STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY STATE OF WISCONSIN Plaintiff, ~s- ‘ COURT CASE #: COPY MARIA J STEPHENSON DA Case #: 2011DA0077185 1435 Spring St Agency Case #: DCSD 10-325602 Black Earth, WI 53515 DOB: 10/27/1981 Sex/Race: FW Eyé Color: Hair Color: Height: Weight: Alias: Defendant(s). SUMMONS THE STATE OF WISCONSIN TO SAID DEFENDANT: Accomplaint, a copy of which is attached, having been made accusing the defendant of committing the crime(s) of: THE CRIME(S) O} OFFENSE DATE: CONTRARY. TOWIS. STAT(S),: intentional Child Abuse - Bodily Harm; PTAC. on or between 948.03(2)(b); 939,05 Intentional Child Abuse - Bodily Harm March 9, 2008 948.03(2)(b) Intentional Child Abuse - Bodily Harm through October —_948.03(2)(b) Intentional Child Abuse - Bodily Harm; PTAC 31, 2010 948.03(2)(b); 939.05 on or between August 1, 2010 through October 31, 2010 on or between November 1, 2010 through November 24, 2010 on or between May 7, 2009 through November 21, 2010 The original of such complaint has been filed in the office of the Clerk of Courts for Dane County. You, the defendant, are therefore summoned to appear before the Circuit Court of Dane County, at the Dane County Courthouse, 215 S. Hamilton Street Madison, WI 53703 in courtroom 1A on: DATE/TIME: Thursday March 24, 2011 at 10:30 a.m. ‘And in case of your failure to appear, a warrant for your arrest may be issued. Macca \, 20 Ztnul gc Rude. Date Assistant Distrlet Attorney 3/17/2011SEATE OF WISCONSIN - VS - Maria J Stephenson CERTIFICATE OF SERVICE I hereby certify that I served a copy of the Summons and Criminal Complaint upon the within named defendant by: (.) Personal service $A Substitute service by leaving with: Taattt 0 StePHéSer) () Attempted (() Not Found mj Ie lead Date: _g3-i3~I\ By DCSO Dep:_Cliwt_SEcTen IF YOU REQUIRE THE ASSISTANCE OF AUXILIARY AIDS OR SERVICES BECAUSE OF A DISABILITY, CALL (608) 268-4678 (TDD (608) 266-4625) AND ASK FOR THE COURT ADA. COORDINATOR 3/7/2011 2STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY CRIMINAL COMPLAINT ‘STATE OF WISCONSIN Plaintiff, ~vs- MARIA J STEPHENSON DA Case No.:'2011DA001195 1435 Spring St Agency Case No.: DCSD 10-325602 Black Earth, WI 53515 Court Case No.: DOB: 10/27/1981 ATN: WW Hair Color: Height: Weight: Alias: TIMOTHY D STEPHENSON 1435 Spring St DA Case No.: 2011DA001195 Black Earth, WI 53515 Agency Case No.: DCSD 10-325602 DOB: 12/16/1982 Court Case No.: Sex/Race: MW ATN: Eye Color: Hair Color: Height: Weight: Alias: Defendants, COMPLAINING WITNESS William Hendrickson, Mary Butler __ The above-named complaining witness being first duly sworn states the following: Count 4: INTENTIONAL CHILD ABUSE - BODILY HARM - PTAC (As to defendants Maria J Stephenson and Timothy D Stephenson) The above-named defendants on or between March 9, 2008 through October 31, 2010, in the Village of Black Earth, Dane County, Wisconsin, as a party to a crime, did intentionally cause bodily harm to a child, APS, DOB 09/09/2007, contrary to sec. 948.03(2)(b), 939,50(3)(h), 939.05 Wis, Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both. Count 2: INTENTIONAL CHILD ABUSE’ - BODILY HARM (As fo defendant Maria J Stephenson) The above-named defendant on or between August 1, 2010 through October 31, 2010, in the Village of Biack Earth, Dane County, Wisconsin, did intentionally cause bodily harm to a child, APS, DOB 09/09/2007, contrary to sec. 948.03(2)(b), 939.50(3)(h) Wis. Stats., a 2125/2011SEATE OF WISCONSIN - VS - Timothy D Stephenson, Maria J Stephenson Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both. Count 3: INTENTIONAL CHILD ABUSE - BODILY HARM (As to defendant Maria J Stephenson) The abo ve-named defendant on or between November 1, 2010 through November 21, 2010, in the Village of Black Earth, Dane County, Wisconsin, did intentionally cause bodily harm'to a child, APS, DOB 09/09/2007, contrary to sec. 948.03(2)(b), 939.50(3)(h) Wis. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both. Count 4: INTENTIONAL CHILD ABUSE - BODILY HARM - PTAG (As to defendants Maria J Stephenson and Timothy D Stephenson) The above-named defendants on or between May 7, 2009 through November 21, 2010, in the Village of Black Earth, Dane County, Wisconsin, as a party to a crime, did intentionally cause bodily harm to a child, TMS, DOB 02/07/2009, contrary to sec, 948.03(2)(b), 939.50(3 \[h), 939.05 Wis. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (8) years, or both. FACTS Background: Aleitheia Bible Church (ABC) In November 2010, the Dane County Sheriff's Department (CSO) commenced an investigation of possible child abuse occurring within a religious group in the Mazomanie area known as the Aleithela Bible Church (hereinafter ABC). Numerous DCSO Detectives and Deputies investigated and learned that the ABC was formed in 2006 as a result of a break within the Curtis Street Bible Fellowship (CSBF) in Mazomanie, WI. Between December 2010 and February 2011, the DCSO submitted approximately 450 pages of reports to the District Attorney's Office for review. Det. Mary Butler interviewed Mark Cymbalak on 11/18/2010 who is the present full- time pastor at the CSBF. Pastor Cymbalak advised that before the split in 2006, the board of directors at the CSBF consisted of 11 elders including himself, Phil Caminiti, John Caminiti, Todd Barsness, Darwin Parman and Bob Wick. Pastor Cymbalak explained that the board was supposed to work together to share decision-making; however Phil Caminiti wanted to be in charge and asserted that he had better qualifications than the others. Pastor Cymbalak recalled that Phil Caminiti wrote two papers describing why he should be the church's leader. In March 2006, Phil Caminiti left the CSBF along with Todd Barsness, Darwin Parman and Bob Wick and their families. Phil Caminiti then formed the ABC. Pastor Cymbalak stated that Phil teaches "shunning" and that members of the ABC actively shun members of the CSBF by ignoring them and.refusing to interact with them or their children in any meaningful way. Cami Phil Caminiti resides at 835 Blue Mounds St., in Black Earth along with his wife, Denise (Parman) Caminiti and seven of their nine children: Andrew Caminiti, DOB: 03/20/1985, Carissa Caminiti, DOB: 06/18/1987, Lydia Caminiti, DOB: 03/26/1990, Elisa, DOB: 12/28/1992, MDC, a male, DOB: 05/09/1995, AJC, a male, DOB: 09/01/1997, and CJC, a male, DOB: 12/07/2000. The youngest, CJC is homeschooled, while EMC, MDC. 202572011 2STATE OF WISCONSIN - VS - Timothy D Stephenson, Maria J Stephenson and AJC attend Wisconsin Heights School. Phil Caminitis eldest, Maria (Caminiti) Stephenson, DOB: 10/27/1981, is married to Timothy Stephenson. They have fwo young sons, namely APS, DOB: 09/09/2007 and TMS, DOB: 02/07/2009, and belong tg the ABC. Phil Caminit’s second eldest, Matthew B. Caminiti, is an ABC elder who is married to Alina (Harrison) Caminiti. They have two young children, namely ANC, a female, DOB: 06/18/2008 and DBC, a male, DOB: 12/21/2009. They are members of ABC. Maria (Caminiti) Stephenson Maia and Timothy Stephenson reside with their sons, three-year old APS, DOB: 09/09/2007 and 22-month old TMS, DOB: 02/07/2009, at 1435 Spring St., Black Earth, WI. Tim and Maria Stephenson are members of the ABC. On 12/01/2010, Deputies Tim Blanke and Cindy Holmes interviewed Maria Stephenson (hereinafter “Maria’) in her home. Dep. Holmes asked Maria about the type of discipline utilized within her family, Maria began by describing the concept behind the discipline as including "catch everything we don't like about what kids do," which involves "seeing everything," and then "stopping unwanted behavior." Maria stated that she disciplines her sons by having them sit ina "selfishness" room where they think about what they did (wrong), and also the physical act of spanking them. According to Maria, her father, Phil Caminiti, who is an elder at the ABC, instructs other church members on how to utilize rodshwooden dowels for spankings and counsels members of the church as to how to correctly spank with the dowel. Maria explained that they spank within their house and make sure that nobody else can see, She explained that this is not because they are ashamed or trying to hide what they're doing, but because outsiders would not understand. When asked what behaviors would result in spanking with the dowel, Maria said that if her sons made a “decision” to disobey, did not listen, or willfully disobeyed. Maria also stated that the behavior might also include being emotional or crying, such that if they are habitually crying and told not to, this may result in being spanked. Maria used the term “grumpy, explaining that this was the equivalent of a bad attitude, and said that she could tell if her child was just being defiant. Maria said at her sons' current ages, (three years old and-22 months old) they know better than to say "no" out loud. She explained that her sons will substitute verbal defiance with body language and facial expressions, which Maria described as "grumpiness.” Maria indicated that she deals with this “grumpiness” by spankings. When asked when she began spanking her sons, Maria recalled that she started spanking TMS when he was approximately three months of age, and APS at around six months of age. Maria explained that when her boys were this young, she and Tim used a wooden spoon or a very skinny dowel, not the same dowel that they would use now. Deputy Holmes asked how she knew that her babies were getting the message she was trying to convey. Maria said that they would cry because they “just got hurt.” At this point, Maria said that she knew that they knew the meaning of "no." Maria explained that "the message is conveyed through pain.” When asked by the Deputy how she knew the difference between a baby simply crying and something that would indicate "willful or deliberate" defiance, Maria stated, "You just have to know your children." Maria provided an example that her 22-month old son, TMS, expresses anger by crying and has a facial expression that she is familiar with, 2nsnoit 3STATE OF WISCONSIN: VS - Timothy D Stephenson, Mari Stephenson which indicates he is being willful or deliberate as opposed to needing something. Maria said that prior to any spanking at that age, she would always make sure that her child had a clean diaper and had been fed and that there weren't any other causes behind the érying. If the crying did not stop after being told “no” then the child would be spanked, Maria said that prior to any spanking; she always discusses with her boys what happened, including what they are doing and the reason for the spanking. Maria stated that after the spanking, she always says that everything is "now perfect" and that things are "fine with mommy." Maria stated that the spankings always involve bare buttocks and she usually hits them approximately three times with the dowel. Maria said that afterwards she sits the child on her lap and talks to them, saying that now things are perfect and they can move on with the rest of their day. Maria says that in a "very small way, she's trying to be Christ-like to her kids.” When discussing marks or injuries, Maria Indicated that a few weeks ago during a spanking situation, APS moved and she inadvertently hit him on his right hip, which may have left a mark ot a bruise. Maria stated that sometimes APS will try to block the spankings with his hands, but she tells him “no” and he then stops trying. Maria described the most recent spanking of APS as occurring "a few weeks ago." Maria stated that the spanking may have occurred during her attempts to potty train APS when he was refusing to sit on the toilet. Maria explained that APS was spanked for this defiance. Maria stated that when her husband Timothy arrives home, she always tells him about any situations that occurred during the day regarding her sons and their behavior. Maria agreed to show Dep. Holmes the-wooden dowels they used for spanking. Maria did state that a directive had been sent out by the church (ABC) or someone within the church that it would be a good idea for people to throw the wooden dowels or rods away. Maria did not believe that this was an absolute decision about not spanking their children anymore, but was rather a response to questioning by the DCSO regarding their discipline practices. Maria stated that she had received a telephone call from her sister Carissa Caminiti that same morning regarding getting. id of the wooden dowels. Maria retrieved two dowels which were approximately 15 to 17 inches long and about 1 inch in diameter. Later another dowel was retrieved from the family's van and also taken as evidence. On 02/16/2011, Det. Mary Butler went to the Stephenson residence and spoke with Maria Stephenson who was holding her three-week old newbom. Det. Butler asked Maria if she was using the rod on her baby to which Maria replied, “not yet." Det. Butler advised Maria that the DCSO would continue to pursue the protection of these children under the law to which Maria replied that “this” is her religion and belief. Maria then requested that Det. Butler leave her home. Timothy Stephenson Deputy Homes next interviewed Timothy Stephenson who acknowledged that he spanks both of his sons about once a week, always on their bare bottoms and always with a wooden dowel. Tim admitted that he started spanking this way when APS was approximately 6 months old and TMS was around 3 months old. 2125/2011 4STATE OF WISCONSIN - VS - Timothy D Stephenson, Maria J Stephenson uo Tim stated that if he is home at the time his children are defiant or disobedient, he will usually handle the discipline. Tim stated that rying is okay, however, they are expected to stop crying within a reasonable amount of time after the spanking. Tim explained that he then will tell the boys that “everything is perfect now and we're fine.” Tim stated that there was "something about using an inanimate object that seems better." He also stated "more pain, less damage.” When asked about leaving marks or bruising, Tim did recall some sort of bruising or mark noticeable on both of his sons at least a couple of months ago, although he could not recall the situation preceding those spankings. Tim said that it did. seem to hurt them, as they would cry. Phi Cam ‘On 11/30/2010, Dét. Dawn Johnson interviewed Phillip Caminiti (hereinafter “Phil. Phil stated that he goes over to his daughter's home (Maria and Timothy Stephenson) About two times a month and they visit his house. Phil recalled an incident approximately three months ago where APS awoke from a nap and was "grumpy." Maria took him into another room at his house and used one of his rods, which he keeps in his bedroom closet by his shoes, to hit APS twice. Phil stated that he has seen Tim take his boys away when they were misbehaving. Phil said that he knows that Tim spanks the boys and recalled the last incident occurring about two months ago. Phil recalled that TMS was spanked for not obeying or not putting his toys away and "needed fo be corrected." Phil advised us that TMS "knew better" and “he has obeyed that command before" and therefore spanking was “justified.” Affiant Your affiant is a Detective with the Dane County Sheriff's Department (DCSO) who has knowledge of these facts from reading: 1) the official law enforcement agency reports of the DCSO prepared by Deputies Josalyn Longley, Timothy Blanke, James Kartman, Stacy Dura-Jacobs, Cindy Holmes, Leslie Fox, Clint Selzner, Todd Dosher, Richard Bennett and Brooke Gagner; as well as the reports of DCSO Detectives William Hendrickson, Mary Butler, Janet Boehnen, Dawn Johnson, Steve Wegner, Peter Hanson, Gwen Ruppert, Brian Lukens, Ron Dom and Katherine Wessel, whose reports are reliable as they were prepared in the normal course of law enforcement duties; and 2) the statements of Phillip Caminiti, Timothy Stephenson and Maria Stephenson who are eyewitnesses to the facts they related and provided their statements contrary to penal interests. Subscribed and swom to before me, and approved for filing on: This [2 dayor Mauer, 204) be CUI 4 ASSISTANTIDEP DISTRICT ATTORNEY SOMPLAINANT | 7°7/72hsen 2925/2011 5