Woman who left gun in church bathroom appears in court

CREATED May 5, 2014

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WAUKESHA -- Susan Hitchner wanted Monday to be her first and only day in court.  

The court, in no uncertain terms, said no; she'll be back.  

Prosecutors accuse Susan Hitchner of carrying her gun into Elmbrook church and leaving it - by accident - in the bathroom. Police claim someone found the semi-automatic weapon loaded with a live round and with the safety off.

Hitchner didn't deny that today - her defense team just didn't agree that posed a danger to anyone.

 "This criminal complaint doesn't do anything to outline or identify who was endangered or how they were endangered, how long they were endangered, when they were endangered or why they were endangered," claimed defense attorney Lloyd Carter.  

Today's proceedings took place at intake court, however, so it was not a trial. Prosecutors didn't have to prove a case, and instead state simply had to present evidence that Hitchner might have committed a crime.

 The judge said the state did provide sufficient probably cause - noting that young girls in the church could have found the gun in the bathroom.