 6-6:30. The kids played
and watched cartoons. Tried putting kids down around 9:30-10:00. The older two [AW and JT]
went to bed no problem. [MW] was up another hour or two. [AT and CT] were up all night. She
said she was up with them all night. I asked if they ever went to sleep. She said they didn't go
to sleep till about 5 this morning. I then heard someone knock at the front door and Samantha
said that [AW]'s dad was there. She called for [AW] who then came into the living room and left
with her dad.

Samantha said she had the two [AT and CT] upstairs in the girls’ room. She said she had them
up there because they weren't going to sleep, and could play up there and wear themselves
out. She said she was changing [MT] and the next thing she heard was thump, thump, thump.
Samantha was making a noise as if to simulate someone falling down the steps. She was
changing [MT] in the living room (the room we were currently in) at that time. I asked her again
what she heard and she said "him falling down the stairs." She pointed to the stairs that were
by the front door and went upstairs. She said he was screaming. She said she put [MT] on the
floor and he was naked. She gets up and grabs [CT]. I asked if [CT] was all the way down and
she said yes. He was at the bottom of the steps.

I asked if [CT] was crying and Samantha said yes. I asked if she went to [CT] right away. She
said yes and she picked him up. She said she looked him over. She said [CT] had this mark
right here and pointed to the left side of her forehead, near the temple. She said "It's puffy
here" and pointed toward the middle of her forehead. She said it was black and purple under
his eye and referenced her left eye. She said she noticed redness on [CT’s] belly and back that
she figured was going to bruise. She said she got him some water. She kept him up. She said
she was doing everything possible to keep him up for 2 hours. I asked how his demeanor was,
if he was still crying. She said no, he calmed down. He was laughing and playing with her. I
asked if he calmed down right away. She said after about a minute. She then said a minute or
two. She said [CT]'s very sensitive. She said some days it takes him and hour to calm down
and some days 10 minutes.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

I asked Samantha what time she thought this happened. She said between 1 and 2 (this
morning [06/15/2023]). I confirmed with her that [CT] fell between 1 and 2 in the morning. She
said yes. I asked her if [CT] went to sleep at all. She said [CT] went to sleep between 4 and 5.

I asked if anything seemed different with him. Samantha said no, [CT] seemed like himself. I
asked where he went to sleep. She said upstairs in the girl's bed. She said everything was full
down here already. She said he usually sleeps downstairs. I asked whose bed it was he went
to sleep in, and she said the bottom bed. I asked if they were bunk beds and she said yes.

I asked how long [CT] slept. Samantha said she kept checking on him all morning. I asked if
[CT] was moving. She said yeah. She said the garbage man came probably an hour before we
got there. She said she went up there. I asked her why she remembered the garbage man,
and if it was because of the noise they made and if that was when she checked on him. She
said yeah. Samantha said she had checked on [CT] about every hour. I then asked again if,
when the garbage man came, she went and check on [CT] and she said yes. She said she
figured maybe [CT] was up by then. I asked if [CT] was still sleeping, and she said yeah. She
then said it looked like he was sleeping.

Samantha said she came back down and was watching TV. She was trying to get 2 of the kids
to take a nap. Father went to get in the shower. She went to check on [CT] and noticed he was
not moving and just laying there. She said she grabbed some water and thought maybe that
would wake him up. Maybe he was just too tired. I asked if she was trying to shake [CT] and
wake him, and she said yeah. She said she picked [CT] up and ran down here. She brought
him in by Father and told him they had to get him to the hospital. She told him [CT]’s not
moving, I don't know what to do. She called 911 and then you guys got here.

I asked if [CT] had eaten anything after he fell. She said he did. I asked when that was. She
said 2-2:45 she made [CT] a peanut butter and jelly sandwich. I asked if [CT] was eating like
normal. She said yeah, he was eating slow like normal. I asked if [CT] at the whole thing and
she said yea, the whole sandwich. I asked if he drank anything. She said he drank water.

I asked if [CT]’s marks looked worse throughout the morning when she kept him up. She
noticed on his belly and back, the bruises formed. I went and looked at the steps. I asked if she
saw how far down the steps he was when he fell. She said no. I asked Samantha where he
was when she found him. She showed me that [CT] was all the way at the bottom of the steps,
on the floor. She showed me with her hands that [CT] was laying parallel to the steps, at the
bottom, with his head to the east. She said she instantly picked him up. She said this has
never happened to any of her kids.

I asked Samantha if it was OK for us to look around and take pictures and document
everything. She said yeah. I asked if they rented the house and she said they did. She didn't
know if both of their names were on the rental. I asked how long they'd lived there and she
said 3 going on 4 years. I asked again if it was OK for us to look around and she said it was. I
then explained the permission to search form to her. I asked her if she was OK with it and she
said she wanted to ask Father first. I told her that was fine and we'd wait for him. Father was
upstairs with Lt. Matzke at the time. She said she didn't care and wanted to run it by him.

We talked for awhile about miscellaneous things. Samantha said she'd been sick for the last 4-
5 days and was on steroids and antibiotics. She had an appointment to see a lung specialist.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

She had poor circulation in her hands and had part of a finger amputated awhile ago. I asked if
any of the other kids had been sick lately. She said maybe some colds. [CT] had not been sick.
Samantha said she is not working anywhere at this time.

I then brought up the times she said she checked on [CT]. I asked if she could tell if he was
rolling around or if he moved positions. She said [CT] kept moving positions. He would flip flop
from the bed to the floor. I asked if sometimes he'd be on the floor and she said yeah. I then
asked if the last time she was up there and found him not breathing, if he was on the floor. She
said [CT] was on the floor. When she first put him to bed it was on the bed. I asked if
sometimes [CT] was on the floor and sometimes on the bed. She said yes. She said there's a
thick blanket on the floor. She said she specifically put it there in case one of the kids fell off
the bed. I asked when [CT] would lay on the if floor he'd lay on the blanket, and she said yes.

Throughout the time I spoke with Samantha, her and Father's children were in and out of the
room. At times, Samantha would help them with something or tend to them. I did ask her if [CT]
was on any meds and she said no. I asked if [CT] had any diagnosed health problems. She
said when he was born his mom was on a lot of drugs. I asked who his mom was and she said
[KO]. Samantha said [KO] passed away from an overdose. Father and Lt. Matzke came into
the room and we talked about the permission to search form. Lt. Matzke said he had gotten
verbal confirmation from Father. I had Father sign the form. Father stated that [CT and JT]
have the same mother and she had passed away.

Lt. Matzke and I went upstairs with Samantha to the bedroom where [CT] had been sleeping.
The room was at the top of the stairs, and contained a set of bunk beds against the wall and a
tent next to it with approximately 2 feet between them. I observed a blue comforter and a pink
blanket on the top bunk. There was another blue blanket under the bottom bunk on the floor.

We brought a doll that is used in child death investigations for re-enacting the positions a child
was placed and found. Lt. Matzke explained that we would like her to use the doll and place it
where she placed [CT] and then place it how she found him. She was told to place the
blankets where they had been also.

Samantha placed the blue comforter that was on the top bunk on the floor between the bunk
beds and the tent. She put the pink blanket on the bottom bed. She placed the doll on the
bottom bunk with the head on the pillow. She put the pink blanket next to the doll, not over the
doll. She stated that is how she put [CT] to bed.

The last time she checked on [CT] when he wasn't breathing she found him on the floor, on the
comforter, between the bunk beds and tent. She placed the doll on top of the comforter, with
the head towards the tent and feet towards the bunk beds. I confirmed with Samantha that
sometimes when she'd check on [CT] he'd be on the bed and sometimes on the floor. She said
yes. Samantha said when she put [CT] to bed he was face up. When she found him [CT] was
face up. Lt. Matzke took photographs. Samantha began to get upset and was crying while
doing this. Samantha picked up an ice pack that had been on a table in the room and stated
that at one point she had brought him an ice pack. We then all went back downstairs.

Lt. Matzke photographed the stairs. He asked Samantha if she could take the doll and place it
where she had found [CT] when he fell down the steps. She took the doll and placed it at the
bottom of the steps, parallel to the steps with the head facing east. Lt. Matzke took

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

photographs of that. Samantha was going over the injuries she first observed on [CT] after the
fall. They were consistent with what she had first told me.

Lt. Matzke asked if [CT] was coughing up blood. She stated no, she had not noticed that at all.
Samantha said that [CT] has a habit of biting his bottom lip. Father confirmed this. Father said
that he is always scratching his face in his sleep so they have to keep his fingernails clipped. I
asked Samantha if there was anything else she could think of, if everything was pretty normal
after that. She stated that he pooped and peed. She said [CT] was his normal quiet shy self.

I then waited inside the residence while Lt. Matzke went outside to make a phone call. Lt.
Matzke came back in and told Father and Samantha that [CT] had passed away. We asked
about helping find someone to come to the residence to be with them. At one point Father
attempted to call his brother, but he was unable to talk. I took the phone and told [brother] what
had happened and he agreed to come to the residence.

I went outside at approximately 1308hrs and made contact with Marinette County CPS. I
turned my recorder off at this time. I spoke with Mary [H] and advised her of the situation. I told
her that we were still investigating and would call with more information later.

I assisted Det. Kahles with Samantha's cell phone. I took custody of the phone and Samantha
signed the Permission to Search form. At approximately 1459hrs, Det. Kahles and myself left
the residence and brought Samantha's cell phone to Lt. Matzke to be downloaded at the
Marinette Sheriff's Office. He gave us Father's cell phone which we brought back to Father at
his residence.

Det. Kahles and I went and spoke with ADA Parker and advised her of the situation. We then
went back to the station with the evidence that had been collected. I made contact with CPS
Mary [H] and briefed her on what I knew. She stated she was going to talk to her Supervisor to
see how to proceed. I assisted with processing the evidence that had been collected. I
scanned the permission to search forms into the report. At 1745hrs Tanya Werner from
Marinette County DHS contacted me in reference to this complaint. She stated they would be
going to the house tonight. CAC interviews would be arranged.

From the report of Detective Lieutenant Ben Matzke of the Marinette Police Department:

Det. Lt. Matzke Reports: On 06/15/23 I was asked to assist with a call at [####] Gilbert St. in
the City of Marinette, County of Marinette, State of Wisconsin where there was a three year old
male that was found not breathing and CPR was in progress. I went to the scene with Det.
Schoen. Det. Kahles went to Aurora Medical Center-Bay Area as that is where the child was
being transported.

The house is a two-story white single-family home. Upon arrival at the residence, I had learned
that the three year old was identified as [“CT,” 07/2019]. Det. Schoen and I went in the house
where we met with Officer De Los Santos. I began talking with the father, who I identified as
[“DT,” 10/1991; hereinafter, “Father”], and Det. Schoen began talking to Samantha J. Wishman
05-16-91 who is Father's girlfriend. I activated a digital recorder and talked to him about what
had happened.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

Father said he went into work last night at Waupaca Foundry at 8:30pm-8:35pm. Father said
he gets done with work at 5:30 and gets home about 5:50am. Father says that he leaves his
phone in the car all night and if there is an emergency Samantha will call work to talk to him.

Father said that [CT] normally sleeps downstairs in the bedroom with the bunk beds. Father
said that the three boys, [JT, MW, and CT], sleep in that bedroom. Father said that the girls,
[AW and AT], sleep upstairs in bunk beds. The youngest boy [MT] sleeps in a crib in the
bedroom.

Father told me that [CT and JT]'s mother is [KO]. Father said she is deceased but that they go
over to [KO]'s parents’ house frequently to spend weekends there. Father told me that [CT] is 3
and that he fell last night when Father was at work. Father said he does not know what time
[CT] would have fallen at. I asked if there had been anything going on at all with [CT] other
than the fall and Father said no. Father said that he is very clumsy in general. Father told me
that when [CT] goes to his grandparents' house and always comes back with bumps and
bruises. Father said he is over there every weekend and that they live in Michigan.

Father told me that [CT] is still in diapers and that he eats regular food and isn't on formula.
Father said he eats big meals. Father said that last night around 7 to 7:30p, [CT] ate one and a
half chili dogs which is a lot for him. Father said he was home for dinner last night and that he
left for work between 8 and 8:30p. I asked Father if [CT] had any diaper changes after that.
Father didn't seem to know but figured Samantha would have changed a diaper after that.

Father told me that last night [JT, MW, and AW] all slept on the floor in the downstairs
bedroom. [CT and AT] slept upstairs in the bedroom. The downstairs bedroom has a child gate
in front of the door. Father later told me that the older children can open the gates, but the
younger children can't.

I asked Father if we could go upstairs to see where [CT] slept. I told Father that I would like to
take pictures and asked if he would be ok with that, and he said be my guest. I met with Det.
Schoen downstairs later and she asked Samantha if she would sign a permission to search
form. I heard Samantha tell Det. Schoen that would be up to Father. Upon explaining it to
Father, he agreed. That form was scanned into the report.

Father lead me upstairs to the bedroom, and this is where I began taking pictures. There are
two bedrooms upstairs. One is the children's bedroom that has a white steel-framed bunk bed
in it. There were bare mattresses on the beds and a few blankets on the top bunk.

I asked Father who found [CT] in the bedroom. He said Samantha did. He said Samantha
checked on [CT] twice this morning. She checked on him 8:30 and at 9:30, and when he was
taking a shower he heard her screaming coming down the stairs. Father said he met her by the
bathroom and the hallway on the main floor. He said that he grabbed [CT] from her. He said
that he laid him down as she called 911; then he started chest compressions. Father said the
officer downstairs started on the chest compression and he did the breaths.

Father said they had the kids on the school schedule where they get them up at 5am. Father
then said they adjusted it so the kids would go to bed later so they would sleep in later in the
morning. Father said that [CT and AT] were up until 4:00am this morning. I asked Father why
[CT] stayed up so late this morning. Father said "no not really". Father said [CT] had a late nap

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

yesterday and ate great. I asked if [CT] woke up for breakfast this morning and he said no.
Father said [AW and JT] woke up around 8a. [MW and AT] woke up around 8:30-8:40. [MT]
started waking up at 8:30-8:40. Father said that is when Samantha went upstairs to check on
[CT], and she told him that [CT] was good.

Father said [CT] normally sleeps on his stomach. Father said that [CT] doesn't like a pillow.
Father said if the kids go to bed with blankets they usually thrash them off because they are
wild sleepers. Father also said [CT]'s normal blanket is downstairs and it is a monster truck
quilt. I asked if there were any medical issues with [CT]. Father said no and that he is just
clumsy. I asked if he was born premature, Father said that she ([mother KO]) was prescribed
Suboxone when she was pregnant with him and he was born with that in his system and he
was born a little early. He said that [CT] was not born drug dependent or in withdrawals. I know
Suboxone is typically given to opiate addicts. Father said there were no complications during
pregnancy, but [CT] did stay a week in the hospital and was born at St. Mary's hospital. Father
said [CT] has not been to the hospital at all, like no broken bones or anything. They bring [CT]
to Dr. [Name] for check ups. Father said [CT] is probably due for a check up and shots.

I asked Father if he was up yesterday [06/14/2023] with [CT]. Father said that he slept from
11a to 4:30p, and then woke up spent time with the kids. I asked if anything out of the ordinary
happened with [CT] yesterday. Father said no, but [CT] is always walking into stuff.

I noticed that there were a lot of cameras inside the house and there was a monitor in the living
room with outside cameras on it. I asked Father if all of the cameras record. Father said only
the outside cameras record and the inside cameras are view only.

Father said there are two bathrooms but one of them hardly gets used. I asked Father if [CT]
stayed with anyone for the past 3 days. Father said no, and that [CT] was home since he got
back from his grandparents. He said that the grandparents are [CO and DO] and they live [in
Michigan].

I spoke with Det. Schoen and we decided to have Samantha do a doll reenactment where she
would show us where she had put [CT] to bed and how, and also how she had found him in the
morning. I photographed the placements. We also had Samantha show us how she found [CT]
at the bottom of the steps when he had fallen earlier in the evening. This was also
photographed. [See Det. Schoen’s report for details.]

Father and Samantha said that they wanted to go to the hospital to see [CT]. I told them that I
would call my other detective to see what the status was. I stepped outside and called Det.
Kahles and asked for an update for [CT]. Det. Kahles told me that [CT] was deceased and he
was there with the medical examiner. I then went inside to talk to Father and Samantha. Father
asked me what was going on and I told him he should probably sit down. I then told Father that
[CT] didn't make it. Father became emotional and then told Samantha.

While talking with Samantha and Father, they said that Samantha is the one who called 911
and it was from Father's phone. I spoke to Marinette County Dispatch and they confirmed that
the phone call came from 715-[redacted] which is Father's phone number. I requested the 911
call that was placed and it was provided to me on 06/16/23 when I came into work. That audio
recording was added to the case file.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

Det. Kahles and two assistant medical examiners came to the residence. I introduced them to
Father and Samantha. Det. Kahles told Father and Samantha that we would like to download
their phones for the investigation. Father signed a permission to search form and provided the
passcode for the phone. The phone was a Motorola Moto G Power 2021 through Cricut IMEI
number 35[…]2497. I took the phone to the Marinette County Sheriff's Office to use the
Cellebrite software to download the phone. As I was completing the download, Det. Kahles and
Det. Schoen provided me with Samantha's phone and a permission to search form for her
phone along with the passcode. Samantha's phone is a Motorola Moto G Power 2022 IMEI
number 35 0254981807240.

After using the software on the two phones I found a few messages that were a cause for
concern that Samantha sent to Father earlier in the morning. The messages are as follows:
[Brackets indicate details obtained from the Cellebrite extraction report.]

["I been real dizzy I can't breathe hardly it's even harder with these fuckin kids n nobody
is goin to take any of this serious until they walk into this house n find me passed tf out
on the floor. That's how I been feeling feeling like I'm goin to pass out at any min. These
mother fuckin kids won't fuckin stop I'm ready to lose my shit bc I can't breathe I can't
yell so I'm just the joke around here." 6/14/2023 9:23:31 PM]

"I'm ready to hurt these mother fuckin kids nobody fuckin understands I can't breathe so
this is so much harder n now I'm having more problems breathing"
[6/14/2023 10:01:38 PM]

"If this house ain't ever cleaned u can blame the kids bc I'm tired of trying to clean n I
literally can not get shit done bc they don't fuckin listen to me I wonder y bc when I do
yell at them u come storming down bitching at me for yelling at them for not listening to
me." [6/14/2023 10:23:54 PM]

"[CT] n [AT] r not allowed to move or get up from where tf they r until I GET UP I am not
playing" [6/15/2023 1:06:15 AM]

"I hate my life sooooo much... What else can go wrong tonight... Kids weren't listening
well uk who wasn't listening so I put [CT] n [AT] upstairs as I'm changing [MT] here
comes [CT] down the fuckin stairs so his one side of his face probably will b bruised
when he wakes up. Side of his head was the start of one n under his eye that's what I
noticed. He wasn't bruised on his belly or back but I will b checking in the morning. I did
keep him up later then the rest bc of that n I been keeping an eye on him. [AT] n [MT]
both had complete green water diapers soak thru the min they went so I gotta carpet
clean the couch" [6/15/2023 4:18:55 AM]

"I haven't even been able to eat dinner nor have I been able to even go to sleep I can't
break I just really hate my fuckin life." [6/15/2023 4:19:26 AM]

When I was done downloading Samantha's phone I drove back to the house and gave it back
to her.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

Det. Lt. Matzke Reports: On 06/20/2023 at about 9am I went to Willow Tree for CAC
interviews. Megan Hackl of Willow Tree interviewed [JT] first. The interview started at about
911a. [JT] went through the differenced between the truth and a lie and agreed to only talk
about the truth. [JT] also agreed that if he didn't know something he would say he didn't know.
[JT] began by listing the names of his siblings and who all lives in the house.

At about 923a [JT] said that [CT] fell down the stairs. [JT] said that mom carried him
downstairs. [JT] said when mom came downstairs with [CT] she told him to close the door and
that she called 911. [JT] said his sister [AT] was listening by the door. [JT] said that [CT] was
standing against the wall (which later we find out to be a punishment for the children) and then
mommy put him upstairs to lay down.

After that [JT] went on about what probably happened. [JT] said after he bell [sic] down the
stairs mommy called daddy, daddy hopped out of the shower and he was in his underwear.
[JT] said that's when they called 911. [JT] explained where [CT] usually sleeps in the house.
[JT] said [CT] usually sleeps in the boy's room downstairs. This is the same as what [“DT,”
hereinafter “Father”] told me previously. [JT] said that when [CT] fell down the stairs he was in
his room. [JT] began talking about the 911 call and he said that his dad was doing everything
that they (dispatcher) told him to do on the phone.

[JT] said that mom was carrying [CT]. The interviewer asked for information on that. [JT] said
she carried him down the stairs and he saw that [CT]'s eyes were closed and he thought [CT]
was asleep but he wasn't. [JT] said that he saw mommy (Samantha) carrying [CT]. [JT] said
that he saw daddy in his underwear after he got out of the shower. [JT] said that mommy called
his buba (grandpa) to pick him up. Mom also called [AW’s] dad [JC] to come pick her up. [JT]
said he didn't see anything else on [CT]. [JT] said that mommy called 911 and when they got
there they took off all of his clothes and he was just in his diaper. [JT] said daddy was crying.

The interviewer then began asking questions about who takes care of them and how they get
punished when they are naughty. [JT] said [MW] was having a temper tantrum and throwing a
fit he had to go on the wall. Father was the one who told [MW] he had to go to the wall. [JT]
said Father would put people on time out if kids are bad. The interviewer asked [JT] what
daddy does if [CT] is bad. [JT] said that daddy usually doesn't do anything. [AW] sometimes
has to go to her room and sometimes she has to face the wall. If [AT] gets in trouble
sometimes she has to go to the highchair and sometimes she goes to bed. [JT] said
sometimes dad doesn't do anything when he gets in trouble.

[JT] said when he gets in trouble with mommy he gets a time out and spank him. [JT] said
sometimes he gets the belt and sometimes the brush. [JT] said the belt always hurts. [JT] said
that's what she (Samantha) did with [CT]. When [JT] was asked where he gets the belt he said
down here and pointed to his bottom. [JT] said that she uses daddy's belt. [JT] said daddy's
belt is black and sometimes brown.

The interviewer asked about the belt being used on [CT]. [JT] said its because [CT] is always
being bad. [JT] said sometimes [CT] has to go on the wall, sometimes he gets a spanking and
sometimes he has to put his hands under his knees. [JT] later showed the interviewer what he
meant by putting his hands under his knees. [JT] showed it as kneeling on the palms of his
hands with the back side of his hands on the floor.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

[JT] then explained when mommy uses the belt on [CT]. [JT] said that she used the belt on
[CT]'s bottom and his pants and diaper was down. [JT] said that [CT] always cries. [JT] said
mommy brings [CT] upstairs then.

[JT] said sometimes mommy will use the belt on [AW] and will slap her in the mouth. [JT] said
mommy will always go in the kitchen to use the belt on [AW]. [JT] said daddy will use the brush
on her ([AW]'s) feet. [JT] said the brush is green and black and that they keep it in the
bedroom. [JT] said daddy doesn't use the brush on [JT or CT]. Mommy uses the brush on [AT
and MW]. Mommy never uses the brush on [CT or AW]. [JT] said mom uses the brush on [AT
and MW] and she spanks them in the mouth. [JT] said daddy will put [AT] on her head so he
can spank her feet, and sometimes [MW]. [JT] said that daddy uses the belt too. Daddy uses
the belt on [AW, AT, and MW]. [JT] said he would spank them really hard. [JT] said that daddy
uses the belt on their bottom and sometimes their feet.

The interviewer asked if they use anything else and [JT] said they use a spoon. [JT] said that
the wooden spoon got broke because mommy was slapping too hard. [JT] said it broke in half.
[JT] said he saw the spoon break with his eyes. [JT] said that mommy would use the spoon on
him and [CT]. [JT] said she would always use it on his foot but they don't use it anymore
because they have the belt and a brush. [JT] said sometimes he has to go to the wall and
sometimes he has to put his hands on his knees. [JT] said that daddy and mommy argue a lot
but never hit or kick each other.

At about 9:56a the interviewer took a break. At about 10:00a the interview resumed. The
interviewer asked [JT] if he saw anything on [CT]'s face when mommy brought him down. [JT]
said he didn't. [JT] said that he watched TV. Then after that daddy went to work and [AW and
AT] came over to go to bed and then in the morning [CT] was not there. [JT] said that [CT] was
on the wall while [JT] was in the room watching TV. Mommy put [CT] on the wall. [JT] didn't
know why [CT] was on the wall but he said it probably because he hit somebody. [JT] said that
after he was on the wall mommy put him to bed. The interview ended at about 10:06am. The
interview was recorded and a copy was put in evidence.

Det. Lt. Matzke Reports: On 06/28/23, I spoke with Samantha Wishman and she agreed to
come to the police department for an interview. Det. Schoen assisted in the interview. The
interview began at about 1735hrs. I told her that she was not under arrest, the door was closed
for privacy purposes, and that she was free to leave at any time.

I told Samantha that we wanted to go through that day again with her so she could fill in the
gaps. Samantha said dinner is usually between 5p and 6p, or 4p and 6p. Samantha said after
that, they let the kids play and watch cartoons. Samantha said the kids were going to have a
slumber party in the boys’ room downstairs. Samantha said on this particular day, the kids
went to bed no later than 11:30p. She said [AW, MW, and JT] were watching TV and those
were the kids that went to sleep the[n].

Samantha said that [AT and CT] were still up. She said she had them up until around 1a and
that's when she brought them upstairs to lay them down. She said she went downstairs and
she was changing the baby ([MT]). She said that's when she heard [CT] falling down the stairs.
She said it bothers her that she doesn't know how many stairs he fell down. Samantha
guessed that maybe he fell from the first step to the top. Samantha said she put [MT] on the

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

floor, went over by [CT] as he was on the floor and picked him up, put an ice pack on his head,
and then watched him play like his normal self for two hours.

Samantha said that between 4a and 5a is when she put [CT] back to bed and that he was
acting normal. Then she checked on him and he was fine. Samantha said she could see that
he was breathing. She explained she put her hand on his chest and on his belly and that she
could feel it. Samantha said the last time she went up there she put her fingers on his cheeks
and used a little bit of water and then she picked him up, ran downstairs screaming for Father.

Det. Schoen asked Samantha when was the last time she checked on [CT] before she found
him and brought him downstairs. Samantha said it was about an hour and that he was good.
She said she knew he was good because she went up to him, put her hand on him and she
could feel it.

I asked Samantha what times she checked on [CT]. She said that it was almost every hour all
morning.

I told Samantha that Father told me that when he gets to work he puts his cell phone in the car,
and if Samantha really has to get ahold of him that she has to call his work. Samantha said
she usually calls him on his breaks. Samantha said she isn't there so she doesn't know where
he is when he answers, whether he's in his truck or in the break room.

Samantha said that she figured that [Father] looked at her message because he usually does.
Samantha said when he got home he didn't say anything. I asked her if she didn't think the fall
down was enough to call his work to get ahold of him. Samantha said her oldest daughter is a
klutz, and she fell down the stairs and hit her head, busted things open, not to where she
needed stitches but maybe a band-aid on it. Samantha said she, as a mom, feels shitty but
didn't and she regrets it.

She said the bump at that time wasn't huge, while making a hand gesture to the head. Det.
Schoen asked what bruises she could see initially. Samantha pointed to a the left side of the
forehead and said it was getting purple. Samantha said she put the ice pack on it right away
for about 10 minutes, then took it off and put it back on later. Samantha said it looked like it
was going down. Samantha said she was doing what she thought a hospital would do.
Samantha said before the fall he had bruises from when he was at his grandparents’ house.

Samantha said [CT] cried after the fall but it was only for a minute, and that he stayed up for
two hours afterwards. I asked Samantha if she fed him a peanut butter and jelly sandwich. She
said "yup", and then he also had water.

I asked Samantha if [CT] was being naughty this day. Samantha said no. Samantha said that
recently she noticed for a few weeks now every time he comes back from his grandparents
house his behavior is "off". Samantha said that she heard from Father that [CT] is always
falling at their house. Samantha said its is the same at her house. Samantha said that she
thinks that there is something more in depth that is causing him to fall so much.

Det. Schoen mentioned that if she was up until 1a with [CT] and he was sassy, it must have
been hard. Samantha said no, she wasn't really doing anything. Det. Schoen told Samantha
that her text messages to Father sounded like she was frustrated. Samantha said "that is like

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

her way of writing on paper". She said she didn't want to sit and write on paper, when she
could just type it on her phone and text it to Father.

I asked Samantha if [CT] had any blood on him after he fell down the stairs. Samantha said the
only blood was on his lips but that's normal for him because he bites them. Samantha said he
also gets bloody noses almost every night. I asked Samantha if she wiped his face off after he
fell down and she said she didn't because it wasn't a lot. Samantha said that after he took his
drink that wiped most of it away.

Samantha said that when she picked [CT] up before she ran downstairs with him, there was
blood on his lips and nose. She said when she put the water on his face it came off. Samantha
said that with Father doing CPR, that probably wiped the rest of it off. Samantha said she did
not wipe it off. I asked her if she used the blanket and she said she didn't think she did.

I asked Samantha why [CT] didn't sleep next to the other kids. Samantha said that the other
kids were sleeping and she didn't want [CT], who was hyper, to wake up the other kids. Det.
Schoen asked Samantha if he was being punished or had to go on the wall. Samantha said
no. Samantha said that she had [CT] in the kitchen with her and [AT] was sitting in the living
room because she was calm. [CT] was in the kitchen sitting on the floor. This was before the
fall. Samantha specified that he was not on punishment.

I told Samantha that we had an autopsy done. I told her the doctor that did the autopsy said
that [CT] had some broken ribs and a punctured lung. I told her that [the doctor said] after this
incident happened, [CT] would not have been happy or playing like his normal self, and he
would have been lethargic, not really wanting to do anything, and there's no way he could have
eaten. Samantha then responded with "that's so weird".

Det. Schoen askes Samantha how can we explain this. Samantha said she didn't know and
that she literally explained the whole night. Samantha then said that she would never hurt any
of her children. It should be noted that [CT] is not one of her children. [CT] is [Father DT’s] and
[KO]'s child.

Det. Schoen told Samantha that the doctor is saying that what Samantha said happened,
could not have happened. I told Samantha that the doctor also said that there was bruising on
the neck that is not consistent with any kind of a fall that could have happened.

Samantha said this doesn't make sense at all. Det. Schoen told Samantha that we need to
need to figure this out, and that the doctor is saying that [CT] couldn't have eaten or been
playing like normal. And if we look at his stomach contents, is there going to be a sandwich in
there. Samantha said there should be. Samantha said he would have eaten the sandwich
between 1a and 3a. Samantha said she was not looking at clocks, she was changing a baby.

Det. Schoen and I began explaining to Samantha that we understand that she has six kids
running around house and it's hot and she is left home by herself. We told her we'd like to
know what happened, and if some kind of discipline went too far we'd like to know. After we got
done asking about how these injuries could have happened or if anything got left out,
Samantha said "I'm free to go right"? Samantha said she is going to look into this and that this
doesn't make any sense and that it's weird and that she would get in touch with us.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

[Your complainant reviewed the recording at 18:05:05-18:06:20 and provides a
summary of Samantha’s statements at this part of the interview:
Detectives: If discipline went a little too far, we need to know. What you’re saying could
not have happened. We’re looking at substantial broken ribs, a concussion, and a
punctured lung. These injuries are just not consistent with a child falling down the stairs.
Samantha: “Doesn’t make sense.”
Detectives: That’s what we’re saying, and that’s what the doctor’s saying. So that’s why
we need you to tell us anything else that was left out. We need to know these answers.
Samantha: “I’m free to go, right?”
Detectives: You are.
Samantha: “I’m going to look into this. It just doesn’t make sense. So.. right. It’s just..
so weird.”]

Samantha then left the interview room. The interview was recorded.

Excerpts from the Autopsy Report dated 08/16/2023, by Adam Covach, M.D., Chief Medical
Examiner, Fond du Lac County Medical Examiner’s Office:

Date of Autopsy: 06/19/2023 1050 hours

Cause of Death: Multiple Injuries

AUTOPSY FINDINGS:
I. Multiple Injuries
A. Large left fronto-temporal scalp contusion with prominent subgaleal component
a. No skull fractures or intracranial hemorrhages
B. Multiple right sided rib fractures, mostly located posteriorly
a. Associated 1-1/2 inch right lower lung lobe laceration
i. 20 ml right sided hemothorax
ii. Intra-alveolar hemorrhage seen histologically
C. Contusions and abrasions throughout body
a. No iron staining positivity on contusions examined microscopically
i. Consistent with being <48 hours old
D. No significant findings on neuropathological or eye examinations
II. Status post resuscitation
III. Toxicology results negative for all drugs tested
A. See separate toxicology report for additional details

EVIDENCE OF TRAUMATIC INJURIES:

Externally there is a 2-1/2x1-3/4 inch contusion with associated swelling of the right forehead.
There is a 3x2-1/2 inch contusion on the left forehead. There is a 1/2 inch abrasion on the left
cheek. There is a 1/4 inch contusion on the right zygomatic process. There is a 3x2-1/2x1/4
inch swollen area on the left temple. There is a 1x1 inch contusion with associated abrasion on
the nose. There is a 1/2 inch contusion on the left chin. There is a 1/2 inch contusion below the
right breast. There is a 1-1/4 inch contusion on the left breast. There is a 3-3/4x2-1/2 inch
contusion on the midback. There is a 1 inch cluster of abrasions on the left midback. Below
this cluster, there is a 2 inch linear abrasion. There is a 1-3/4 inch cluster of abrasions over the
lumbar spine. There is a 1-1/2 inch contusion on the inferior left buttock, and a 3/4 inch

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

contusion on the inferior right buttock. There is a 1/2 inch contusion on the dorsal left forearm.
There is a 1 inch contusion on the dorsal right forearm. There is a 1/4 inch contusion on the
right thigh. There is a 1 inch contusion on the lateral right knee.

Reflection of the scalp reveals a 4.5x4.5 inch scalp hemorrhage with prominent diffuse
subgaleal component covering most of the left temporal scalp. There is no associated skull
fracture or intracranial hemorrhage.

Right rib 8 is fractured laterally. Right ribs 5-10 are fractured posteriorly and are displaced.
Associated with these posterior rib fractures is a 1 inch cluster of posterior right lower lung lobe
lacerations with 20 ml of hemothorax.

Reflection of the skin of the back reveals contusions which correspond to the bruising seen
externally.

EXTERNAL:
The decedent's body is that of a normally developed, skinny, white boy child, appearing
consistent with the reported age of 3 years and 11 months. The decedent's body measures 38
inches in length and weighs 32 pounds. The decedent is within the 10th percentile in height
and the 18th percentile in weight for his age and gender.

INTERNAL:
There is no hemorrhage to the soft tissues or musculature of the neck. Cross sectioning of the
lungs reveals a mild bloody exudate. There are no cranial fractures. There is no subdural,
subarachnoid, or epidural hemorrhage.

The stomach is empty.

MICROSCOPIC OBSERVATIONS:
Lungs - There is pulmonary edema, intra-alveolar hemorrhage and focal intra-alveolar
neutrophils. This latter finding is consistent with an acute pneumonia. No microorganisms are
seen on routinely stained H&E slides. No polarizable material is present in the lung slides. The
intra-alveolar hemorrhage is most prominent in a section of the right lower lobe of lung.
Left Scalp Contusion - There is hemorrhage within the dermis below the hair shafts.
Nonspecific iron staining is present. No hemosiderin laden macrophages are seen.
Left Midback Contusion - There is hemorrhage in the dermis. No iron positivity is seen.
Left Midback Skeletal Muscle - There is hemorrhage within the skeletal muscle separating
muscle fibers. There is no iron positivity.
Brain - There is no significant abnormality. There is no hemorrhage on the cerebral cortex.
Beta-amyloid precursor protein is not seen in a section of the corpus callosum.

DNA Testing and Results

From the reports of Det. Lt. Ben Matzke and Det. Amy Schoen:
On 10/10/23, Det. Lt. Matzke and Det. Shoen retrieved the blue comforter from the evidence
room, and cut out a section of the comforter that had the reddish brown staining on it. We will
be sending this section to the Wisconsin Crime Lab to attempt to determine what this staining
is. I took pictures of the cut out portion. The pictures were added to the case photos. The

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

evidence was sent to the Madison crime lab on 10/19/2023. The crime lab sent a receipt for
these items. After testing, the crime lab returned the evidence. The DNA standard from [CT]
was returned to ME VanErmen. All other items were placed into evidence. Evidence disposition
form from crime lab was scanned into report. The DNA report was received on 02/06/2024.

DNA Analysis, Results, and Conclusions: Wisconsin DOJ State Crime Laboratory

Dated: 01/24/2024.
The following items of evidence were examined in the DNA Analysist Unit of this Crime
laboratory:
Item A: piece of cloth reportedly from comforter
Item B: blanket
Item C1: pajama shirt
Item C2: pajama shorts
Item C3: plastic bag (not examined)
Item D: dried blood standard reportedly recovered from [CT]

SCREENING
Presumptive testing for blood was positive on:
Piece of cloth (Item A)
Blanket (Item B)
Pajama shirt (Item C1)
Pajama shorts (Item C2)

Samples were prepared for analysis under sub-designations.

Sub-designation A1: Cutting from staining on the cloth
Sub-designation B1: Cutting from a stain near a corner of the blanket
Sub-designation B2: Cutting from a stain on the watermelon on the blanket
Sub-designation C1a: Cutting from staining on right sleeve of the pajama shirt
Sub-designation C2a: Cutting from staining in the crotch area of the pajama shorts
Sub-designation D1: Cutting from the dried blood standard from [CT]

DNA ANALYSIS
Human DNA and male DNA was present in Samples: A1, B1, B2, C1a, C2a.
Human DNA was present in D1 and Male DNA was not applicable.

AUTOSOMAL STR DNA RESULTS AND CONCLUSIONS

Item D1 - Dried blood standard from [CT]: Single source profile.

Item A1 - Cutting from staining on the cloth:

Partial single source male profile, consistent with the profile from [CT].
The probability of randomly selecting the observed profile from a population of
unrelated individuals is not more frequent than 1 in 1-quadrillion.

Item B1 - Cutting from a stain near a corner of the blanket:

Two person mixture, at least one male.
When compared to the DNA standard for [CT] the conclusion is "very strong
support for INCLUSION"

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

Item B2 - Cutting from a stain on the watermelon on the blanket:

Two person mixture, at least one male.
When compared to the DNA standard for [CT] the conclusion is "very strong
support for INCLUSION"

Item C1a - Cutting from staining on the right sleeve of the pajama shirt:
Two person mixture, at least one male.
When compared to the DNA standard for [CT] the conclusion is "very strong
support for INCLUSION"

Item C2a - Cutting from staining in the crotch area of the pajama shorts:
Single source male profile, consistent with the profile from [CT].
The probability of randomly selecting the observed profile from a population of
unrelated individuals is not more frequent than 1 in 1-quadrillion.

Excerpt from the Expert Opinion Report dated 01/31/2024 by Dr. Kristen Iniguez, Director of
the Marshfield Child Advocacy Center:

I was asked to review the medical records by the Marinette County Coroner, Marinette County
District Attorney’s office, and Marinette Police Department in the case of [CT], a 3-year 11-
month-old male who died on 6/15/2023. Records reviewed included medical records from [two
hospitals]; the Marinette County Coroner’s report from 6/15/2023; the pathology report from
[CT]’s autopsy performed on 6/19/2023; and photographs of [CT]’s autopsy.

At the time of his death, [CT] was living with his biologic father, [“DT,” hereinafter “Father”], and
Father’s significant other, Samantha Wishman. [CT]’s biologic mother is deceased. On the
morning of 6/15/2023, [CT] was found unresponsive in his family’s home after an alleged fall
down several stairs. He was subsequently pronounced dead at Aurora Medical Center Bay
Area Emergency Department that same day.

In review of medical records from [the hospitals], from the time of [CT]’s birth on 7/10/2019
until 8/24/2020, [CT] was seen by health professionals for all recommended well child visits.
His biologic mother attended all visits. He received all recommended immunizations. He was
seen on at least three occasions for typical early childhood complaints. On 2/21/2021, [CT]’s
father began accompanying him to medical visits. It was noted that Father “recently got
custody” of [CT]. On 4/6/2021, it was noted that [CT]’s mother had recently “died of an
overdose.” [CT] was referred for speech therapy at that visit as his father expressed concerns
for [CT]’s speech. The family did not keep the appointment. He was seen again accompanied
by his “stepmother” on 7/29/2021. Again, concerns were raised that [CT] “doesn’t talk.” A
referral to speech was made. The family did not keep the appointment.

There are no further visits for [CT] after 7/29/2021 until 6/15/2023 when he presented to the
Aurora Medical Center Bay Area Emergency Department in full cardiac arrest. He was
pronounced dead at 1216. Of note, bruises were noted by medical staff to [CT]’s “back, face,
chest.” Additionally, paramedics documented “bruising to the soft palate” while attempting to
intubate [CT].

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

Per review of the coroner and pathology reports, [CT] was noted to have multiple external
injuries during the respective examinations. These were identified as bruising to the left
forehead, bilateral facial cheeks, left chin, anterior neck, chest, back, right posterior upper
thigh, and inferior bilateral buttocks. Additionally, [CT] was noted to have poor oral hygiene and
“short cut” fingernails and toenails “to the point of bleeding.”

I was able to review the photographs from the autopsy. I agree with the findings noted in the
report and will qualify many of the injuries with more specific descriptions. The areas of
bruising noted on [CT]’s right facial cheek and zygomatic process have a linear appearance.
The bruise identified on [CT]’s left face is linear. There is a linear bruise in [CT]’s upper neck.
There are linear bruises on [CT]’s bilateral lower buttocks, both of which run parallel to the
gluteal fold. The two bruises noted laterally to [CT]’s left nipple resemble a pinch mark. These
injuries are considered patterned and are not expected with accidental mechanisms.
Additionally, in photographs of [CT]’s bilateral ears, there are areas concerning for contusions.
As this is not noted in either coroner or pathology reports, it is unclear whether what is seen is
a result of lividity or actual contusion.

During the internal and microscopic evaluation, [CT] was noted to have multiple injuries. These
include a large scalp hemorrhage with a “diffuse subgaleal component” covering most of the
left temporal scalp without hemosiderin staining. Fractures of the right posterior 5th through
10th ribs, all with displacement, were seen. A fracture of the right lateral 8th rib was seen.
Laceration of the right lower lung lobe with 20 ml of hemothorax corresponding to the rib
fractures was noted. Additionally, bruising of the back was noted on external and internal exam
corresponding to the rib fractures, and was negative for hemosiderin staining.

DISCUSSION:
At the time of his death, [CT] presented with multiple injuries noted externally and internally. As
determined by the forensic pathologist, the cause of [CT]’s death was likely the result of
multiple injuries.

The question that has been asked is could the mechanism offered by [CT]’s caretakers of a
stairway fall realistically cause the totality of injuries found and hence his death.

In review of [CT]’s records, several elements are noted which bring into question the
mechanism of a stairway fall as the cause for [CT]’s spectrum of injuries and death. Many of
these elements instead raise concern that [CT]’s injuries were the result of non-accidental
trauma.

First, and foremost, multiple studies have shown that stairway falls rarely result in severe injury
in children. In one study of 363 children presenting to an emergency department after a
stairway fall, only single injuries were seen in over 95% of cases. No intra- or extra-cranial
hemorrhage was diagnosed. No rib fractures were noted. No intra-abdominal or intra-thoracic
injuries were identified. Only 3% of all cases required admission with length of stay ranging
from 1 to 3 days. No deaths were reported.

In contrast, [CT] was found to have a large subgaleal hemorrhage, which is a medical
emergency, and multiple posterior displaced rib fractures with associated lung laceration.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

Bruising is a common injury in ambulatory children, however, there are specific characteristics
of bruises that should always raise concern for non-accidental trauma. Injuries that have a
pattern, such as being linear, well demarcated, or taking on a recognized shape and
orientation are highly concerning. Linear and well demarcated lesions imply high velocity blunt
force trauma as the cause, which is not seen generally with accidental mechanisms. As
described above, [CT] was noted to have multiple patterned injuries.

Location of bruises is also a factor in determining inflicted versus non-accidental injury. [CT]
was reported by EMS personnel to have bruising of his soft palate. He was documented to
have bruising of the neck, chest, back, and bilateral buttocks. Additionally, concern of ear
bruising has been raised from my review of the photographs. Injuries to the mouth, torso, ears,
and neck have high specificity for inflicted trauma as these are areas of the body protected
anatomically.

There are details about [CT]’s general care that raise concern for a neglected child. It was
documented that [CT] had “short cut” fingernails and toenails, “to the point of bleeding.” His
oral hygiene was noted to be poor. Caregivers stated he “didn’t talk,” however, per medical
records, when medical providers made referrals for speech services, caregivers did not follow
through. Additionally, there is no record of [CT]’s caregivers seeking any medical care for him
in the last 20 months of his life. Although, not definitive, these are warning signs for a
neglected child.

In summary, the finding of multiplanar patterned bruising; bruising in anatomically protected

locations; and severe internal injuries would not be expected after a stairway fall. In my
opinion, [CT] has likely been a victim of non-accidental trauma which led to his death.

The Marinette County Medical Examiner’s Office completed a comprehensive report of death
investigation. [CT]’s death certificate was completed and the case closed on 03/25/2024.
Cause of Death: “Blunt Force Injuries”
Manner of Death: “Homicide (Blunt force trauma)”

Repeater

Your complainant believes that the Defendant, Samantha Wishman, is a Repeater under Wis.
Stat. § 939.62, because she was convicted in Marinette County Case Number 2017CF000174
for Manufacture/Deliver Methamphetamine, § 961.41(1)(e)1, a Class-F Felony, on September
14, 2018. The conviction occurred within the five-year period immediately preceding the
commission of this offense, and remains unreversed and of record.

Attached to this complaint and incorporated by reference is a copy of a certified Judgment of

Conviction for the above-cited case showing the above-stated conviction. Your complainant
believes this document to be both true and reliable since it is a public record.

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STATE OF WISCONSIN - VS - Samantha Jo Wishman

Subscribed and sworn to before me on Electronically Signed By:
03/28/24 Dominick Cardella
Electronically Signed By: Complainant
Kathryn Heineck
Assistant District Attorney
State Bar #: 1115477

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