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Updated: Friday, 30 Nov 2012, 5:32 PM CST
Published : Friday, 30 Nov 2012, 3:46 PM CST
FOND DU LAC - A New Berlin man who allegedly helped tie up his own son and watched a dog attack him is headed to trial.
Joel Kennedy is charged with substantial battery and reckless injury for the attack against his son Joey.
Detectives say Kennedy watched as Richard Lisko repeatedly commanded his dog to attack.
The lawyer for Joel Kennedy argued Friday charges of substantial battery and negligent use of a weapon against his client should be dismissed.
"This case is basically about a dog having an attack, Mr. Kennedy had nothing to do with the dog attacking his son," said Kennedy's attorney John Swimmer.
But Swimmer argued his client was fearful of what might happen to him if he didn't let Rickard Lisko's dog attack his son.
"He felt he had no choice and his actions we believe will look reasonable in light of the evidence presented," said Swimmer.
According to the criminal complaint, Lisko accused Joey Kennedy of stealing coins and morphine pills from Lisko's Campbellsport farm in August. The complaint says Lisko and Kennedy tied his son to a post by his ankles. The complaint says Lisko then commanded his dog to attack.
The judge denied Swimmer's request to drop any charges. He also denied the request to lower Kennedy's bail from $50,000.
Swimmer says the full extent of his client's actions will come out at trial.
"At the end of the day the facts will show our client’s beliefs, perhaps mistaken, were reasonable in the context of the situation."
The trial is scheduled for four days beginning December 17th. Richard Lisko is scheduled for trial in February.
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