A 49-year-old Minocqua man had charges including failure to maintain sex offender registry, two counts registered sex offender intentionally photograph a minor without consent, knowingly fail to notify a school of sex offender status and 10 counts of possession of child pornography dismissed Tuesday afternoon after Oneida County district attorney Mike Schiek explained the defendant is facing a federal indictment on related charges.
Matthew K. Kummer made his initial appearance on the state charges Oct. 29, 2019, before Oneida County Circuit Judge Michael Bloom. He was ordered held on $100,000 cash bond as the case moved forward. The criminal complaint alleged Kummer went to a Rhinelander school to pick up a friend’s daughter and did not notify the school or update his address with the state, as outlined in his sentence on a 2008 conviction for possessing child pornography. A county deputy saw and questioned Kummer that day, where he admitted he was a registered sex offender.
As part of his sentence in the 2008 case, Kummer was mandated to file with the state sex offender registry, at least until 2026.
An additional state charge was filed in November 2019 when jail staff reportedly discovered Kummer video chatting with two juvenile female relatives. As part of his bond, he is not allowed contact with minors.
On Jan. 8, 2020, a federal grand jury handed down an indictment alleging that a USB storage device found in Kummer’s possession on Oct. 27, 2019 contained visual depictions of minors engaging in sexually explicit conduct and one of the children in the images was under 12 years old.
In light of the federal charges, Schiek asked the state charges be dismissed “without prejudice,” meaning they can be refilled later, if necessary. Meanwhile, a federal arrest warrant would automatically take Kummer into custody on the federal charge.
“The warrant will attach and he will be transported down to federal court,” Schiek said.
Kummer’s public defender Mary Burns did not object, but said Kummer has not been served with the papers in the federal case yet.
“I did inform him a federal defender has been appointed for him, and what their name is and her contact information for his family,” Burns said. “He has not seen the indictment yet, and I told him his federal defender will go over that with him.”
Bloom said those were matters the federal court in Madison would have to address.
“In light of the fact that, Mr. Kummer is subject to prosecution by the United State’s Attorney in federal district court, granting the state’s motion to dismiss these cases without prejudice at this time is not contrary to public interest,” Bloom ruled.
He then granted the motion to dismiss the state charges.
“And, as they say, the feds are going to pick this one up,” Bloom added.
If convicted on the federal charge, Kummer could be sentenced to up to 20 years in federal prison.
Jamie Taylor may be reached via email at [email protected].