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By Joe Block 

Man accused of Maplewood sexual assault files motion to dismiss

 

August 2, 2018



Galen J. Malisch, a former resident of Maplewood Nursing Home, filed a motion on July 30 to dismiss two charges against him. Malisch was arrested on May 9 after staff reported he had assaulted two victims.

Malisch is charged with five counts: for the first victim, second-degree sexual assault, intentionally subjecting a victim at risk to abuse, and fourth-degree sexual assault-hate crime. For the second victim, second-degree sexual assault, and intentionally subjecting a victim at risk to abuse.

Malisch’s attorney is seeking to dismiss the first and third counts—second degree sexual assault and fourth degree sexual assault-hate crime--against the first victim. The State invoked the hate crime count because Malisch “…intentionally selected the person against whom the crime was committed in whole or in part because of the defendant’s belief or perception regarding the disability of that person,” according to the complaint. The first count, according to the complaint, was because “[The first victim] suffers from a mental deficiency which renders [them] temporarily or permanently incapable of appraising [their] conduct and the defendant knew of such condition…”

Malisch’s attorney, David Susens, writes in the motion: “The complaint fails to set forth a clear set of essential facts to show that the complainant, [the first victim], suffers from a mental deficiency or disability.”

When questioned by police, Malisch said that he did touch the first victim. According to the complaint, “Malisch was asked if his reasoning for touching [the first victim] was because of [their] advanced age. Malisch stated that in his mind, he hoped that [they] wouldn’t say anything because of [their] advanced age.” The motion notes that Malisch’s attorney could find no definition of disability in Wisconsin Statutes based on age alone.

 
 

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