WAUSAU — A former Wausau firefighter accused of sexually assaulting a female patient in an ambulance is asking a judge to throw out DNA evidence against him, alleging he was not properly Mirandized before the sample was taken.
Clifford “CJ” Heiser, 33, faces felony charges of third degree sexual assault and misconduct in office related to the Sept. 12 alleged assault.
Heiser was arrested in September after DNA tests revealed his saliva was found on the breast of a 29-year-old patient, who told investigators Heiser touched her inappropriately. He resigned from the Wausau Fire Department shortly after the allegations were made.
On Nov. 13, Kenneth Andraski, a defense attorney representing Heiser, filed a motion to suppress the DNA evidence along with any statements Heiser made to investigators, claiming police did not issue a proper Miranda warning beforehand. The Wausau Police Department investigated the alleged assault.
In court filings, Heiser’s attorney is also raising questions about the woman’s memory and perception of events, and is seeking access to her medical, counseling, and drug or alcohol treatment records.
Heiser is also requesting an out-of-county jury hear the case, amid concerns over pretrial publicity and statements made by Wausau Fire officials in the wake of the accusations.
Heiser is free on a $2,500 cash bond. A status conference is set for Jan. 4.