Courtroom conundrum: Former officer accused could have pleaded out but didn't, why?

WAUKESHA CO. (WITI) -- A big surprise in court for a former Butler Police lieutenant accused of taking inappropriate photos of an exotic dancer. Brian Pergande had an opportunity to plead to a lesser, misdemeanor charge. But now, he's likely headed to a trial on a felony.

As attorneys and Judge Donald Hassin take their place in Waukesha County court, the case against Pergande seems pretty cut and dry.

The district attorney agreed to amend charges from a felony to disorderly conduct. The charges stem from an incident in September 2009 with an exotic dancer -- when Pergande was a lieutenant with the Butler Police Department.

"What is it specifically that you did that is causing you to plead no contest to disorderly conduct this morning, Mr. Pergande?" asked Judge Hassin.

"I took photos that were eventually blown up, I believe," said Pergande.

"What?" asked the judge.

"I took photos of a female I arrested," said Pergande.

"Why would you plead no contest to disorderly conduct for doing that?" asked the judge. Then there was a long pause.

Pergande allegedly took four pictures of the woman in front of a whiteboard. Investigators say the pictures were not consistent with standard booking photos. According to the criminal complaint, at least two of the photos focused only on the woman's breasts.

Brian Pergande

The accusations are part of a larger issue at the Butler Police Department -- where officers are accused of watching porn on the job and using racial slurs. Pergande and another officer have filed a federal lawsuit against the county and village, saying evidence gathered against them was done illegally.

Pergande admits to taking the photos, but says the pictures were altered after the fact.  The judge clearly wanted Pergande to take responsibility for his actions. Now, it's potentially headed to trial.

The district attorney told FOX6 News misdemeanor charges are still a possibility. A hearing has been set for five days before Pergande could face felony charges in October.

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