The attorney for Samanta Roy Institute of Science and Technology, Inc. CEO Naomi Isaacson said he would seek dismissal today of a misdemeanor charge of obstructing an officer filed against his client last August.
Isaacson is scheduled for an adjourned initial appearance today in Shawano County Circuit Court on the charge, which resulted from a disturbance at the former Ponderosa restaurant, located on property SIST owns.
A municipal citation for loitering issued against Isaacson during the incident was thrown out last month in Shawano Municipal Court, along with a loitering charge against Kal Gronvall, who was in Isaacson's car at the time.
According to Shawano Police, Isaacson refused to give her name while being issued the loitering citation and was arrested for resisting or obstructing an officer.
Substitute Municipal Court Judge David Cveykus dismissed the loitering charges against Isaacson and Gronvall after a trial on Jan. 16.
"It was a huge win for Naomi and a huge win for SIST," said Isaacson's attorney, Alan Eisenberg.
Eisenberg said the dismissal of the loitering citations means there is also no basis for the subsequent resisting and obstructing charge.
"I will request it be dismissed," he said, adding he planned to file a motion to that effect at today's hearing.
The Aug. 24 incident occurred as the Ponderosa restaurant was closing down for good at the location it had been renting from SIST. Police received employee complaints that evening of being videotaped and monitored by members of SIST, according to police reports.
Eisenberg argued the employees no longer had the right to be on the property because the business was closed and the Ponderosa was no longer a tenant. Therefore, he said, they also had no right to complain about the presence of SIST representatives on SIST owned property.
Eisenberg called the action against Isaacson and Gronvall a "malicious prosecution" that violated their civil rights and said a possible legal response was "under consideration."
Shawano city attorney Tim Schmid shrugged off Eisenberg's allegations of malicious prosecution.
"We have trials all the time when somebody breaks the law," he said. "Then it's up to the judge or a jury to make the decision."
