by Brian Mahany
After 27 years as a lawyer and law enforcement officer, nothing surprises me. Almost nothing. The civil suit between Therese Ziemann of Appleton, Wisconsin and Donessa Davis of Fond du Lac is one for the history books.
According to the lawsuit, Ziemann lured Davis to a local motel after believing that he was cheating on her. Davis claims he was drugged with Xanax and GBH, a popular date rape drug. He was then tied up, threatened with a gun, humiliated by three other women and had his penis glued to his body. That assault made national news last year. The civil suits filed this month are even more fascinating.
That Davis has filed a suit is not surprising. He says the assault at the hands of four women left him emotionally scarred. He also claims some medical difficulties resulting from the attack on his manhood. Although the facts are unusual, it is essentially a suit for assault and infliction of emotional distress. The story doesn’t end there, however.
Ziemann immediately filed a countersuit against Davis accusing him of fraud. She says that Davis’ complaints of emotional distress are nonsense; she claims he called her after the incident in the hopes of “renewing an intimate relationship.” She also says his claims of medical problems are false. According to her lawyer, Davis is “as fit and virile as ever.”
Too much information, if you ask me.
She also claims that Davis was a philanderer who sought vulnerable women and attempted to get them to financially support him. She says his suit for money damages is an extension of his fraudulent attempts to get money from women.
Ziemann may be correct that Davis is nothing more than a cad. There is just one problem with her suit, however. According to public court records, Ziemann was convicted of disorderly conduct and battery for gluing Davis’ penis. She was convicted in December of 2009 by then Calumet County District Attorney Ken Kratz. (Kratz himself made national news earlier this fall for sending sexual text messages to domestic violence victims.)
The civil suits between the parties are still pending.
Fraud suits are serious business. Our economy loses billions of dollars per year to fraud. This case, however, strikes me as nothing more than an abuse of our legal system and how it is sometimes used to simply air dirty laundry.
Calumet County Wisconsin has a population of just 45,000 residents. According to their logo, they extend the peace pipe to all mankind. One has to wonder what kind of tobacco they have been smoking in that pipe.
Mahany & Ertl is a full service law firm that represents institutions and individuals who are the victims of fraud. We collect judgments, find hidden assets, uncover fraud, unwind fraudulent conveyances and pursue offshore assets. We also have a team that represents victims of sexual assaults and sex abuse. Whether family members, priests or day care workers, we civily prosecute those that take advantage of others.
Notwithstanding the above story, we do not represent philanderers and jilted boyfriends who find themselves on the receiving end of a tube of super glue.
Call Brian Mahany for a no nonsense, no obligation review of your case. Our asset recovery lawyers have handled cases throughout Wisconsin and the United States. Brian can be reached at 414-704-6731 or through either firm website, www.mahanyertl.com or www.discriminationlawyer.com