Showing posts with label Constituional Law. Show all posts
Showing posts with label Constituional Law. Show all posts

Jul 19, 2021

Wisconsin Attorney General Joshua Kaul: For Cops, by Cops

Kenosha cops beat on the people in 2020
Madison, Wisconsin —  Attorney General Joshua Kaul (D) loves cops so much and he is so tough, he works to keep innocents in prison.

At a time when our country is questioning law enforcement, Wisconsin's Democratic leadership is working against the people, for the police, no questions asked.

Kaul brandished his experience as a prosecutor and delivered his message on the Up Front Sunday political show.

It's the same political playbook used by Kaul's mother, former Wisconsin Attorney General Peg Lautenschlager (2003-2007): Take the power of the state against the people, squash them, and take what you can as a politician.

As for the people who get squashed by the police from Milwaukee to Wauwatosa to Appleton to Manitowoc to Kenosha — they're shit out of luck.

It's like this in Wisconsin: As families work to keep their dreams alive, Kaul is working for the cops to destroy lives.

Politically what happens next to Democratic prosecutors looking to cash in by running tough on people campaigns is unknown.

Working against the people didn't work for Kamala Harris' presidential bid: "Most troubling, Ms. Harris fought tooth and nail to uphold wrongful convictions that had been secured through official misconduct that included evidence tampering, false testimony and the suppression of crucial information by prosecutors," notes Lara Bazelon.

But Kaul is worse than Harris ever was in defending wrongful convictions.

My prediction is the little shit is going to get squashed in 2022.

Jul 8, 2021

Dolores Avery — Dead from a Broken Heart

Madison, Wisconsin — Dolores Avery, the mother of the once-exonerated Steven Avery, passed away this morning.

Mrs. Avery is featured in the Emmy-winning Making a Murderer docuseries, shown contending with the ordeal of her son in his battle with dubious law enforcement, as an apparent frame-up scheme by Wisconsin law enforcement devastates her family in 2005.

Steven was exonerated and released in 2003 after an earlier frame-up scheme in 1985 was exposed by the Innocence Project.

After Steven Avery filed a federal civil rights suit, law enforcement took unusual notice of Avery, singling him out as a perpetrator for the
2005 murder of a young photographer, Teresa Halbach.

The Making a Murderer docuseries offers a poignant look at Dolores Avery, distraught and helpless as law enforcement targets and convicts her son and grandson, Brendan Dassey.

Dolores was known locally as a kind-hearted and principled woman who died never understanding why law enforcement and now the Wisconsin Democratic Party leadership worked so hard to imprison a man whom they know to be innocent.

The world-wide community supporting Steven Avery and Brendan Dassey appears to be grieving today.

Avery is awaiting the decision in state appellate court on several pending motions.

Viewers of Making a Murderer were compelled to feel the pain and suffering of Mr. and Mrs. Avery.

Both come off as salt-of-the-earth and bewildered by the massive and onerous Wisconsin legal system that separated their family until Dolores Avery's death.


Jul 5, 2021

Making a Murderer Steven Avery Waits, as State Appellate Court ... Vacations? Sunbathes? Drinks Cold Beer?

State of Wisconsin v Steven Avery
Madison, Wisconsin —The once-exonerated Steven Avery awaits a ruling in his post-conviction litigation in state appellate court as he fights his second apparent frame-up scheme at the hands of Wisconsin law enforcement.

Little cause exists to expect the prosecution-friendly Wisconsin judiciary to impartially issue a ruling, but the courtesy of a speedy resolution to pending motions and other filings appears too much to wish for as well.

The case is State of Wisconsin v Steven Avery, featured in the Emmy-winning Making a Murderer docuseries.

Avery and his nephew, Brendan Dassey, were convicted of first-degree homicide for the 2005 murder of a young photographer, Teresa Halbach. Both men are serving life sentences.

In April,
a credible resident, Thomas Sowinski, came forward and swore he caught conspirators red-handed in a frame-up scheme, witnessing the prosecution's key trial witness plant the murder victim's RAV4 vehicle on the property of the man, Avery, convicted of homicide in 2007.

The innocence community fears the corrupt Wisconsin judiciary is crafting an opinion to deny a hearing, much less a new trial, after this spectacular new evidence.

The Democratic Party leadership, Wisconsin Democratic Party officials, Gov. Tony Evers and Attorney General Joshua Kaul, has made the political decision to work for law enforcement, even the odious and disgraced Avery prosecutor, Kenneth R. Kratz, against the wrongfully convicted.

There are two Republican judges, (
Paul F. Reilly and Mark D. Gundrum) and two Democratic judges, (Lisa S. Neubauer, Jeffrey O. Davis) on  Wisconsin Court of Appeals, District II.

The Court's decision and opinion in
Avery will be political, crafted to whatever is perceived to be in the political interests of the judges, as facts and Constitutional rights fall by the wayside.

So, Wisconsin and Avery wait.

Jul 4, 2021

Independence Day 2021 Faces New Kings and a Nation

Madison, Wisconsin — Tonight, a half-mile to the north and south in our neighborhood, young folks will light off fireworks in near-constant reverie marking the Fourth of July 2021 — Independence Day.

I always go asleep happy for the kids in Summer, out and about during a major holiday.

I love the Fourth of July.

Even as primary constituencies of the Democratic Party today — municipal police and intelligence agencies — have morphed into militantly violent forces opposing halting commitments to liberty that animated some folks during the late 18th century.

The idea that America is free is farce, always has been.
 
Cops and their Democratic Party allies have become zealots of police power used to harass, defame, malign, imprison and kill the citizenry, especially those folks with darker skin.

The judiciary is worse — violent, sanctimonious, and fanatically narcissistic amid trappings of magical capability and glory — these enshrined totalitarian cesspools of malice would repulse even 18th-century British.

Modern-day kings of Great Britain in black robes who ought repel liberty-minded folk here and now, bringing constant challenge to abuse, injury and usurpation are instead lionized as "officers" and "your honor," and don't forget to thank them.

Someone addresses me as "your honor," as a note of respect, I'd tell him to go fuck himself.

Noting the presidency and Congress is self-explanatory.

So, 2021, and here we are. Our nation is not healthy, not judged by liberty, our alleged animating principle.

I'm healthy.

I swear eternal hostility against every form of tyranny over the mind and body of my fellows.

This continues today, and my first target is the Democratic Party of Wisconsin.

At a time when our country is questioning law enforcement and tyranny, Wisconsin Democratic leadership is working against the people . . . for the police.

Until the demonstrably innocent Steven Avery and Brendan Dassey breathe free air, I will oppose the election of every Democrat on the ballot, starting with Gov. Tony Evers and Attorney General Joshua Kaul.

Tony Evers and Joshua Kaul work assiduously to keep men whom they know to be innocent in prison.

And I hold grudges. Keep the faith, people.

Jun 23, 2021

Wisconsin Dems Block Exoneration Seekers

Image is by Otto Dix, German anti-fascist artist
whose work was confiscated by the NAZIs and
displayed as degenerate art. "The Nazis labeled Dix a
'degenerate,' but the term is better applied to the society
he depicted—cannibalizing itself and hurtling toward
destruction," writes Alina Cohen in The Guardian.
Wisconsin today has veered into fascism, and literally no
elected official challenges the police-prison state which
sends innocents to their doom.
Justice Delayed in Making a Murderer Cases

MADISON, WIS — In a legal spectacle this Spring, Thomas Sowinski of Manitowoc swore in a statement that he saw the prosecution's key trial witness plant the murder victim's RAV4 vehicle on the property of the man convicted of homicide in 2007.

In other words, a credible resident swears he caught conspirators red-handed in a frame-up scheme in Wisconsin's infamous murder case drawing headlines in state post-conviction litigation.

Sowinski appears the stuff of movies — maybe, some mused, in response Wisconsin's new attorney general would seek to vacate two murder convictions, amid a vow to clean up law enforcement in east-central Wisconsin.

Movies are not political reality in Wisconsin.

The case is State of Wisconsin v Steven Avery, featured in the Emmy-winning Making a Murderer docuseries.

Avery and his nephew, Brendan Dassey, were convicted of first-degree homicide for the 2005 murder of a young photographer, Teresa Halbach. Both men are serving life sentences.

Most see the spectacle as revenge prosecutions of innocents in Manitowoc and Calumet counties, an insular region of the state known for small-town justice — injustice.

DOJ delay strategy

The Wisconsin Dept of Justice quickly responded on April 16 to the Sowinski statement, filed by Avery attorney Kathleen Zellner.

The DOJ filing includes unfounded accusations challenging attorney Zellner's ethics, and a bizarre statement complaining about the fact that Avery spotlights more prosecutorial misconduct for allegedly withholding exculpatory evidence — a Brady violation.

The DOJ asserted that the sheer multiplicity of alleged Brady violations in the record should be read against the defense.

Avery's attorney, Zellner, reacted with restrained outrage.

Zellner replied to the Court on April 22: "It is a supreme irony that in one of the most blatant examples of a wrongful conviction the State's only response is to falsely accuse Mr. Avery's lead counsel of nefarious conduct for discovering a 6th Brady violation. Rather than seeking justice, the State wants to 'slay the messenger' by putting forth more false allegations, a skill that it has mastered over the last 16 years. The State turns a blind eye towards its past actions of withholding exculpatory evidence."

The Democratic-led DOJ said nothing about the substance of Sowinski's sworn statement, or that the prosecution apparently failed to notify the defense about this witness after he contacted the Manitowoc Sheriff's department in 2005.

Dems stand with police

What is happening in Wisconsin?

Why is the Democratic-led DOJ defending the work of Kenneth R. Kratz, former Calumet County District Attorney, (1992-2010), who was forced to resign in disgrace in 2010 for outrageous conduct in 2009, just two years after prosecuting the Avery-Dassey cases?

Kratz is self-described as suffering from narcissistic personality disorder, sexual compulsion disorder and multiple drug addictions.

Kratz described himself a "dick" for his work as district attorney in which he claimed he could not help himself harassing crime victims because of his disorders for which he was undergoing professional treatment, amid an allegation he possibly assaulted a woman.

Wisconsin Democratic Party officials, Gov. Tony Evers and Attorney General Joshua Kaul, have made the political decision to work for law enforcement, even Kratz, against the wrongfully convicted.

This is political liberalism at its most vicious and irrational.

One month into his term in 2019, Kaul filed legal responses signaling the DOJ would stall Avery's  possible exoneration by filing procedural objections.

The strategy keeps Avery in prison and delays a hearing in County Circuit court, a move necessary before state appellate courts can rule.

In Wisconsin, January-February weather is colder than July-August, and the Democratic Party loves and supports its cops. It's the way it is.

This political climate is why cops feel free to frame Steven Avery and Brendan Dassey. 

It's why cops like Rusten Sheskey feels free to attempt to kill Jacob Blake; and why cops killed and gunned down Paul Heenan, Ashley DiPiazza, and Tony Robinson in Madison.

It's why the racist Wisconsin State Sen. Tim Carpenter (D-Milwaukee) felt free to travel to Madison during the historic 2020 Black Lives Matter protests, pick a fight with protesters, fake a collapse, and then retaliate against marchers by pressing criminal charges against two women whom he knows to be innocent. Carpenter hates uppity women.

Carpenter told cops he was headed to the state Capitol around midnight on business before he encountered the Black Lives Matter protests.

Gov. Evers shoots down innocents

Gov. Evers joined Kaul in the delaying strategy with Brendan Dassey, convicted co-conspirator with Avery. Dassey petitioned for a commutation in 2019, after losing his Habeas petition 4-3 at the U.S. Court of Appeals for the Seventh Circuit in a lambasted 2017 decision.

Dassey claims in his 2019 executive clemency petition that Wisconsin's criminal justice system perpetuated an injustice in which the state can have no "confidence."

Reads the petition:

In 2006, Brendan Dassey was a sixteen-year-old Mishicot High School special education student with no criminal history, an IQ of 74, and speech-language functioning in the bottom percentile. After undergoing four police interrogations in 48 hours, he found himself charged with involvement in one of the highest-profile homicides in Wisconsin history – and, subsequently, sentenced to life in prison – based on a videotaped confession about which state and federal judges, national police authorities, prosecutorial groups, and psychological experts have since expressed the gravest doubts.

A member of Dassey's defense team, former U.S. Solicitor General, Seth Waxman, said in Oct 2019 in Madison, "I have never had a case that has troubled me more than this case, that has kept me awake at night, that makes me anxious and sad. And that's because I know that Brendan Dassey is innocent."

Gov. Evers sent Dassey a form letter denying his petition in Dec 2019, stating in part that since Dassey did not wait five years after serving his life sentence, Evers would not consider the plea.

While Oregon and Illinois passed bans this year on lying to juveniles during police interrogations, with some state legislators citing Wisconsin resident Brendan Dassey's ordeal, Evers refuses to consider a pardon for Dassey that looks at the merits of his case.

Tony Evers retains the power to pardon Dassey with the stroke of a pen.

Problem is a pardon or commutation would blow into a political scandal implicating Democratic sheriffs, Kaul's mother, former Attorney General Peg Lautenschlager (2003-07) among other Democratic Party cops.

Dems and win-at-any costs cops

Democrat Kaul's DOJ team includes a who's who of dubious state DOJ attorneys — Mark Williams, Thomas J. Fallon, and Special Prosecutor Norman Gahn — all of whom have demonstrated misconduct in their work, either destroying evidence or lying about destroying evidence.

After years of Republican Party rule in Wisconsin, people around the world who believe it's immoral to imprison innocents had waited for how the new Democratic attorney general and governor would handle Dassey and Avery's battle for exoneration in 2019.

Next steps

Today, Avery is awaiting the appellate court decision whether to send his case to County Circuit court to hear the Thomas Sowinski statement and other evidence, and the resolution of pending motions.

At a time when our country is questioning law enforcement, Wisconsin Democratic leadership is working against the people . . . for the police.

"We are all implicated when we allow other people to be mistreated. An absence of compassion can corrupt the decency of a community, a state, a nation," writes Bryan Stevenson in Just Mercy: A Story of Justice and Redemption.

The quality of mercy towards the innocent appears to be exhausted under the warrant of Wisconsin Democrats.

[Michael Leon has written for The Progressive, In These Times, CounterPunch and others. Leon is covering the Making a Murderer cases, and has advocated for the release of Avery and his nephew, Brendan Dassey.]