Legal questions arose Monday surrounding the arrest of Antony Periathamby, a School of Dentistry research professor who is charged with using a computer to facilitate a child sex crime, in a motion hearing in Waukesha County Circuit Court.

Periathamby was arrested by city of Brookfield Police Department Feb. 27 after he allegedly tried to meet a 13-year-old girl in a Pick 'n Save parking lot at 17630 W. Bluemound Road to have sex. Periathamby's is a felony charge.

Brigid O'Brien Miller, director of university communication, said the university would not comment on the details of Periathamby's employment status. O'Brien Miller said Periathamby "is an employee of the university, but he is not working on campus."

Waukesha County Prosecutor Debra Blasius called four Brookfield police officers to testify Monday. Blasius called Lt. Jeffrey Schramm, Sgt. Brian Demeuse, Officer Jesse Morales and Officer Golomski, who did not give his first name in testimony, all from the city of Brookfield Police Department to testify about Periathamby's arrest.

Golomski testified that Periathamby had used the screen name "Togerking" to chat with who he thought was a 13-year-old girl and to set up a meeting for sex.

Deanna Heath, a citizen witness from Michigan who works for U.S. Cyberwatch, an Internet monitoring group, and who was posing as "Christie Balsa," the fictitious 13-year-old, called the Brookfield Police Department on Feb. 27 to alert them that Periathamby would be waiting in the parking lot of a Pick 'n Save at 17630 W. Bluemound Road.

Heath had provided police with descriptions of Periathamby and his vehicle and told the police where he would be waiting, Golomski said.

The police testimonies provided support for defense attorney Robert LeBell's motions that Periathamby was arrested illegally and that some physical evidence in the case should be suppressed.

According to Schramm's testimony, Periathamby's vehicle was blocked by two squad cars during the questioning.

Periathamby voluntarily went to the Brookfield Police Station for further questioning and officers told Periathamby he was "free to go" but not free to take his own vehicle, Demeuse said.

LeBell questioned what Demeuse meant by "voluntarily" because Periathamby was not permitted to drive his own vehicle to the station.

"We asked him to come back and he agreed to come back," Demeuse said. "We wanted to have a written statement."

Periathamby was first approached by police officers at about 7:20 p.m. and was formally arrested at 9:41 p.m.

Periathamby was told repeatedly that he was not under arrest and not in custody, but was escorted in Morales' squad car to the police station, Morales said. He did not verbalize any complaints about the escort or ask to leave, according to Morales.

"Why did he have to be told that he was coming back to the station under his own free will?" LeBell asked.

Morales did not give a direct answer but said, "Periathamby was asked to complete a written statement and did so."

Periathamby was also asked to fill out a consent form so his computer at home could be seized, Golomski said.

During the interrogation at the police station, Golomski received a fax from Heath with a photo of Periathamby and the Internet conversation. Morales said this information was "confirmatory."

It was not until Periathamby filled out the statement and consent form that Schramm instructed Morales to place Periathamby under arrest and to read him his Miranda Rights.

LeBell raised the issue of the difference between Periathamby being cooperative with police versus invoking his rights.

Schramm testified that Periathamby's computer was seized from his residence around 10:50 p.m., after he had invoked his Miranda Rights.

Blasius re-called Schramm to the stand and asked him why he did not arrest Periathamby at the Pick 'n Save.

According to Schramm, the photograph and Internet conversation had not been received by the police department because of technical difficulties, so the department was still gathering information about the nature of the case.

LeBell will present his case on Nov. 14.

This article was published in The Marquette Tribune on October 25, 2005.