Story originally printed in the La Crosse Tribune or online at www.lacrossetribune.com

Published - Friday, August 08, 2008

Area couple wants their own experts to examine weapons

By BRIAN D. BRIDGEFORD / Lee Newspapers

BARABOO, Wis. — Defense attorneys want their own experts to examine rifles and supposed silencers made from PVC pipe before they are used as evidence in a trial for a former Sauk County couple now living in the Coulee Region.

Lawyers for Edward J. O’Brien, 32, now of Onalaska, Wis., and Rebecca K. O’Brien, 28, now of Sparta, Wis., had a hearing Thursday with Assistant Sauk County District Attorney Kevin Calkins and a judge to discuss the next step in the O’Briens’ case.

The O’Briens are each charged with eight felony criminal counts, including manufacturing marijuana, possessing fully automatic rifles, possessing silencers and possessing bomb-making materials.

Calkins told Sauk County Circuit Judge Patrick Taggart the defense attorneys want to have their own expert test the two rifles and three alleged silencers. He reserved the right to have the items checked by technicians at the Wisconsin State Crime Laboratory before the defendants’ expert handles them.

During previous court testimony, an agent of the Bureau of Alcohol, Tobacco and Firearms said he tested the guns by working their mechanisms and was confident they would fire repeatedly with one pull of the trigger.

Both prosecution and defense testing would be done at the crime lab in Madison, Calkins said.

“Basically, it will take a day to do the testing,” said La Crosse-based attorney Cheryl M. Gill, who represents Rebecca O’Brien. “It’s an issue of scheduling."

According to court records, Edward O’Brien called the sheriff’s department to his home June 12, 2007, after he said his wife walked away during an argument. Officers searched the surrounding area and could not find Rebecca O’Brien, but she returned later that evening.

After more than an hour of searching, Deputy Steve Pyfferoen asked Edward O’Brien to let him view the inside of the home to make sure there had not been a disturbance there, according to the records. O’Brien eventually relented and voluntarily let the officers enter, Pyfferoen said.

Pyfferoen said he could smell marijuana shortly after walking in the front door and he then sought a search warrant.

Officers report finding a hydroponic growing operation and 70 marijuana plants hidden in the basement, according to court records. They also found two military-style rifles illegally converted to fully-automatic fire, the three silencers, explosive powders and materials to make pipe bombs, records show.

Taggart allowed six weeks for the parties to get the testing done before they decide on the next step in the case. They will hold a conference again Sept. 29, he said.

Brian D. Bridgeford is a reporter with the Baraboo News Republic.