Update on charges against Darnick

Special to ACN-Times Press
By Rick Cohler

Brown County Circuit Judge Kendall Kelley will issue a written decision on a motion to dismiss felony charges against former Seymour Community High School teacher and coach Nicholas Darnick, 35, of using a computer to facilitate a child sex crime and child enticement-sexual contact. He resigned his teaching position in June, 2016.
Defense Attorney Brian Maloney filed a motion to dismiss the charges in October, 2016, contending that police overstepped state Department of Justice guidelines in the way it pursued Darnick for more than a month. Maloney had obtained a list of the DOJ guidelines from the Internet, but it was disclosed that that document has since been updated. During testimony, on Tuesday, March 7, Oconto Falls police officer Jamie Kuhn, contacted Darnick following his placement of an ad on Craig’s list seeking a sexual relationship. Kuhn posed as a 15-year-old girl and continued the investigation. She testified that she believed the DOJ document could not be released because it contains investigative techniques that could harm similar investigations. Discussion over what could be released from the guidelines occupied most of the hearing. “Did they follow their own rules?” Maloney asked.
After conferring with the DOJ by telephone, Judge Kelley released the information to both prosecution and defense attorneys with the provision they do not disclose the information to others.
Earlier in the hearing, under questioning about gaps between email or text contacts with Darnick, Kuhn repeated that Darnick was given opportunities to stop, but did not. She testified that on May 16, 2016 she had decided it would be her last effort to meet with Darnick. His subsequent trip from Seymour to an Ashwaubenon location resulted in his arrest.
Both sides will submit written briefs and Darnick’s next court appearance is scheduled for July.