Screwed Kenosha Style


Branch 6

September 5, 2003

I have edited out the jibber jabber to not waste your time reading it. If you want a complete transcript you can ask the courts for a complete copy of your own.


Petitioner, Bernard Tocholke, appeared in person and by Attorney Katherine Lingle.

Respondent, Shereen Tocholke, appeared in person and by Attorney Thomas Anderson, Jr.

Wiesia Bullamore
Court Reporter

MR. ANDERSON: Any payment, and that's probably the most troubling thing. I met with Ms. Lingle here just a moment ago. And a friend of Mr. Tocholke-- You know, and there is--the continued position of Mr. Tocholke is that he is not making money and he's losing money in his business. And I'm not saying Mr. Tocholke's making huge amounts of money. I can only go back and look at what was going on during the course of the divorce and prior. These people didn't live a lavish life-style, but by the same token they managed to keep a roof over their heads,...

MR. ANDERSON (con't): the tenor of this case, which has involved a whole great deal of problems in terms of the kids and the placement and there's already been findings of contempt because the kids haven't been coming down here and then the other--the two older ones that are with Mr. Tocholke are somewhere up in Minnesota, although he's living here and going back and forth and seems to have money to do that, and I've heard through-

THE COURT: You're living here or are you living-

MR. ANDERSON: I don't know where he's living.

THE COURT: I thought you were up by your dad cutting wood.

MR. ANDERSON: But I think he's been spending a great deal of time down here still working and I don't know what he's done. The only thing Judge Costello did was indicate that if he wasn't making any payments he should have some job searches.

Now, I think Ms. Lingle's going to indicate that he's got a couple job offers at this time and, you know, and that's fine and dandy, but the problem-- It's not Mrs. Tocholke's ultimate desire to see Mr. Tocholke spend time in jail.

THE COURT: Well, he's in contempt of the Court's order and he has not purged himself and I'm sorry to say he's going to jail for six months, and maybe that's what he wanted, I don't know, because then nobody can aggravate him about paying his support, but that's a sad circumstance.

MS. LINGLE: Your Honor, he does want me to point out to you that in the last six months he's had a series of significant business reversals and the vehicle that he relies upon to do his work broke down and so that was out of commission and he had to pay for that. He has no car insurance, no surprise, and then the chipper, I think, was that--

MR. TOCHOLKE: The stump grinder, 6,200.

MS. LINGLE: --required repairs and he couldn't work at all without that as well.

THE COURT: Then why didn't he go get another job if he couldn't work and he couldn't drive to work? He should have gone over here to McDonald's or someplace and said at least I've got a job, I'm doing the best I can, I will show my good faith efforts in doing something.

MS. LINGLE: ... And if he has attracted the attention of Mr. (omitted by Bernie) and Mr. (omitted by bernie) and has these basic job offers, the Court can garnish his wages and I would think that the children and the community would be better off. And I'm asking the Court to give him 30 days to get that job and start paying that money.

THE COURT: I don't-- I'm not going to do it and here's why I'm not. I'm not trying to be outrageous to Mr. Tocholke, but I find it a total insult to this Court's authority in the family division that not even an effort,...

And if his stump grinder was broken and his truck was broken, certainly he could have had another job. He could have gotten another job, anything, just to show I'm sincere about this, I'm not being a slacker, I'm not trying to defy the Court's orders, or I'm so angry that my wife and I are divorced that I don't feel I have to support my children anymore because I'm going to show her. That's what it looks like.

And now we're at the level of a court order where the Court is expected-- I mean, that's-- We are a nation of laws. Like the laws or not, we're a nation of laws and there is a process by which we do things other than shoot each other and punch each other. We follow the rules. This rule is that you were to make every effort to pay...

I have people who are completely incapable of paying anything. They're mentally ill. They are-- Nobody would hire them. We're not at that circumstance. We're at a defiant circumstance and I feel very strongly about that. So, the deputy's coming, so, Mr. Tocholke, give you personal property to somebody if you want and the lawyers will probably talk.

MS. LINGLE: You've considered the impact of this on the boys up north?

THE COURT: He's made a choice. I didn't make this choice. I'm sorry he made it.

MR. E (omitted by Bernie) My name is Steve E (omitted by Bernie) If Bernie was to make a payment today, which I would be happy to do on his behalf, to give-- My interest in being involved with Bernie is that he needs to--he needs to make a dramatic change in his life. He's clearly not--

THE COURT: He's not focused in the right direction of positive--

MR. E (omitted by Bernie) I just take him at face value, because I don't know him deeply, that he's working diligently. He isn't-- He isn't relaxing someplace. He just-- He probably doesn't charge enough for his work and the whole bunch of other is probably irrelevant things now. But I'm willing to be involved with him and I told him that my willingness to help him is conditional on him making some tough choices.

THE COURT: Okay. Here's what I would

suggest. To me he has violated the honor of the court and that's--

MR. E (omitted by Bernie) I understand that.

THE COURT: --that's a very serious issue. We expect people with very little ability to follow the court's orders and that's how we maintain order in our society. If you and Mr. Anderson and Ms.. Lingle want to go in the other room and talk about this and they wish to enter some sort of agreement, that is up to them. But from my perspective he's insulted the Court by not making any effort, a man who could have made a little effort. So why don't you all go, and unless I hear from you differently the deputy will be--well, he's coming, but he'll wait.

The conclusion of that hearing after the break, is that my friend Mr. E borrowed me $6000 to keep me out of jail. However Judge Mary K. Wagner made a big deal about my three choices she gave me. She told me by the next court date I have to either be 1.) Current on child support, 2.) have ten job searches/applications present from that date for every week until court, or 3.) have another job.

I asked her "just any job? I mean just any $10 per hour job?" She replied "Any job, even McDonalds, is better than what you're doing now." Although this was said in the court room, I find it strange or ironic that this was missing from the transcripts, Yes, transcripts get changed or edited in her courtroom. If this was not deleted, than why was it referred to in the next two hearings? Once by me and not disputed, and once by Mr. Anderson. It was mentioned, but illiminated!

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Bernie Tocholke
41391 Little Sand Rd.
Hinckley, MN 55037




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