Attorney Says State Has No Evidence to Support Charge Against Patt Colten

The State of Wisconsin has no evidence to support its felony charges against a Hudson woman accused of unlawfully eavesdropping on a conversation during a civil case against her, an attorney for the woman claimed.

Patt A. Colten, 56, was with illegally intercepting wire or electric communication last May between River Falls city attorney Maxfield Neuhaus and two witnesses as the trio strategized in a conference room outside the courtroom in the . 

But Colten's defense attorney Andrew Nelson questioned the legitimacy of the charges after Friday's preliminary hearing. 

"This is a fantastic example of the amazing power of the government," Nelson told Patch. "They basically charged Ms. Colten with a felony and what we saw here today is that there is no evidence to support it."

While Nelson would not be the first defense attorney to dispute the guilt of his client, testimony from witnesses for the prosecution suggest he might have a legitimate claim.

St. Croix County Court clerk Kerry Feuerhelm told investigators she witnessed Colten leaning against the conference room door on May 2 and that the woman appeared to be attempting to listen to the conversation therein.

On Friday morning, however, Feuerhelm could not recall whether Colten was leaning against the door or simply standing next to it. She also testifed that she did not see Colten with a recording device or anything else in her hands at the time, and that she was not aware of any existing recording of the conversation. 

Feuerhelm is the court clerk for St. Croix County District Court Judge Edward Vlack—the judge presiding over Colten's civil case on the day in question.

The chief investigator in the case against Colten—Lt. Eric Atkinson of the —gave similar testimony when pressed by Nelson. 

Atkinson confirmed Hudson Police Department does not have an electronic copy of any conversation taking place in a conference room on May 2. He also testified that no search warrant of her property was ever executed and that Colten has repeatedly denied recording the conversation in the conference room.

"So, the only information you have is that (Patt Colten) was standing outside the conference room on May 2," Nelson asked during the hearing.

"Yes," Atkinson replied.  

Atkinson also told the court he relied on "witness statements alone" to compile information in the case and ultimately recommend felony charges against Colten. 

Despite testimony that seemed to shake the State's case against Colten, District Court Judge Scott Needham said he was "satisfied" with the evidence presented and elected to bring the matter to trial.

"The unfortunate reality is that a tie, so to say, goes to the State," Nelson told Patch. "Our next step in the process is to show she's not guilty of anything."

Needham scheduled Colten's arraignment for Feb. 7 at 9:45 a.m.