FOND DU LAC - Two men accused of using a dog to attack another man will stand trial.
Richard Lisko of Campbellsport and Joel Kennedy of New Berlin are accused of tying up Kennedy's 18-year-old son Joel Kennedy Jr.
Lisko then allegedly commanded the dog, an Argentine Mastiff, to attack the teen.
In Fond du Lac County court Friday morning, the attorneys for both men wanted Kennedy Jr. to testify at the preliminary hearing.
Judge Richard Nuss said it was unnecessary and unreasonable to make the teen testify because prosecutors only need to prove a crime may have been committed.
The defense attorneys argued Kennedy Jr. was the only witness to the alleged crime.
"He's glad to be here and he can tell us what really happened and we can hear exactly what happened as opposed to hearsay and the court said we can call witnesses. To us, who better to testify as to what happened," said Dan Stevens, attorney for Joel Kennedy.
"I am not here to pass judgment beyond a reasonable doubt or any burden other than probable cause, given the state's competing inferences, that's what a preliminary hearing is. I will not let this turn into a sideshow alright?" stated Judge Nuss.
"I only want five minutes of his time," said Stevens.
"You aren't going to have two seconds of his time," replied Judge Nuss.
According to authorities Lisko and Kennedy set the dog on the teen, because they believed he stole 110 morphine pills from Lisko's home.
Kennedy's attorney says by not allowing Kennedy Jr. to testify, the judge only heard one side of the case.
"Facts and circumstances will be presented that show why Mr. Kennedy did what he did, he has a good explanation, we will present that explanation but I am not going to try this case in the media," said John Swimmer, attorney for Joel Kennedy.
Kennedy is being held on a $50,000 cash bond, while Lisko is being held on a $100,000 cash bond.
Each man will enter a plea before separate judges.
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