Page 1

Manitowoc Counw

Circuit court

State of Wisconsin STATE OF WISCONSIN

Plalntiff, -vs-

DA Case No.: 2010MN000892 Assigned DA/ADA; Mark R' Rohrer Agency Case No.: K10-0420 court case No.: Iû 15D ATN:

ct

Ryan J. Zellner 1343 Mccormick Street Allouez, WI DOB: 01/30/1978 Sex/Racer MÄrV Eye Color; Hai¡ Color; l-leight: Weight: Aliasl

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ÐIRCUIT COURT

Th-öindersfgñed complainant, beiñg duly sworn, stðtes that the following complaint is hue and correct.

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Count f.¡ SEXUAL ASSAULT OF A CHILÞ UNDER 16 YEARS OF AGE I The abov+named defendant beh^/een January 1, 2Q10 and March 31, 2010, in the CiW of Kiel, Manitowoc County, Wisconsin, did have sexual contact with a child under the a to sec.948.02(2)' 939'50(3Xc) wis. stats" a.çl¿ conviffin may ¡e Rnéd not more thail-One Hunàred Thousand Dollars-or imprisoned not more than forty (40) years, or both.

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2: CHILD ENTICEMENT WCount --contrary ,

The above-named defendant between January L, àOLO and March 31, 2010, in the City of KIel, Manitowoc County, Wisconsin, with ¡ntent to have sexlql conta{t wlth the.child in v¡ola.Ïon oj

Section94B'02,w¡s,stats.,dí¿.uu'"achild"ËWhg¡9dnotattáined Stats., a ü.áæ;f-ùNi,eafs to go inro a room, contï¿ry to sec. 948.07(1), 939.s0(3¡d) Wis.

an6 uõon conviction may be fined not more than One Hundred Thousand lôo), or imprisoned not more than iwenty five (25) years, or both'

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cAusING cHr[D > t3 To vrEw/LIsrEN To sExuAL AcTIvrrY

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in the City of Kiel, The above-named defendant between lanuary 1, 2010 and March 31, 2010,

ManitoWocCounty.wi'consi'iiiaintentionuirytauseachild,Gwhohas years to.view sexually explicit attãnãO the age ói tt'ineen years but has not tgg4-d-1g

of age

contrary to sec' conduct is toi the prrpos"t of sexualy--affiÇ@!$y\the actor, conviction mav be 948.055(1)&(2Xb), 939.50(3Xh) w¡s. @,t', ? Clãss H Felonyy'nd upon more than six (6) fined not more than fËn-ìt'ãìéunO Doìàß-{+1€?090)r€f.4mpírisoned not years, or both.

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Count 4: SEXUAL EXPLOTTATION OF A CHXLD.EMPLOY'USE,INDUC

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The above-named defendant between January t, 2010 and MarÇh 31/ 2010, ¡n the City of Kiel' engage Manitowoc county, Wisconsin, persuaded, eniiced or in sexually explicit conduct for ihe purpose of recording or displayinlffiWqy\conduct, contrary to sec. 948,05(1Xa)&(zpXa), 939.50(3Xc) Wis. Stats.lA-lllass C FelonÞ,ánd upon conviction may be fined not more than One Hundred Thousan¿TDÖtlãrr(fl00'000), or imprisoned not more than forty (40) years, or both"

coercedll-ll!to

And furthermore, invoking the provisions of Wìsconsin Statute Section 939,617'

upon convict¡on the Court shall ¡mpose a bifurcated sentence including a term of ¡nitial conf¡nement for at least f¡ve years, The Court may ímpose a sentence less than five years or place the person on probation upon a finding on the record that the Court finds the lesser sentence is in the best interests of the communiry and the public will not be harmed.

And furthermore, invoking the provislons of Wisconsin Statute 973,042(2), upon conviction for a crime under 948.05 or 948,L2 and the defendant is at least 18 years of age at the time of the commlssion of the crime, the Court shall impose a surcharge of $500.00 for each image or each copy of an image, as defined in 973.t)42(1), associated with the crime' The coutt shall determtné the numter of images or coPies of images associated with the crime by a preponderance of the evidence and without a jury, COüNI 5: USE OF A COMPUTER TO FACILITATE A CHILD SEX

CRIMEI}

The above-named defendant between January 1, 2010 and March 31, 2010, in the Clty of Kiel' Mani-towoc Çouirty, Wisconsin, did use a computer¡zed communication system to communicate *no the actor bèfieved or had reasqn to believe had not attained with ttrà a!ËEi@illtFlñtent to have sexuat contact or sexual intercourse with üre indlvidual 48.02 (1) or (2), contrary to sec. 948,075(1r), 939.50(3Xc) Wis' Stats., a upoÀ conviajôn may be flned not more than One Hundred Thousand ior iinprlsoned not more than for1ry (40) years, or both'

And furthermore, invoking the provisions of Wisconsin Statute Section 939'617,

upon confinement conviction the Court shall iñrpose á bifr¡rcated sentence including a teryr of inltial place the for at least five years. The Court may ¡mpose a sentence less than five years or is in sentence person on probation upon a finding on'the record that the Court finds the lesser ifre Uest inierests of the community and the public will not be harmed'

count 6:

MTSCON DUCT/OFFTCE-ACT/ EXCESS

AUTHORTTY{;"

ln the City of Kiel' The above-named defenclant between January 1, 2010 and March 31/ 2010r employee, did an act which is not in lris lawful Manitowoc county, Wisconsin' as a by law to do, contrary to sec. 946'12(2), authoriV or which the conviction may be fined not more than 939.50(3Xi) Wis. not more than three (3) years and six (6) Ten Thousand Dollars ($10, months, or both.

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Count 7: CAuSING CHILÞ > 13 To VIEryIISTEN TO SEXUAL ACTIVITY

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The above-named defendant on or about December 25,2007, in the City of Kiel, Manitowoc

County,Wisconsin'didintentionallycau5eachild,ilrWhohasattainedthe

age of thirteen years but has not attained 1B years of age to vlew sexually explicit conduct if the viewing is for the purposes of sexually aEggiE€#€ÈaÍryhg the actor, contrary to sec. a Class H Felony)and upon conviction may be 948.055(1)&(2Xþ),939"50(3)(h) Wis" Statqí-, fined not more than fen Ìtrouian¿ DollarìT$t$,€eÐr-oc-imúisoned not more than six (6) years, or both,

Count

8:

ATTEMPT SEXUAL EXPLOTTATION OF

A

CHTTD.EMPLOY'USE,INDUCE

(ARM) The above-named defendant on or about Decembef 25,2007, in the City of Kiel, Manitowoc to County, Wisconsin, attempted to Persuãded, enticed or coerced way the ¡n any purpose dlsplaying of or recording engage in sexually explic¡t conduct for the 939.50(3xc), 939,32 Wis. stats., an attempt con! 948.05(1xa)&(2pxa), conduct, y, and uilon convictlon may be flned not more than Fifty Thousand to commliãC Dollars É50,000),iiñ-¡soned not more than twenty (20) years, or both,

lFIt

And furthermore, invoking the provisions of Wisconsin Statute Section 939.617,

upon conflnement initial term of a including . conviction the Court shall impose 'Courta bifurcated sentence less than five years or place the a sentence years. lrnpose five may The for at least person on probadon upon a finding on the record that the Court finds the lesser sentence is in the best interests of the community and the public will not be harmed. And fufthermore, invoking the provisions of Wisconsin Statute 973.042(2), upon conviction for a crime under 948.05 o|. g+g,ti and the defendant is at least 18 years of age at the time of the commission of the crime, the Court shall impose a surcharge of $500.00 for each image or court shall each copy of an image, as äefined in 973"042(1), associated with the crime, The crime by a Oèterm¡ñé the numb-ei of images or copies'o] images associated wíth the preponderance of the evidence and without a iury.

Count 9t EXPosE CHILD TO IiARMFuL DESCRIPTIoNS

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¡n The above-named defendant beh/veen septernber.l, 2008 and March 31, 20.i0, lh: _ciy,_Îf harmful material, K¡el, Manitowoc Counry. Wisconsinr did expose upon convlction conirary to sec, 948,1L(2)(am), 939.50(3Xi) wis.: Statsl d not more than three (3) years and six (6) months, or both.

Count tO: SEKUAL EXPLOITATToN OF A CIIILD-EMPLOY,USE'INDUGE

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28' ?qqi1!$ The above-named defendant between January 1, 2OO9 and February r¡åiîãnito*oi county, Wisconsin, Persuaded, enticed or ãngãg. in sexually expiicit conduct for the Purpose of recording or wis' coñ¿uct, contrary to sec. 948.05(rxa)&(2pxa)' 939'50(3xc) Thousand ãn¿ updi.ì conviction may þe Rned'nôl more ftran one Hundred or lmprisoned not more than forty (40) years, or both'

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And fuÊhermore, invoking the provisions of Wisconsin Statute Section 939.617,

upon conviction the Court shall impose a b¡furcated sentence including a term of in¡tial canfinement fOr at least f¡ve yeArs. The Couft may impose a sentence less than fiVe years or place the person on probation upon a findìng on the record that the Court finds the lesser sentence is in the best lnterests of the community and the public will not be harmed'

And furthermore, ¡nvoking the provisions of Wisconsin Statute 973,042(2), upon conviction for a cr¡me under 948.05 or 948,L2 and the defendant is at least 18 years of age at the time of the cornmission of the crime, the Court shall impose a surcharge of $500,00 for each image or each copy of an image, as defined in 973.042(L), associated with the crime' The couÈ shall determine the number of images or copies of images associated with the crime by a preponderance of the evidence and w¡thout a jury,

Count .

ll:

SExuAL EXPTOITATION oF A CHILD-EMPLOY'USE,INDUCE

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The above-named defendant between October 1' 2009 and March 31, 2010, in the City of Kiel, engage in Manitowoc County, Wisconsin, Persuaded, enticed or coerced conduct,, sexually expliclt conduct for the purpose of recording or , and upon contrary to sec. 948,05(1Xa)&(2pXa), 939'50(3Xc) Wis" or 100,000), Hundred corwiction may be fined not more than One imprisoned not morÊ than forty (40) years, or both.

of

Wisconsin S'tatute Section 939'617, upon confinement convicuon the Court shdl iñrpose á bifurcated sentence including a term of initial years or place.the ior at teast five years. fhe'Court may impose a sentence less than five person on probatíon Upon a f¡nding on the iecord that the Court f¡nds the lesser sentence is in the best interests of the commun¡ty and the public w¡ll not be harmed'

And furthermore, invoklng the provisions

conviction for And furthermoref invoking the provisions of Wisconsin Statute 973'042(2),-upon years of age at the time of á crime under 94g.0S or-Sae,rZ and the defendant is at least 18 each image or the commission of the crime, the Court shall impose a surcharge of $500.00 for The court shall each copy of an ¡mage, as äénnua in 973.042(1)/ assoc¡ated with the crime'

determine

the number oi

ìrigè; or copies'oi images associatd with the crime by a

preponderance of the evidence and without a jury'

Count L2= SOLICITATION OF SEXUAL EXPLoIÍATION OF A ËMPLOY,USE,TNDUCE

CHILD-

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2B' 2010' The aþove'named defendant between January 1, 2010 and February advised another ig-n*1u'09ã,'elliceg

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'li:iïïir"iå:"Ë.i."i'lilj"ü,'*"nsmr displaying in anY 939.30 Wis. Thousand

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10,000), or

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sec" 948.05(1Xa)&(2pXa)' 939'50(3Xc)' convlction may be fined not more than Ten more than six (6) Years, or both-

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PROBABLE CAUSE!

The complainant is informed by the reports of Dennls Jacobs, known to the complainant to be a detective with the Man¡towoc County Sheriffls Depadment, that he was informed by the Kiel Police Department and Kiel School District Administratoi, John Lewis, that Ryan.l, Zellner was employ-e{-as a *el High School teacher since 2007 and employed as the Kiel girls'basketball coach for the 20092010 school year,

interviewedf *ÍsÞteds.heisaàudentatKielHighSchoo|andshewas-awareateacherand nrmerõus female students of K¡el High School.G The complainant is inlormed by the reports of Det, Jacobs, that on April 2,zOtO he

basketball coach, Ryan Zellner, text messaged stated between Janúary, 2010 and the end of February, 2010 she received inappropriate text meswges from Ryan Zôilner at her home in Kiel, Manitowoc County, Wiscons¡n" In these meçsages, on at lõa5¡ one oécasion, he qqked lçqto send "naughty pics" which she believed to,me_an."naked"' m"sqgeqfrightened!_Istated she wãs cautious to never be.alone.with Zellner.

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ä:1,t:îffi J'Ë*HF-i*,#}Ë-i*u.täim',,r";snit;í.T;l,m' phone,

The complainant is informed by the reports of Det. Jacobs that on April 2, ?O1O he interuiewed

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ë!.r.l^.|¡h.Fô.:l\,ô'ltA\,.trnêcçãíÊqfrnmRv¡n7ellner:hoWeVer,thevulerenot

¡nappropriate' ln the Fall of zuuurf ooserveo LexL messiJgcs lrurrr Ñyarr tt""'' *,lt texts askedlwhaSrpe of underwear she has on and also stated' " I'm horny"'

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The complainant is informed by the reports of Det. Jacobs that on April 2,29L0 he interyiewedlr dûring her sophomore year, which was the 2007 - 2oo8 school vear, planner and ;heìras upset in class about someihing, Ryan Zellner taught the class, Zellner took her *.te f'¡s þhone number in n- zãttner iloui¿ calt her to talk about non-school matters, which she

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**Èmg¿iîìäx'*iffi1fi'-'*li:i:îi:5i"ii:';ï:iîEli"Tiä::Hi"'.x;ff [:låi"' because he texted her and asked "it would be a one occasion, stre tnougni zJin*r *ur intoxicated but she made up fun ttiong." 2ellner al6 asked her if she wanted to meet up with him somer¡lhere, message while she was exçuses not to. In tne Winter oi ã007 - 2008,l3ecalled receiving a text so horny right at her residence ¡n Kiel, fulãnìtowoc Countyr Wlsäãstn, from Zellner itating "I'm

now"'

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The complainant is informed by the reports of Det, Jacobs, that on Aprìl

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he spoke with

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the-hotel bathroom. that it was zellner because she knows Zellner's phone number from past phone contacts with Zellner, Jlreported these observations a teacher at Kiel

toil

HÍgh School,

The complainant is ¡nformed by the reports of Det. Jacobs that on April 5, 2010 iÜ_- was interviewed, she confirmed tobiervations and statements thai she was witñLfrom Narch was texting and she L7,zOLo to March 19, 2010 iñ NaO¡son at the State basketball toumament, she was te¡ting Ryan Zellner and Zellner was texting her with sexually expllcit messages ¡ncluding asking Jforìqked pictures. sent naked plctures of herself on the phone to Zellner at his request, said thatin lanuary and February of 2010 she had sent Zellner numerous photos of herself naked, These photos were sent from her residence in the City of Kiel, Manitowoc CounÇ, Wisconsln. These photos were sent at Zellner's request and he would suggest sexual acts for her to perform and photograph and then asked her to send the photos to him. Zellner also sent her photos of an erect naked penis that she believed was his penis, She received this photo via her cell phone while at her residence in the City of Kiel, Manitowoc County, Wisconsin. Between January 1, 2010 and February 28t 20L0, on multiple occasions, while in his classroom at the Kiel High breasts and vaginal School in if'e city of K¡el, Mañ¡towoc County, Wisconsin, Zellner area, Zellner texted f,after basketball practice and summoned her iróm the locker room/gym area to hls classroom, They were in his classroo,q-lvell after school hours when no one else was in that area of Kiel High School. Zellner also hadttouch hls erect penis, either by telling her or by placing her hand on his penis.Jsaid all the touching and/or fondling occurred over the clothing. that Zellner called heî ànd engaged in "phone sex" with her late at night when she was at her home in the City of Kiel, Manitowoc Counb/, Wisconsin,

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*said

The complainant is lnformed by the reports of Det. lacobs that on April 5, 2010 he interviewed

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did this and observed chaù with her and reqüésted that she go to the MSN site to video chat. Zellner wearing a sweatshift and a t-shirt, Zellner removed the sweatshi¡t, Zellner asked if he should take hiÀ clothes off. Zellner then began to strip and when he got to his boxer shotts, Zellner stated that Zellner from the chat, was touch¡ng his penis over his clothing. asKed her questions âbout the last time she masturbated and wanted her to turn on her web cam received a¡-email from and touch herself so that he could See it. Two to three days later, not to tell Zellner apologizing for the incident and stating he was Intoxicated. Zetlner tofd

fexited

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anyone about the incident.

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The comBlainant igjljrormed by the reports of Det, Jacobs that on April 5, 2010 he

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interviewedäl

F*;'rlr.tiif ¿lî'ül:ili,:ïåå,1ï,i:;,i33i;Í"'3ï;ïi'#åitrÍ,6:, problems and that "my wife is not pleaslng me sexually".

i"iärr"ag;that

he was having marital with Zellner telling her She stated Zellner textecl her at ñight and at times it Would become non-stop, that ûre mood,. ánd asked hér "if she was". Zellner texted her and wanted her to call so itutt< oirty" to each other. Additionally, he asked questions about her sexual contact with still a virgin' and Èer'boyfriend, and Éow tne sex was with her boyfriend, Zellner asked if she was penis statedihat he coutd be þÁtter sexually than her'boyfriend. Zellner described how large his from Zellner was and inquired ¡f she maitur¡ated. In March of 2010,|Ltt"."iu"¿ a text message her clothing and stàting, .'I want to put ñ ¡; á tigt-'t one right now. tsad." ZËllñer also commented on idd hä how good dn" toor"à iñ spanOex. Zellner asked what she wore under her spandex and

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talked abçut her wearing thongs, Zellner getting into trouble.

instructedt

to delete the text messages to avoid

informed The complainant is informed by the reports of Det. Jacobs that he was fufther

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bYtthat

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H!;nTL-5':li:;'sË:ii*;;ff siJ:få1ffi ;,Fã.ît3,;l'il"'l*'*"*äK"J'y;'':i," law.

enforcement'

intervieweO4t

The complainant is,i¡formed by the reports of Det. Jacobs that he Ryan Zellner was one.of her tea,che/s a! KiglHrsh l:lo:^"-.-^. ånHi é'ioió. ^,-,^^i of 2009' ffi#thi;t',;l^Fzåilåär¡iære textins each other bv cell phone in January and February Countv, ff1iii*t¡nS occurred whllefwai át ñer res¡dence in the CiW of Kiel, Manitowoc alked if she was horny and reqqesleq wlsconsin. During this perioñf time zellner teKed 10 to 20 photos rhar she rake nude photos oft'érsåif an¿ send them tõTim. :ePrl1mglery

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'*"iF ;iH.',:"fñåtÏaîr¿åå:x'frTi:"fl ,îï:::í:åHt3:'J:itiH*'"t':lT;!ïif Zellner told and sent these tert messages'

Kiel, Manitowoc, County Wùtónsin w¡un she received öti'äËri,:Ëîñtr=u ià*i ,"àr*ses and not tell a¡yo.ne. Zellner also ffiat was happening he would lose his job and family'

toldf,

that if people found out

2010 he was further The cornplainant is ¡nformed by the reports of Det' Jacobs,-t¡ai91^nO¡il,!' i, ãoos and March 31, 2010 while at her residence in the citv and requested she send him of Kiel, Manitowoc Counryf Wisionsin, Zélner.agaln contacted her a-r"u, She did send him approxfmately ten such photoqraphs of her naked oläãJt ã"ä "ãsinut period' time þf,otoõ,abtrs during the above listed

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Kamp is.believed u::l*,"-11,1:Yg]llgll* lacoþs and Jeremv uvrrrr¡s¿YYv rJr Dennis - 'ett' The Itrs information rrrrurrrrquvrr provided Pr .,vrvrss¡ by rtre information provided by I true and reliable information in the past as policqil[s --^ir¡,rih^ is believed because they are providing experience. informatton baseo upon mef,þilrsonal observations and

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Approved by comPlainant for filing:

Mark R. Rohrer District AttorneY State Bar No: 1001681 Subscribed and sworn to before

menis&lay of April, 2010'

District Attorney

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Complaint against Ryan Zellner  

Complaint filed Monday, April 12, 2010, in Manitowoc County against Kiel teacher Ryan Zellner.

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