Content warning: This article contains information about sexual assault.
University of Wisconsin-La Crosse student, 19-year-old Logan Zdanowicz, is facing a second-degree sexual assault charge of an intoxicated victim.
The Kenosha teen’s preliminary hearing was held March 10 in the La Crosse County Circuit Court to determine if there is enough evidence of Zdanowicz’s charge to proceed to trial.
The judge presiding over the hearing was Judge Mark Huesmann. Huesmann was appointed in 2023 as a circuit court judge, before his appointment he worked as a trial attorney and full-time professor at UWL for 10 years.
Zdanowicz was represented by Attorney Aaron Nelson of Nelson Defense Group out of Hudson, WI.
The State of Wisconsin was represented by Assistant District Attorney Susan Donskey.
The courtroom saw a number of college-aged individuals in attendance, as both the defendant and the victim are students at UWL.
Called to testify was UWL Police Officer Andrew Dahl. Dahl took the report from the victim, 19-year-old female student at UWL, and answered questions regarding that report.
Dahl clarified, following questions from Donskey, that the UWL female student had went to Tequila’s Bar and Grill with friends where she ran into Zdanowicz and other friends. Her and Zdanowicz had met the week prior through mutual friends and Dahl did not indicate that they had a close relationship.
After attending a house party, a group that included Zdanowicz and the female student went back to Laux Hall, where the incident took place.
Per the report, Dahl explained the female student was “carried on the shoulders” of friends back to her room while Zdanowicz was present. Dahl believed she was carried because of level of intoxication.
The female student reported to Dahl sexual intercourse occurred between her and Zdanowicz. Regarding her physical state, Dahl, referencing the report, said, “She was unable to open her eyes and at one point made a comment that she didn’t know what was going on.”
Donskey asked if communication between Zdanowicz and the female student continued the following day. Dahl could not describe the conversation, but the words “I’m sorry” were reported as a text from Zdanowicz to the female student.
UWL Police Officer Nicholas Ames had contact with Zdanowicz. Dahl reviewed the criminal complaint containing excerpts from Ames’s report with Zdanowicz, who was questioned about a game of roofie roulette. The game was brought up in conversation with the students prior to the incident in Laux Hall. Zdanowicz said he never participated in the game.
When Zdanowicz was advised that the female student had said there was sexual intercourse between the two, Zdanowicz “stated that it probably happened,” said Dahl.
Zdanowicz’s attorney, Nelson, first directed questions about roofies to Officer Dahl. Dahl agreed there was no chemical evidence of the date-rape drug and that no one had reported observing someone putting something into a drink the night of Feb 22.
Nelson inquired about how the female student was able to obtain alcohol at Tequilas Bar and Grill that night.
“Did she lie to get alcohol?” asked Nelson, to which Dahl said he was not sure.
Nelson asked if it was correct that the female student told Dahl there was no force used, no injuries, no weapon used and no threat, all to which Dahl agreed this was correct.
Nelson directed questions to Dahl about the timeline of events the night of the incident and the female student’s ability to recall those events. Nelson asked Dahl about the female students memory “during” the sexual encounter.
“It’s the during that her memory is somewhat limited, agreed?” Nelson directed to Dahl, to which Dahl agreed.
Dahl agreed to Nelson’s question that the female student never “verbally said no to sex” to which Assistant District Attorney Donskey interjected.
“It is about her intoxication level and her ability to give consent,” said Donskey.
Zdanowicz’s attorney clarified with Dahl that Zdanowicz had put himself at an eight, on a drunkenness scale of one to ten. Zdanowicz also put the female student at an eight. The female student put Zdanowicz at a five.
Nelson asked Dahl if “other people might perceive the drunk person to be less drunk than the drunk person actually feels.” To which Dahl agreed.
Dahl agreed to statements from Nelson that Zdanowicz never told the police he had an “actual memory” and was “speculating about what might have happened in that room.”
Zdanowicz told UWL officers that “he wouldn’t have done that.” Nelson asked Dahl if it was correct that Zdanowicz “didn’t have a memory and was relying on his character.” Dahl confirmed this was “correct.”
Judge Huesmann found probable cause that a felony was committed and bound Zdanowicz over for trial.
Arraignment was delayed due to Nelson’s request for a substitution of the judge. Huesmann allowed Nelson time to consult with Zdanowicz about the substitution before taking his plea.
Zdanowicz is set to be arraigned on Wednesday, March 12 at 2 p.m. where the court will hear his plea.