JUNEAU — A defense attorney objected in court Wednesday to the use of cellphone records to link his client to the victim in a reckless homicide jury case being heard in Dodge County Circuit Court.
Brian Larson, 29, is accused of delivering a fatal dose of heroin to Dakoda Kline, a 25-year-old from Juneau, in April 2017.
Larson, of Beaver Dam, is charged with felony counts of reckless homicide by way of delivering a controlled substance, two counts of manufacturing or delivering heroin and two counts of bail jumping.
Larson’s defense attorney, John Smerlinski, said the prosecution was attempting to use records not certified as coming from the cellular provider. He made the assertion while an expert testified about the calls made between Kline and Larson’s phones around the time of Kline’s death.
Dodge County Assistant District Attorney Yolanda Tienstra said she was proposing to have Anthony Hollmaier, a senior criminal intelligence analyst, testify on his technical knowledge of cellular phones with the records he routinely relies on with his work.
“We will have him present a timeline that outlines the voice calls and texts between the two numbers,” Smerlinski said.
Dodge County Circuit Judge Martin De Vries said Hollmaier would assist the jury in understanding the connection between the two phones when he overruled the objection.
Hollmaier went through the calls and texts between April 7, 2017, and April 9, 2017. Kline began attempting to contact Larson on the afternoon of April 7. The next day, the communication continued between the two. Hollmaier also explained that Larson’s phone was used both in the Beaver Dam area and Milwaukee on that day.
“When was the last time a call or text originated from Dakoda Kline’s phone?” Tienstra asked.
“It was outgoing on April 8, 2017, at 4:40 p.m.,” Hollmaier said.
Kline’s body was found the next day inside his truck, which was parked, still running, at Oakwood Cemetery in Beaver Dam.
Smerlinski said the state of Wisconsin regulates certification in cellular mapping and asked Hollmaier if he was certified. Hollmaier said he was not.
Smerlinski had Hollmaier go over the times of the calls, which were all under a minute. He also asked him if he was asked to check other numbers.
“Not that I can recall, but it was two years ago,” Hollmaier said.
Other witnesses Tienstra called included a confidential informant who said he purchased heroin from Larson around the time of Kline’s death.