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State Supreme Court Sends Case Back to Sheboygan


MADISON, WI (WHBL) - A more than two year old arson case is headed back to Sheboygan Circuit Court after the State Supreme Court Tuesday upheld a ruling made by Judge Terrence Bourke.  The case involves Andrew Edler, of Waldo, who was 17 years old at the time he is alleged to have set a couple of barn fires in the Cascade area which did minimal damage.  Edler was a volunteer firefighter at the time and allegedly thought it would be cool to go to a fire call.  At issue was a motion by defense attorney Richard Hahn to suppress statements made by Edler after he said to a detective, “Can my lawyer be present for this?"   Judge Bourke approved the motion, saying the defendant’s statement invoked his rights and questioning should have stopped.  The state appealed this ruling because they see Edler’s remark as a question of his right - not an actual request.  The State Supreme Court ruled yesterday that Elder’s statement was an unequivocal, unambiguous invocation of his right to counsel.  The case is scheduled to resume in September.