Pastor gets probation, community service

By TED SULLIVAN ( Contact )   Wednesday, May 13, 2009
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— A pastor convicted by a jury of obstructing an officer was sentenced Tuesday to a year of probation and 100 hours of community service.

David J. Fogderud, 66, of 3545 S. Riverside Drive, Beloit, was arrested in August 2007 on suspicion of not cooperating with officers questioned him about an attempted kidnapping report in Janesville.

Fogderud, the founder of The Overflowing Cup Total Life Center in Beloit, saw two boys at Burger King, 400 W. Centerway, and invited them to a Christian rock concert, attorneys said.

The boys were scared, attorneys said, and they reported an attempted kidnapping.

Meanwhile, Fogderud left in his vehicle, and he was later pulled over at Centerway and Main Street, attorneys said.

The police stopped Fogderud to question him about an attempted abduction, but he wouldn't cooperate or answer questions, assistant district attorney Mary Bricco said.

"The defendant does not respect the criminal justice system," she said. "The defendant doesn't like living by other people's rules."

Fogderud's attorney, Jeffrey Livingston, said the traffic stop was a misunderstanding on both sides.

Fogderud didn't know he was under investigation for attempted kidnapping, Livingston said, and the police didn't know he merely attempted to invite the teens to a concert.

The police were aggressive and never explained the traffic stop, Livingston said at a previous court hearing.

In court Tuesday, Fogderud said he respects police.

"I was raised by Godly parents to respect authority," Fogderud said. "I do not believe I am above the law."

Rock County Judge James Daley said Fogderud should have cooperated with police.

Fogderud might never have been charged with a crime if he had cleared up the attempted kidnapping misunderstanding right away.

"You showed less than good judgment," Daley said. "You're here because of what you did and your choice of conduct."







reader COMMENTS (4)
ladystardust
Nov 8, 2009 at 8:35 p.m.
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If this guy was african-american, do you think it would have been different

blood
Jun 15, 2009 at 4:40 p.m.
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Sentencing Dave to community service is like sentencing Mother Teresa to work at a soup kitchen. How can we respect a criminal defense system which clearly violated this man's constitutional right not to incriminate himself? They should have informed him he was being charged with kidnapping and read him his rights, or instructed him that they only wanted to understand what was going on. When police aggressively stop someone and demand answers they should also have to inform the person they don't have to answer if they choose not to. Dave has served his community and his God for as long as I've know him; he has suffered devasting hardships and lived on pennies so the homeless and down and out in Beloit always had a meal and place to sleep. I have no doubt that when he walked out of the court room he forgave the shortsightness of the judge and the prosecuter. Some things are better handled by common sense and not the rule of law!!!

darius
May 15, 2009 at 9:01 a.m.
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devils, he's a pastor. Someone no doubt has an agenda. The gazette did when they put the headline in the paper about all this. I don't always agree with Pastor Fogderud's approach to everything, but, his heart is solid. This whole thing is much bigger than he and the police, you're right.

Devilsadvocate
May 14, 2009 at 12:19 a.m.
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""was arrested in August 2007 on suspicion of not cooperating with officers ""

There isn't any such charge in Wisconsin law.

""Rock County Judge James Daley said Fogderud should have cooperated with police""

In a free society there can be no laws that require one to cooperate with the police.

""The police stopped Fogderud to question him about an attempted abduction, but he wouldn't cooperate or answer questions, assistant district attorney Mary Bricco said.""

Every citizen has the right to remain silent.
so sayeth the US constitution.

Once everything was sorted out, the case should have been dropped.

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