October 23, 2013 | 10:36 AMELKHORN — A 67-year-old Waterford man faces two felony perjury charges after he allegedly falsely testified during his own criminal proceedings.
If convicted, Haesi Heribert Fanizius faces up to 12 years imprisonment and $20,000 in fines.
On Jan. 7, Fanizius pleaded guilty to a felony charge of identity theft for a case that was filed in November 2010. In that case, Fanizius is accused of using his son's Social Security number for employment purposes and to open a bank account.
After Fanizius pleaded guilty to the charge, a sentencing hearing was scheduled for March 6 and a presentence investigation (PSI) was ordered. A PSI is a report written by the department of corrections that reviews the Crime, the defendant's background and makes a sentencing recommendation. The PSI recommended probation with conditional jail time, according to transcripts of testimony from the motion hearing.
Prior to the sentencing hearing, Fanizius made a motion to withdraw his guilty plea.
On July 5, according to the criminal complaint, Fanizius testified that he wasn't given a copy of the PSI prior to the sentencing hearing.
However, when his former attorney, Valerian Powell testified, he provided a series of emails between his client and himself. In the emails, Fanizius wrote that he believed there were errors in the PSI, according to the criminal complaint. The email correspondence occurred prior to the sentencing hearing.
Fanizius also testified that he has previously been convicted of one Crime. However, the PSI and other government documents indicate that Fanizius has four previous criminal convictions, according to the criminal complaint.
Fanizius' motion to withdraw his guilty plea on the identity theft charge was granted. He is now scheduled for a Nov. 18 jury trial. If convicted of that count, Fanizius faces up to six years imprisonment and $10,000 in fines.
The Rock County Sheriff's Department began its investigation into Fanizius after his son received a notice from the IRS about owing additional money in taxes. Police later learned that Fanizius allegedly opened a checking account using his son's Social Security number at a Lake Geneva bank.