By Kim McDarison
Tammy Flemming, a Fort Atkinson dog trainer accused of allegedly killing a client’s dog, has been released on bail.
According to Wisconsin Circuit Court Access records, Flemming was released from the Jefferson County Jail on Oct. 8 after the court reduced her bail from a cash bond of $10,000 to a cash bond of $2,500.
Flemming’s bail was set at $10,000 on Aug. 11 after a warrant was issued for her arrest in June.
The warrant was issued after Flemming — who was charged with a felony count of “mistreatment of animals/cause death” in March, and released on a $1,000 signature bond — failed to make two scheduled appearances in Jefferson County Circuit Court, one on June 14 and another on July 26.
Flemming was arrested in Illinois on Aug. 3 after law enforcement, following a tip, according to Fort Atkinson Police Capt. Jeff Davis, successfully executed the warrant and took Flemming into custody.
Lindsey Davidson, a resident of Janesville, and owner of an 8-month-old husky named “Cooper” who allegedly died during a training incident while in Flemming’s care, said she learned Monday from the court that Flemming had been released on a reduced cash bond.
She called what has been a year-long legal process “a frustration.”
While, Davidson said, she is concerned about interruptions in the process given some of the case’s history, she hopes that the appointed public defender working with the defendant can help keep the proceedings moving forward.
“I would like the court proceedings to continue in a timely manner; I feel like I’m reliving the same nightmare over and over again,” Davidson said, adding that the last year has brought her anxiety.
“I’m hoping the end is drawing near. I don’t have preset feelings. It’s been a very frustrating battle. It’s been a horrible rollercoaster ride. I’ve been trying to mourn Cooper, which still hurts a lot not having him here, alive. I would like to heal from the whole thing. Once everything is done with court, it would be nice to take a break from reliving it,” she said.
Timeline of events
For both Davidson and Flemming, the long legal road began Sept. 10, 2020, which, Davidson said, is the night she became aware that her dog had died.
A necropsy report, completed on Sept. 25, 2020, indicated that Cooper had suffered injuries that were “consistent with strangulation.”
According to court records, a criminal complaint in the matter, identifying a misdemeanor charge against Flemming, was filed with the Jefferson County Circuit Court on Oct. 28, 2020.
Wisconsin Circuit Court Access records show the misdemeanor case with a filing date of Oct. 28, 2020.
After Cooper died, court records show, Flemming was charged by the state with the misdemeanor crime of “intentionally mistreating animals.” That case was officially closed, court records show, on March 26, 2021. Records show that the case was “dismissed on prosecutor’s motion,” with a “judgement of dismissal/acquittal” entered.
On Oct. 29, 2020, Flemming was issued a summons ordering her to make an initial appearance within the Jefferson County Circuit Court on Nov. 30, 2020, at which time, court documents state, the court informed Flemming that the charges against her were being upgraded to that of a felony. A process was underway to close the misdemeanor case against her and open one with felony charges.
A criminal complaint in the matter was filed by the Fort Atkinson Police Department charging Flemming with one count of “mistreatment of animals/cause death” on Nov. 19, 2020.
Wisconsin Circuit Court Access records show the felony case with a filing date of Nov. 19, 2020.
On Nov. 30, 2020, the state filed motions to dismiss the earlier misdemeanor case filed against Flemming and noted that “this case is now being charged as a felony.” On Nov. 30, Flemming entered a plea of “not guilty” to charges filed against her.
Finding probable cause within the criminal complaint, the court required a $1,000 signature bond with the conditions that Flemming would not engage in any type of animal training or boarding, and not care for any animals she did not own.
Flemming was ordered to report to the Jefferson County Sheriff’s Office for booking and to the Jefferson County Clerk of Courts Office to sign the signature bond on Dec. 4, 2020.
The court informed Flemming that failure to appear to sign the bond would result in a warrant for her arrest.
On Dec. 1, Flemming was issued a notice to appear in court for an initial appearance on Dec. 28, 2020.
The court assigned Flemming a public defender, attorney Joseph Ricker.
On Dec. 23, 2020, Flemming sent a letter to the court regarding Ricker’s representation.
On Dec. 28, 2020, Flemming did not appear. Attorney Barbara Michaels, appearing for the State of Wisconsin, requested a probable cause warrant.
On Dec. 28, 2020, the court authorized a warrant for Flemming’s arrest.
Also on Dec. 28, 2020, Flemming sent a letter to the court regarding the missed court date and requested the case be rescheduled. The court informed her on Dec. 29 that she must ask her attorney to file the request on her behalf.
On Jan. 4, 2021, the warrant was quashed. A status conference was scheduled for Jan. 25.
On Jan. 25, Flemming appeared in court and requested that she be allowed to represent herself. The court found Flemming “non responsive” to its questioning, further finding that Flemming “does not have the capacity to represent herself,” and directed her to maintain her current attorney of record.
An initial appearance was scheduled for March 25.
On March 25, the court granted Flemming her request to represent herself, at which time the court excused Ricker from the hearing.
On March 25, the court informed Flemming that the previous bond, which was set at $1,000 during the former misdemeanor case and before the felony case was opened, applied to the felony case currently under adjudication.
A preliminary hearing was set for April 13.
On April 13, After Flemming offered a motion to dismiss charges against herself, the court found probable cause regarding the alleged felony and bound Flemming over for trial. An arraignment was set for June 14.
On June 14, Flemming did not appear. The court found the defendant’s signature bond to be in default and a bench warrant was issued.
On July 26, Flemming did not appear for her scheduled bond forfeiture hearing. The court entered a judgement against Flemming in the amount of $1,000.
Flemming was arrested in Illinois on Aug. 3.
On Aug. 11, Flemming, back in custody, appeared in court through video conference from the Jefferson County Jail. Flemming told the court that she “wishes to proceed without counsel.”
During the hearing, court records indicated that “the defendant stands mute in relation to bond arguments.” A new cash bond of $10,000 was set. The new bond carried the same conditions as the previously set bond.
During the hearing, the court noted that it “has reason to doubt Ms. Flemming’s competency.” The court ordered a competency examination to be conducted by the Department of Health Services. The court, based on its competency concerns, “finds it necessary,” it said, to appoint advocacy counsel for Flemming.
On Sept. 16, Flemming appeared with her new attorney Teri Strohschein. A competency hearing for Flemming was scheduled for Oct. 8.
On Oct. 8, after receiving a report from “Dr. Johnson,” the court found Flemming competent to proceed.
Flemming indicated to the court that she would like to continue with her current attorney.
The court modified Flemming’s cash bond, setting it at $2,500.
A cash bond was posted on Oct. 8.
An arraignment date for Flemming has been set for Dec. 2. A pretrial conference is set for Oct. 27.
If convicted on the felony animal cruelty charge, Flemming could face fines up to $10,000, up to three years in prison, or both.
An earlier story about the case is here: https://fortatkinsononline.com/fort-dog-trainer-to-face-court-ordered-competency-hearing/.
File photo/Kim McDarison
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