Trial ordered in beating of Orfordville woman
JANESVILLE — The man accused of nearly beating an Orfordville woman to death in May was bound over for trial Friday, despite his attorney twice asking for the case to be dismissed.
Dustin L. Sperb, 21, of 440 N. Parker Drive, Janesville, appeared in Rock County Court for a preliminary hearing on felony charges of first-degree sexual assault and aggravated battery.
He is suspected of beating Sandra L. Cole, 47, of 3119 S. Old Highway 11, No. 35, Orfordville, on May 10 in her home in Country Courts Trailer Home Park.
His defense attorney, Tod Daniel, objected to an exhibit detailing a state crime lab report, claiming the state failed to prove a proper chain of custody with its evidence. When his objection was denied, Daniel moved for a dismissal.
Daniel also asked for the case to be dismissed after hearing testimony, claiming the state didn’t have enough evidence to support the charges. His request was again denied.
According to the criminal complaint:
Sperb was drinking alcohol at a bonfire in the trailer park on the night of the attack, and witnesses say he was wearing a Yankees baseball cap.
Witnesses told investigators Sperb left the fire and was gone for a few hours. Sperb told detectives he walked away from the fire and passed out.
Cole’s blood was found on the T-shirt that Sperb wore that night. He also is likely the contributor to a DNA mixture found on Cole’s body.
A New York Yankees baseball cap also was found in Cole’s home.
A deputy was conducting a burglary investigation at a neighbor’s home the day after the attack when Cole’s son, William Wagner, found her.
“At first I didn’t recognize her. She was so swollen,” Wagner testified Friday. “There was blood everywhere.”
Cole was unconscious and partially nude, he said.
She was evaluated at Mercy Hospital in Janesville, testified Jackie Friar, coordinator of Mercy’s Sexual Assault Nurse Examiner Program.
A nurse found signs of sexual assault, she said.
Detective Brian Meister testified he questioned Sperb the day after the attack and saw that Sperb’s knuckles were red and swollen.
Sperb claimed his knuckles were that way because of automotive work, Meister said.
When Sperb was arrested in June, he changed his story, claiming his knuckles were red and swollen from hitting a speed bag, Meister said.
When confronted with the DNA evidence, Sperb claimed he didn’t know how his DNA got on Cole, Meister said.
Sperb also asked if it would be better to say he had consensual sex with Cole but then claimed he didn’t remember what happened, Meister said.
Cole remained in a coma in Mercy Hospital in Janesville for weeks, officials said, and she was later moved to Milwaukee for special treatment.
Cole is no longer on life support and is recovering in a rehabilitation center, Wagner said. She understands people and can answer questions with one word.
Sperb remains in jail on $40,000 cash bond. He is expected to enter a plea to the charges Sept. 2.
Sep 3, 2009 at 9:53 a.m.
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The best place to start to organize a benefit is a bar, we had one for my sisters little guy with SMA that she takes care of and it was at a bar. It was nice. There were bands, food, raffles. My hubby and myself donated a turkey mirror by miller high life and it got over $100 in the raffle. It was really cool.
Sep 1, 2009 at 1:31 p.m.
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I would like to have a benefit for Sandy if there is anyone that knows how to put a benefit together please email me at msjkn71@yahoo.com! Thanks
Sep 1, 2009 at 9:37 a.m.
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gonefishin... the thought police need to keep the news in line with political correct thinking, if people really knew all the facts they would probably stand up and do something, removing comments keeps them in line...ignorence is bliss...
Aug 31, 2009 at 11:41 a.m.
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To be serious, I do hope she makes a full recovery and wish her well.
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What a horrible excuse of a human.
Aug 31, 2009 at 10:49 a.m.
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I hope she will make a full recovery. I have said it before, but I really hope she is able to be in court and point at that p.o.s. as the guy that did this to her.
Aug 31, 2009 at 10:17 a.m.
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He's not cheap. Somebody's got money.
Aug 31, 2009 at 12:01 a.m.
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After seeing "Inglorious Basterds" this weekend...I'd like to give Tod Daniel something "he can't take off" ;)
Aug 30, 2009 at 6:26 p.m.
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Sandy's neice again - Thank you for the continued prayers I believe they have truely helped. My thoughts and prayers continue to go out to Dustins family. As far as his attorney it is his job to try to get Dustin out of it (HIS JOB!) and if he can find something that the crime lab did wrong, then that is a way for him to do it.
Aug 30, 2009 at 4:54 p.m.
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WOW! Cant say piece of garbage? pathetic Gazette. Tell the truth and they remove your comment. Frickin hilarious.
Aug 30, 2009 at 3:21 p.m.
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Is ljs64 and biggirl one in the same???
Aug 30, 2009 at 1:33 p.m.
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I knew Dustin when he was a teen. I did in school suspension at both Edison and Parker. He was just one of the many kids going the wrong way in life. Every day I open the paper one of the kids I used to supervise is in the arrest records. Parents need to step in sooner, lets say when they are old enough to get a spanking, maybe? He did a terrible thing and I hope he pays dearly, but as all Janesvilleites know, he has dear old Tod as a lawyer and he will not get much of a sentence.
Aug 30, 2009 at 1 p.m.
Aug 30, 2009 at 12:45 p.m.
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This man should be beaten the way he beat this woman. NOBODY deserves to have that happen to them. She is now off life support and in a rehab center which is great.....but now she has to re-learn daily tasks. I cannot imagine what that feels like let alone how this defense attorney can even try to defend this man. Clearly guilty, makes people wonder where the hell morals went. Anything for a dollar, right?
Aug 30, 2009 at 11:47 a.m.
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So ljs64,,, related to this piece of dirt are you?
Aug 30, 2009 at 11:13 a.m.
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What is wrong with you criminal apologists?? Is not the criminal justice system COMPLETELY FLAWED??? You DEFenders are ridiculous, and the reason that we are so lenient on criminals. It's obvious this guy is guilty as sin...get rid of him, so we don't have to read about him again in five to ten years.
Aug 30, 2009 at 10:50 a.m.
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IF he is found guilty he should be shown the door to the next world...
Aug 30, 2009 at 10:40 a.m.
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What a piece of work he is. Quoted from the article-- 'Sperb also asked if it would be better to say he had consensual sex with Cole but then claimed he didn’t remember what happened, Meister said' I hope he gets exactly what he deserves!!
Aug 30, 2009 at 10:30 a.m.
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What is wrong with society?? Is not the criminal justice system founded on INNOCENT UNTIL PROVEN GUILTY??? You ASSumers are ridiculous.
Aug 30, 2009 at 7:14 a.m.
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I hope he goes away for along , long time. Where does this attorney get off thinking this case would ever be dismissed.
Aug 29, 2009 at 11:47 p.m.
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What a horrible crime. My thoughts and prayers remain with the victim.
Aug 29, 2009 at 10:49 p.m.
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dido to what onceadisplacedworker said.
Aug 29, 2009 at 9:45 p.m.
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Did he target her, or was this a random attack?
Aug 29, 2009 at 6:33 p.m.
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save us tax payers alot of money and lock him up and throw away the key.
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