Showing posts with label innocence. Show all posts
Showing posts with label innocence. Show all posts

Apr 12, 2021

Making a Murderer — Avery Attorney Names Apparent Murder Suspect; New Eyewitness Comes Forward, Ids Planting of Victim's RAV-4


Avery Motion Directly Implicates Manitowoc County Sheriff’s Office, Bobby Dassey and an Older Unidentified Man in Spectacular Development

Updated - The exonerated Steven Avery was made internationally famous in the Emmy-winning documentary, Making a Murderer, for his exoneration, and subsequent apparent frame-up by crooked Wisconsin law enforcement, resulting in his 2007 conviction for the murder of Teresa Halbach in Manitowoc, Wisconsin.

Today, Steven Avery's attorney, Kathleen Zellner, named Bobby Dassey and "an unidentified older male" as the individuals who planted Ms. Halbach's dark-blue RAV-4 auto in the Avery auto salvage yard, citing a witness who came forward April 11, 2021.

Writes Ms Zellner on Twitter:

Post-conviction litigation is being pursued by Avery's attorneys, Kathleen T. Zellner and Steven G. Richards, in the Wisconsin court system (State of Wisconsin v. Steven A. Avery, Appeal Number 2017AP002288). The case was awaiting decision in state appellate court (Work with KZ).

This morning on April 12, preceding the announcement, Zellner filed a motion in state appellate court asking for a remand [to County Circuit Court] and a stay of the appeal.

The motion to remand the case is a spectacular development that chronicles two people moving a murder victim's car onto the Steven Avery property after an eye witness, Thomas Sowinski, a motor-route driver for Gannett Newspapers, Inc. came forward on April 11, 2021 (pp 1.2).

After Sowinski witnessed the planting of Ms Halbach's RAV-4, he called the Manitowoc County Sheriff’s Office and was told by a female employee that the Office "already knew who did it," the motion's affidavit reads.

Sowinski said in his affidavit, that not only did he witness Bobby Dassey "suspiciously pushing" the victim's vehicle down Avery Road, but that Bobby attempted to block Sowinski from leaving the property. The second older man ducked down below an open passenger door upon encountering Sowinski.

Sowinski said, "I know that Bobby Dassey and the older individual were doing something creepy." (Affidavit).

As Mr Sowinski's call was not communicated to the Avery defense, the omission by disgraced ex-District Attorney Ken Kratz is a glaring Brady violation.

Zellner told Patch. com (Ferek): "This is an evidence bombshell in the Avery case. We consider it the most significant witness evidence ever in the case, and it's an objective, non-biased witness who notified police in 2005 and he was ignored."

I think Steven Avery never would have been convicted had this evidence been known during his trial, and it destroys Bobby Dassey's credibility and links him to the crime."

The community behind Steven Avery and Brendan Dassey expects a complete exoneration and a criminal probe of Calumet County and Manitowoc County law enforcement, and top officials in the Wisconsin Dept of Justice.

Tips are now coming in to attorney Zellner on the identity of the second person.

The Wisconsin Dept of Justice, let by Attorney General Joshua Kaul, appears to be shielding the rampant corruption and criminality of law enforcement in east-central Wisconsin.

Kaul, who assumed office in 2019, has conspicuously failed to launch any DoJ investigations into law enforcement, including his own department, despite the widespread criticism of police, Ken Kratz, Tom Fassbender (Wisconsin Division of Criminal Investigation investigator (Ret)) and Mark Wiegert, (current Sheriff of the Calumet County Sheriff's Office).

Kratz prosecuted both the Avery and Dassey cases before resigning in disgrace in 2010 after sexual assault and harassment allegations against him came to light and Gov Jim Doyle began removal proceedings.

Gov Doyle (2003-11) and Kaul's mother, former Wisconsin Attorney General Peg Lautenschlager (2003-2007) were bitter political enemies.

The Wisconsin Dept of Justice for now is keeping with its strategy on post-conviction litigation by pleading procedural arguments as evidence of law enforcement misconduct mounts.






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Dec 2, 2018

Making a Murderer — "We all live on Avery Road" Holiday Gifts on Sale

Support the Dassey and Avery families against criminal
and venal Wisconsin 'law enforcement.'
Update:  Truth can win over corruption and indecency. Making a Murderer chronicles hope.
 ---
Madison, Wisconsin — Here's one way to offer support for the Dassey and Avery families as they endure the malice and lies of Wisconsin police and prosecutors.

The two families are featured in the documentary series sensation, Making a Murderer and Making a Murderer, Part Two, (NetFlix).

It is better that the innocent suffer, than corrupt cops be exposed and convicted of criminal misconduct, cops and prosecutors believe.

To this day, no sworn Wisconsin prosecutor or cop has spoken publicly and declared, "this injustice is not done in my name."

This silence tells us much about the way cops and prosecutors view the public who they claim to serve.

To support the Dassey and Avery families:

May 15, 2018

Wrongful Conviction—Missourian David Robinson Walks Free

From left, Jennett McCaster, David Robinson and Pat Jackson
embrace after Robinson's release from the Jefferson City
Correctional facility May 14 in Jefferson City, Missouri.
Photo: Kassi Jackson, Southeast Missourian
"David Robinson walked away a free man Monday night, after nearly 18 years of being incarcerated for a murder he did not commit," writes Bob Miller in the Southeast Missourian.

David Robinson is another victim of police-prosecutor-prison state America. Innocence doesn't matter in a system that is simultaneously mindless and malicious.

Without the work of the Southeast Missourian newspaper bringing this injustice to the attention of the state, Robinson likely would remain in prison for life for a crime he did not commit.

From the AP:

Missouri Attorney General Josh Hawley reviewed a judge’s ruling in February that found a police detective was 'lacking in candor or competence, or both.' That detective’s investigation helped send Robinson to prison for life in the fatal shooting of Sheila Box in Sikeston in 2001. The detective has resigned.

Hawley also evaluated the evidence available for a retrial. Since Robinson’s sentencing, another man has confessed to killing Box and two witnesses have recanted.

So, we have a system of dishonest cops, dishonest prosecutors, indecent Dept of Corrections bureaucrats in a country of by-standers. The deliverables are obscene.

The local Missouri paper freed this man against every crooked cop, prosecutor and prison bureaucrat for whom taking a human life is a game.

Would you help imprison a man you knew to be innocent? Most people would not, but the fact is we say nothing about those who perpetrate such crimes on routine basis in Missouri, Wisconsin, every state where cruel injustice and lies are objectives.

On May 5, 2018, the Southeast Missourian writes in its lead editorial after the Missouri Supreme Court "ruled that Robinson's constitutional rights had been violated when police and the state prosecution, led at the time by the Missouri Attorney General's Office, unfairly procured and presented testimony they knew to be false.":
Scott County Prosecutor Paul Boyd on Thursday said effectively that Robinson was not exonerated, because the state could continue to hold him and try him again without violating double jeopardy. While technically correct, the Supreme Court has in effect declared Robinson innocent and will now require the state to prove his guilt. With the court's approval of his habeas claim, Robinson no longer has to prove his innocence. Meanwhile, the evidence of the stunningly unjust way the Sikeston Department of Public Safety and the prosecution treated Robinson is there for everyone to see in court documents and this newspaper's extensive reporting on the case. Perhaps some introspection of how the county dispenses justice is in order, or even some contrition toward Robinson and his family are more prudent now than the parsing of the definition of the word exoneration. Maybe it's time for leadership in the county or the city of Sikeston to acknowledge the injustice that has been done. For now, the city of Sikeston has asked for a federal investigation into its past police practices regarding this case, only stating that it respects the Supreme Court's decision. As if it could do anything but.

Robinson's case is a reminder the role our police and prosecutors play in upholding our constitutional principles, and the importance of an impartial appeals system.

It also highlights the importance of attorneys who care about truth and justice. The Bryan Cave Law firm took on Robinson's case pro bono. Congratulations to them for carrying Robinson's torch.

Meanwhile, the Missouri Attorney General's Office has defended the jury's conviction at every turn, perhaps as expected. An exoneration shouldn't come easily, because a jury's decision is essential to our justice system. But it seems like a system that uses our tax dollars to defend a bad conviction for the sake of doing so is not a healthy system.

Judge Darrell Missey, in his scathing review of the handling of this case, quoted a previous ruling, Strickler v Greene, in his report to the Missouri Supreme Court:

"A prosecutor must seek truth rather than victory, 'because the prosecutor is considered the representative of not an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.'"

We couldn't agree more. It's time for the State of Missouri to let Robinson go.
Will anything change in Missouri's 'justice' system? No.

How about around the country where wrongful convictions abound from the same brand of sub-human cops, prosecutors and bureaucrats? No.

We live in a country where state-committed injustice is every bit as unchallenged as in Saudi Arabia, Israel, Iran, pick a monarchy or theocracy.

In Wisconsin, we have innocents Penny Brummer, Branden Dassey, Steven Avery for starters who remain in prison.

You can be sure there are many more. Every jurisdiction needs a Conviction Integrity Unit or a human governor to commute and pardon as in the Penny Brummer, Branden Dassey, and Steven Avery cases.

Jul 6, 2017

Judge Alex Kozinski on Prosecutorial Misconduct

Judge Alex Kozinski of the U.S. Court of
Appeals for the 9th Circuit, (official photo).
Did the government react in horror at having been caught with its hands in the cookie jar? Did Justice Department lawyers rend their garments and place ashes on their head to mourn this violation of their most fundamental duty of candor and fairness? No way, no how. Instead, the government argued strenuously that its ill-gotten conviction should stand because boys will be boys and the evidence wasn’t material to the case anyway.
 ---
Eugene Volokh in the Washington Post offers remarks on the most American of derangement and inhumanity: the Police-prosecutor state.

Prosecutors from the United States Attorneys' offices to county district attorneys to municipal attorneys' offices are left unchecked with near-absolute power to cite with civil citations, prosecute, financially ruin and destroy lives under the color of law.

This near-absolute power does tend to corrupt nearly always.

Critical reading; notes Volokh:

... I began serializing “Criminal Law 2.0,” a new article by Judge Alex Kozinski — for whom I clerked 20 years ago, who is one of our nation’s most prominent appellate judges and has long been seen as on balance a libertarianish conservative (appointed by President Ronald Reagan). The introduction gave 12 reasons to worry about our criminal justice system; Wednesday’s post discussed wrongful convictions; yesterday’s post discusses the jury system, and ways to improve it; today’s post discusses prosecutorial misconduct; and I’ll post other parts of the article in the days to come. I’ve added some paragraph breaks and removed the footnotes (which are available in the PDF version), but otherwise this is as Judge Kozinski wrote it. [Writes Kozinski]:

Prosecutors hold tremendous power, more than anyone other than jurors, and often much more than jurors because most cases don’t go to trial. Prosecutors and their investigators have unparalleled access to the evidence, both inculpatory and exculpatory, and while they are required to provide exculpatory evidence to the defense under Brady, Giglio, and Kyles v. Whitley, it is very difficult for the defense to find out whether the prosecution is complying with this obligation.

Prosecutors also have tremendous control over witnesses: They can offer incentives — often highly compelling incentives — for suspects to testify. This includes providing sweetheart plea deals to alleged co-conspirators and engineering jail-house encounters between the defendant and known informants.

Sometimes they feed snitches non-public information about the crime so that the statements they attribute to the defendant will sound authentic. And, of course, prosecutors can pile on charges so as to make it exceedingly risky for a defendant to go to trial. There are countless ways in which prosecutors can prejudice the fact-finding process and undermine a defendant’s right to a fair trial.

This, of course, is not their job. Rather, as the Supreme Court has held, '[A prosecutor] is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones.'

All prosecutors purport to operate just this way and I believe that most do. My direct experience is largely with federal prosecutors and, with a few exceptions, I have found them to be fair-minded, forthright and highly conscientious.

But there are disturbing indications that a non-trivial number of prosecutors — and sometimes entire prosecutorial offices — engage in misconduct that seriously undermines the fairness of criminal trials. The misconduct ranges from misleading the jury, to outright lying in court and tacitly acquiescing or actively participating in the presentation of false evidence by police.

Prosecutorial misconduct is a particularly difficult problem to deal with because so much of what prosecutors do is secret. If a prosecutor fails to disclose exculpatory evidence to the defense, who is to know? Or if a prosecutor delays disclosure of evidence helpful to the defense until the defendant has accepted an unfavorable plea bargain, no one will be the wiser. Or if prosecutors rely on the testimony of cops they know to be liars, or if they acquiesce in a police scheme to create inculpatory evidence, it will take an extraordinary degree of luck and persistence to discover it — and in most cases it will never be discovered.

There are distressingly many cases where such misconduct has been documented, but I will mention just three to illustrate the point. The first is United States v. Stevens, the prosecution of Ted Stevens, the longest serving Republican Senator in history.

Senator Stevens was charged with corruption for accepting the services of a building contractor and paying him far below market price — essentially a bribe. The government’s case hinged on the testimony of the contractor, but the government failed to disclose the initial statement the contractor made to the FBI that he was probably overpaid for the services. The government also failed to disclose that the contractor was under investigation for unrelated crimes and thus had good reason to curry favor with the authorities.

Stevens was convicted just a week before he stood for re-election and in the wake of the conviction, he was narrowly defeated, changing the balance of power in the Senate. The government’s perfidy came to light when a brave FBI agent by the name of Chad Joy blew the whistle on the government’s knowing concealment of exculpatory evidence.

Did the government react in horror at having been caught with its hands in the cookie jar? Did Justice Department lawyers rend their garments and place ashes on their head to mourn this violation of their most fundamental duty of candor and fairness? No way, no how. Instead, the government argued strenuously that its ill-gotten conviction should stand because boys will be boys and the evidence wasn’t material to the case anyway.

It was only the extraordinary persistence and the courageous intervention of District Judge Emmet Sullivan, who made it clear that he was going to dismiss the Stevens case and then ordered an investigation of the government’s misconduct that forced the Justice Department to admit its malfeasance — what else could it do? — and move to vacate the former senator’s conviction. Instead of contrition, what we have seen is Justice Department officials of the highest rank suffering torn glenoid labrums from furiously patting themselves on the back for having 'done the right thing.' ...
I have never heard a prosecutor of any variety say of the wrongfully convicted, the wrongfully fined: Something must be done, an innocent has suffered.

Feb 23, 2016

Brooklyn, NY Woman’s Conviction Overturned after DA Revisits Old Homicide Cases

Penny Brummer - Wrongfully convicted in 1994
because she is a lesbian
New York — Brooklyn District Attorney Ken Thompson announced that he will move to vacate a second-degree manslaughter conviction from a 1998 jury trial, PIX11 has exclusively learned.

District Attorney Thompson said, "In the interest of justice, I will ask the Court today to vacate the manslaughter conviction of Vanessa Gathers. After a thorough and fair review of the case by my Conviction Review Unit and the Independent Review Panel, I have concluded that this conviction should not stand," Nicole Johnson of PIX-11 reports.

In the interest of justice.

This is a compelling reason to impose truth upon a miscarriage of justice.

Penny Brummer in Madison, Wisconsin

Locally, in Madison, Wisconsin if you have not signed the petition begun in January calling for a new trial for Penny Brummer, wrongfully convicted in 1994, please consider doing so now.

Ms. Brummer is an innocent woman railroaded by police tunnel vision, bigotry and a retrograde conception of lesbianism.

No evidence, no criminal record of Ms. Brummer who joined the U.S. Air Force straight out of high school, no motive, no connection to an unknown crime scene and an unknown murder weapon,  Brummer was nevertheless arrested, prosecuted and convicted of first degree intentional homicide of Sarah Gonstead.

Brummer reportedly wrote a letter earlier this month to Dane County (Wisconsin) District Attorney Ismael Ozanne asking for a new trial.

"Unless something does happen, Penny will die in a Wisconsin prison, damned for a relationship once forbidden in an era of intolerance," noted David Protess, President, Chicago Innocence Project, (Huffington Post).

DA Ozanne could call for a new trial today ... in the interest of justice.

To borrow from Robert H. Jackson's address 75 years ago, "While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst," (U.S. DoJ).

Feb 19, 2016

Alabama Lawmakers Propose Conviction Integrity Unit

Alabama, that's Al . a . bama has introduced legislation to review the integrity of felony convictions.

Reports Tim Lockette of the Anniston Star from Montgomery: A Republican member of the Alabama State Senate, (Sen. Dick Brewbaker, R-Montgomery), wants to create an Innocence Inquiry Commission to review felony convictions.

Time for my county, Dane County, to catch up to reformist Republican lawmakers in Alabama. Indeed, statewide, especially Milwaukee and Dane County, the need for conviction integrity units is clear, (Mal Contends).

Lots of talk behind the scenes among jurists of the necessity of an independent Conviction Integrity Unit (CIU) in Dane County enacted by the Dane County Board of Supervisors.

See Conviction Integrity Units: Vanguard of Criminal Justice Reform and An Epidemic of Prosecutor Misconduct, and the Innocence Project's Conviction Integrity Unit Best Practices for white papers.

Consider the cases from Dane County and the wrongful convictions such as Penny Brummer, and Forest Shomberg, and Ralph Armstrong, and Anthony Hicks, and Audrey Edmunds. These people had decades taken from the lives, and the toll on their families is incalculable.

An independent Conviction Integrity Unit (CIU) analyzing and providing recommendations to the District Attorney's office could have taken years off their wrongful sentences and returned these innocents to their families. CIU recommends X because of Y, Z. Easy to contemplate how facts and science would reveal the rush to judgement and tunnel vision all too common in law enforcement.

Consider Penny Brummer.

Any examination of the integrity of the 1994 conviction of Penny Brummer would lead to the exoneration of Ms. Brummer as there is literally no case against Brummer who was convicted anyway by a jury, most of whom were admitted homophobes.

If you have not signed the petition calling for a new trial, please do.

An observer of Ms. Brummer's case remarked if Wisconsin had a death penalty, the resulting necessary scrutiny of Brummer's case would have already led to her exoneration. Instead Brummer has fallen through the cracks of the criminal justice system, like an untold number of others.

Consider Dane County.

With the analytical resources available in the Dane County citizenry, staffing a Conviction Integrity Unit with retired jurists, scholars, students, journalists, intellectuals from labor, business and myriad other segments of the community, a low-cost check on the criminal justice system could result in avoiding tragedy. Finding CIU staff who would happily work for a stipend would be easy.

We must ask ourselves the question: How cheap are lives in Dane County?

"There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice ... ."
 - U.S. v. Jannotti, 673 F.2d 578, 614 (3d Cir. 1982)

Nov 9, 2015

Wrongful Conviction—$10,000 Reward Offered in Sarah Gonstead Killing; Innocent Penny Brummer Still in Prison

Wrongful Conviction for Reasons of Careerism and Bigotry Against Lesbians 
"They didn't look at (Penny), they just looked at it as let's get another gay person off the street," said Nancy Brummer, Penny's mother (Pabich, WMTV-TV) -

Updated - As Penny Brummer remains in prison, convicted for the 1994 killing of Sarah Gonstead, a $10,000 reward is now being offered for information leading to the arrest and conviction of the person(s) responsible for 1994 death of Gonstead and Kelly Nolan.

Tipsters may remain anonymous. Email sheila0326@gmail.com, or call toll-free at 800 407-1178.

Penny Brummer's 1994 conviction remains an outrage perpetrated by the Madison Police Dept, the Dane County Sheriff's Dept., and the Dane County District Attorney's office still protecting the wrongful conviction to this day.

Penny Brummer

Here in Dane County, an innocent woman, Penny Brummer, remains behind bars (in Fond du Lac county), a 1994 prosecution presided over by District Attorney Brian Blanchard's office (2001-2010), and an injustice District Attorney Ismael Ozanne (2010-present) has refused to revisit, though the case lacks evidence of any kind—forensic evidence, crime scene eyewitness accounts, murder weapons, nothing but bigotry and what attorneys call "confirmation bias."

So what happened in 1994? The D.A.'s office says: There's no case?

Brummer was a lesbian and veteran so she likely murdered someone, and police had a theory, who needs evidence?

The judge was former Dane County (Wisconsin) Judge Patrick Fiedler, now a partner with Hurley, Burish & Stanton, S.C., after several decades of prosecutorial work in service to the Republican Party and his career. Fiedler, a rightwinger and typical bigot, agreed with the D.A's office.

A decent judge would have dismissed the case.

It is incomprehensible to me why current DA Ismael Ozanne lets this injustice stand.

"Police clearly had 'tunnel vision' in building a case against Penny, another common feature in wrongful convictions. Witness David Zoromski, who reported seeing a suspicious man standing by the open passenger door of a parked pickup truck exactly where Sarah's body was later found, was told by a Dane County Sheriff's Deputy, 'What you saw is all very interesting, but we have a suspect and it doesn't fit.' The man seen by Mr. Zoromski matched the description of the person Penny said she saw Sarah talking to near the Taco Bell at East Washington Avenue and North Oak Street in Madison, after she dropped her off that night. Police identified him and knew he was a convicted felon with a long history of violence toward women -- but they never followed up on this lead."
- From Who Killed Sarah

To support this innocent woman, see Penny Brummer.

Mar 17, 2015

GOP Refusal to Hold Vote on Attorney General Is Unconscionable

It's been almost four months since President Obama nominated Loretta Lynch as nominee for the U.S. Attorney General and Senate Republicans still refuse to hold a vote.

Lynch was approved on a 12-8 vote on February 26 by the United States Senate Committee on the Judiciary. (McClatchy News)

Her qualifications are stellar, having overcome racism and segregation in North Carolina to work her way through Harvard University, and then graduate from Harvard Law School.

From The Rachel Maddow Show:
But Lynch is black, and Senate Republicans are the same obstructive, can't-shoot-straight gang they've been for the last 30 years, and refuse to hold a simple up-or-down vote.

I have heard one knock against Lynch. She is the U.S. Attorney for the Eastern District of New York (1999-2001 and 2010-present) and Lynch has refused to correct an injustice in the matter of the wrongful prosecution and conviction in 2009 against Bradley Stinn, an innocent man targeted by overzealous prosecutors for whom convictions matter period. (Powell, New York Observer)

Ms. Lynch has the power to impose integrity onto her office, and correct an injustice made before she assumed her office. She has refused. Lynch is protecting an old conviction and is unmindful of justice, contradicting her testimony before the Senate Committee on the Judiciary that she would do no such thing as attorney general.

This issue is fair game, and Lynch should be made to account for her lack of public integrity and simple decency in keeping an innocent man from his family.

But Senate Republicans don't care about Bradley Stinn (U.S. DoJ). Mr. Stinn has never been mentioned by one U.S. senator to their shame in the get-a-conviction-any-conviction American prosecutors' state.

Police have a license to kill, and prosecutors have a license to lie. A nominee to the office of Attorney General should answer to this reality.

Republicans should hold an up-or-down vote, and if they want to vote against Loretta Lynch, that is their job, not obstruction of a vote.

Republicans being Republicans can't shoot straight. And Americans tune out of the grand experiment known as American democracy as the Koch brothers and billionaires look to take over. Of course this is the GOP objective all along.

From the Lawrence O'Donnell Show:

Feb 3, 2014

U.S. Steps up Pardons, Commutations; Scott Walker Refuses

"President Obama finally used his power to pardon and commute sentences to order the release of 8 low-level drug offenders serving outrageously long sentences, but there are tens of thousands more in the same situation. The DOJ says it’s looking for others with similar sentences to commute," reads an item in FreeThought.

Meanwhile, Scott Walker maintains his refusal to consider pardoning the wrongfully convicted, including Marine combat veteran, Eric Pizer, innocent but convicted Green Bay ex-cop, John Maloney and Penny Brummer of Madison.

So why would a governor refuse to pardon the wrongfully convicted?

Walker says it's because there are probably 1,000s of wrongfully convicted in Wisconsin, hence Walker cannot use his pardon power.

"If you pick one there's thousands of other examples out there of people who may not have the media or other outlets behind them, who would be in an equal position who probably have a compelling case to be made that we don't yet know about," said Walker in an interview with WKOW TV(Madison, Wisconsin), specifically referring to his refusal to consider pardoning or commuting the Pizer case.  

Moronic human garbage.

If Mary Burke had any decency she would issue a press release indicating her intention to pardon Pizer and so many others on Day One of assuming office. 

Running for political office seeking a mandate to correct injustice, now there's a thought.

Dec 20, 2013

Wrongfully Convicted: Scott Walker: No Pardons for 1,000s with "Compelling Case" of Innocence

Wisconsin Governor Scott Walker explains why he has granted no
pardons to incarcerated citizens with compelling cases.
"If you pick one there's thousands of other examples out there of
people who may not have the media or other
outlets behind them, who would be in an equal position who
probably have a compelling case to be made that we don't
know about," said Walker in an interview with WKOW TV (Madison).
Update II: Eric Pizer—the Wisconsin man trying to become a cop and blocked by Scott Walker—is Marine Corps Iraq combat veteran.

Update: From WKOW TV (Madison) and Democurmudgeon: Scott Walker's offers an incoherent and truly sociopathic justification behind his policy of not granting pardons:

"If you pick one there's thousands of other examples out there of people who may not have the media or other outlets behind them, who would be in an equal position who probably have a compelling case to be made that we don't yet know about," said Walker in an interview with WKOW.

Walker states there are a lot of people with compelling cases for pardons, so we should pardon none of them. This is a not a logically compelling argument.

Wrongfully convicted? What matters is whether the media or other outlets are behind them, suggests Walker, a bizarre position.

What about innocent Green Bay ex-cop, John Maloney; the innocent Penny Brummer of Madison who police went after because she was an out lesbian, and the innocent Don Miller of Hurley just released on parole? 

And there are surely many more innocents incarcerated.

The great English jurist, William Blackstone, wrote that "the law holds that it is better that ten guilty persons escape, than that one innocent suffer" in his Commentaries on the Laws of England (1769), the source of Common Law in the United States courts, and often cited in opinions in the U.S. Supreme Court of the United States.

Walker went public with his disinclination to pardon in the Spring 2012, although he has broad power vested in Article V, section 6 of the Wisconsin Constitution, after being challenged not to pardon his aides and appointees convicted in WalkerGate. 

In Feb, 12, 2012, this mal contends site challenged Walker not to pardon his personally appointed, long time aide, Tim Russell.

"Gov. Scott Walker says he won't pardon anyone charged in the ongoing John Doe investigation of former aides who worked for him as Milwaukee County executive," Walker later said in a Wisconsin Public Radio report in May 30, 2012.

Jason Stein of the Journal Sentinel reported Barrett's call a week before the Recall Election in June 2012:

Milwaukee Mayor Tom Barrett stepped up his criticism of Gov. Scott Walker on Tuesday by questioning whether [Walker] would pardon any of his aides charged in a John Doe investigation.

“I want to be certain that we’re not going to have this election and he’s going to turn around and pardon all these aides of his who have been charged,” he said after a campaign stop at a Baraboo coffee shop. “I just want him to say that he’s never going to pardon any of these people. These are close associates of his.” (MJS. May 29, 2012)
Walker spokesman Cullen Werwie actually thinks the power of clemency and commutation belongs to the Judiciary branch. Gov. Walker "believes these decisions are best left up to the courts," Blogging Blue writes, notwithstanding Article V, section 6 of the Wisconsin Constitution which reads:
SECTION 6. [Pardoning power.] The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be reported to the legislalure at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, with his reasons for granting the same.
When Walker implies 1,000s of people do not rightfully belong in prison, and Walker justifies this state of affairs by saying not all advocacy groups and media support are, equal this seems capricious and bloodless.

And Walker's chief spokesperson doesn't even know to what branch of government the power of commutations and pardons belongs.

Does Scott Walker hear himself when he suggests there are 1,000s of innocents in Wisconsin prisons and jails, but as they all do not have the same advocates and media attention so they should all stay in prison?

From Tony Galli at WKOW:

Wrongfully Convicted: Innocent Green Bay Cop Was Prosecuted by Felon, Joe Paulus

Green Bay ex-cop, John Maloney was
wrongfully prosecuted by a Wisconsin DA
who later was convicted on federal corruption
and bribery charges. Maloney still is incarcerated
after 12 outside experts unequivocally said
there was no crime, and after former DA
Paulus admitted Paulus fixed 22 crimes and civil
violations for money in a blatant corruption of office.

John Maloney - Deplorable Lack of Evidence That Convicted and Imprisoned an Innocent Man for Life

Updated - Here's a quick overview taken from John Maloney's site.

Corrupt prosecutors and Wisconsin DoJ investigators tried to claim that a respected Green Bay police officer killed his wife by pouring a bottle of vodka in front of where his alcoholic wife (diagnosed at the Mayo Clinic with Arnold-Chiari Malformation (ACM)) who had a bad drug problem was found dead in 1998.

No evidence, no problem.

Not when the prosecution is corrupt and criminal—DoJ investigators Kim Skorlinski, Greg Eggum; and former Winnebago District Attorney and convicted felon, Joe Paulus (whereabouts unknown), and his former second chair, Vince Biskupic (resigned after misconduct), twisted facts through the trial alleging there was something evil at every turn in this rightwing community.

There was, in fact, no murder and no arson. There are plenty of prosecutors and DOJ investigators who acting with impunity to find crimes and persecute innocents.

Mrs. Maloney died of an overdose of alcohol (and likely many of he drugs she favored) and the fire started when she dropped her lit cigarette (as she often did) into the sofa cushion as she lost consciousness.

John Zakowski was Brown County DA at the time Sandy Maloney died, and he appointed his good buddy and future felon, Joe Paulus, as special prosecutor.

Yeah, Joe Paulus, with his zealous commitment to truth, is unshakable.

Zaworski is now a Brown County judge who worked with Attorney General Van Hollen in 2011 on the expansion of the state's election fraud task force, a GOP obsession that claims massive felony crimes though not one case of in-person voter fraud has been prosecuted out of tens of millions of votes casts in Wisconsin.

It never occurred to these people — Paulus, Van Hollen, Biskupic, Zaworski, and DoJ former investigators, Skorlinski and Eggum — that convicting and incarcerating an innocent man is a crime, an imprecation against humanity.
Mayo Clinic diagnosed Arnold-Chiari Malformation (ACM) - See more at: http://john-maloney.org/background.htm#sthash.HdVclUl3.dpand wife was found dead.

Over a dozen outside experts unequivocally say no
Over a dozen outside experts unequivocally said there was no crime in the John Maloney case, but the trial and appellate attorney did not mention these facts.

"Flawed forensics may have played a part in the conviction of former Green Bay police officer John Maloney, who is serving a life sentence for the fatal 1998 fire that killed his estranged wife, Sandra. The state alleged Maloney, a fire investigator for the Green Bay Police Department, set the blaze by pouring vodka on the floor in front of the couch where his wife was found," notes Dee Hall, (Wisconsin State Journal; May 18, 2011)

After Maloney's conviction, James Munger, a prominent fire investigator and former Alabama deputy state fire marshal, tried to re-create the scenario using the same type of carpeting. But it didn't work: Vodka is mostly water, and it failed to ignite for more than a few seconds.

A criminal defendant enjoys the presumption of innocence. The prosecution must prove its allegations at trial beyond a reasonable doubt.

Not in Winnebago County. Not in Brown County. Not in east-central Wisconsin.

John Maloney, a veteran cop in Green Bay never thought he could become the target of the justice system in which he placed so much faith. When his estranged, addicted wife, Sandy, was found dead in her fire-damaged home, John learned how swiftly he could be convicted and sentenced to life in prison.

Fire investigator Munger said the case against Officer Maloney is based on "junk science."

You want to know how junk science kills innocents when no rigor is used to convict an innocent man? Read David Grann's Trial by Fire. The state of Texas killed an innocent man, and bragged about it.

Junk science, that's the standard we use against police when corrupt prosecutors conspire, that would be Winnebago County DA Joe Paulus and his loyal deputy, Vince Biskupic.

District Attorney and his Deputy DA, Vince Biskupic are a piece of work—Winnebago County DA Joe Paulus (who served as DA from 1988 to 2002, until Paulus lost reelection and was convicted on federal charges of misconduct in public office and conspiracy to obstruct justice), and Deputy DA Vince Biskupic: "Winnebago County District Attorney Joe Paulus was convicted and served six years in federal prison after admitting to state and federal charges that he fixed 22 criminal and traffic cases in exchange for bribes," notes Jennifer K. Woldt in the Oshkosh Northwestern, July 13, 2013.

No one, and I mean no one in Oshkosh believes that number of malicious and corrupt prosecutions stops at 22.

But writer Woldt's piece cited above does not even focus on Paulus, its subject is Paulus' Deputy DA Vince Biskupic, and his cases are being overturned as innocent people are finally being ordered freed after the Paulus-Biskupic prosecutions are examined.

Biskupic came from the same pit of slime as Paulus, using jailhouse informers, incentivized testimony, withholding exculpatory evidence, and conspiring with Paulus to convict innocents in exchange for money.

Of course, in east-central Wisconsin, dirty cops and prosecutors can rise to the Wisconsin Judiciary where characters like Biskupic are free to destroy more lives.

Paulus, according to a October 2008 report: "With credit for good behavior, the former Winnebago County district attorney is expected to be released from a federal prison camp in Pensacola, Fla. on Nov. 15. He was sentenced to 58 months in his 2004 bribery case. Paulus was convicted of taking $48,000 in kickbacks from a defense attorney in exchange for reducing charges in 22 cases. ... Paulus still must serve a 2-year sentence on state charges of obstruction of justice and misconduct in office."

Paulus' lackey, Biskupic, today is a member of the Wisconsin Bar in good standing, working out of an office in Appleton.

Let's hope
John Maloney gets a new trial because that trial would be a slamdunk.

On April 22, 1999 John Maloney was sentenced to life in prison with no chance of parole for 25 years

Sandra Maloney died the night before the final hearing of the divorce petition her husband.
For some unknown reason -- a real suicide attempt, or a call for help --
Sandy strung up an electrical extension cord like a noose in her basement
From the Case Files:

Sandra Maloney died the night before the final hearing of the divorce petition her husband, John, had filed.  She had lost custody of her children and could only see them in a public place, under supervision of a third party.  Her boyfriend had broken up with her because of her drinking, and he wouldn't even take her calls.  Her days consisted of drinking, smoking cigarettes and, when she could get them, taking prescription medications like clonazepam.  Sandy wrote suicide notes and left them around the house.  She also left cigarettes to burn on furniture and counter tops, even when an ashtray was adjacent.  For some unknown reason -- a real suicide attempt, or a call for help -- Sandy strung up an electrical extension cord like a noose in her basement. 

Eager to turn Sandy's death into murder and the fire into arson -- and to convict a cop of both crimes -- the Wisconsin Dept. of Justice criminal investigators, Kim Skorlinski and Greg Eggum, and then prosecutor Joe Paulus and his second chair, Vince Biskupic, twisted facts and injected sex at every turn.

According to them, Tracy was about to leave John -- with whom she had just signed a one-year lease on a rental house -- because his divorce was taking too long.  So during the same 30-minute "window of opportunity" when John was building bunk beds, he drove to Sandy's house, forced his way in, argued with her about showing up for the divorce hearing, hit her, strangled her, then took off her shirt and placed it in the clothes hamper in the basement.  Then John lit and power smoked a pack of cigarettes, leaving them to burn down all over the house, poured 80-proof vodka on a towel, laid one end on the sofa where Sandy's body was located and set the other end on fire.  After all that, he locked the storm door from the outside with a key he disposed of somewhere along the line, and arrived home before anyone missed him.

Tracy became the prosecution's best helper, especially after Joe Paulus told her it was going to be John or her, and he didn't care which one he convicted.  She starred in hour after hour after hour of hidden videotaping, in Green Bay, Madison and, finally, Las Vegas. And once John was charged, it was confirmed that the secret tapes were studded with a flow of expletives and slightly off-camera sex acts between the two.

The public in general and the jury in particular ate up the scandal-sheet spin.  Jurors watched intently, trying to figure out when they were doing "it" and what exactly they were doing when they did "it."  Joe Paulus was so persuasive that he convinced jurors that they saw things that simply were not on the video.

And where was the great defense attorney, Gerald Boyle, during all this?  There was more than enough evidence that no crimes had occurred in the first place, but no one heard about that from him.  Forensic experts cost too much, and he was "desperate for money" back then, so he didn't hire any.  He prosecuted Tracy,  And tried to cut a movie deal, but that was actually for himself, for the money.  And when John was convicted, Gerald Boyle filed the appeal, thus framing the issues.

What Gerald Boyle didn't let slip by failing to preserve at trial, he waived in the appeal. 

Timeline and Attorney Gerald Boyle

It the same time Joe Paulus and the DCI investigators were building a timeline to support their theory that John had a window of opportunity in which he could have killed Sandy and set fire to her house, another timeline was building in the background.  It was a simple and deeply disturbing timeline that no judge or jury would review. It supports a reasonable and legitimate inference that the special prosecutor, Tracy’s attorney and John’s attorney conspired to frame John Maloney for Sandy’s death.


  •   May 2, 1998:  Tracy retains Steve Kohn to represent her regarding Sandy’s death.
  •  May 8, 1998:  At Tracy’s insistence and on her lawyer’s recommendation, John phones Gerald Boyle, Kohn's former boss, and retains Boyle to represent him regarding Sandy’s death.
  •  May 16, 1998:  John, along with Tracy, meets in person with his lawyer and pays a retainer. Tracy’s behavior is bizarre.  Boyle says Tracy is the one person John can trust.
  • June 2, 1998:  Paulus and Kohn have sketched out a “use immunity” agreement in exchange for Tracy’s “cooperation”; Paulus gives S/A Skorlinski a list of Tracy’s records to be turned over by the IRS.
  • June 8, 1998:  Tracy’s “use immunity” agreement is formalized, and she agrees to participate in one party “surveillance” taping to elicit a confession from John.
And why would John's own lawyer throw his client under a bus?  Money.

In 1997, Gerald Boyle borrowed $400,000 at high interest from a venture capitalist to finance a high profile case that he won at trial but lost on appeal.  By 1998, paying off the loan had become a huge problem.  Boyle later testified that, during this time, he was "desperate for money."

Joe Paulus, already a Republican golden boy for his extreme conservative views, believed that getting the state's first conviction of a police officer for first degree murder would enhance his chance for appointment as U.S. Attorney.

From 1998 through 2000--roughly the same time period that Gerald Boyle represented John--Joe Paulus took bribes to fix criminal cases prosecuted by his office.  The bribes totaled $50,000.

Paulus lost the Republican primary for re-election in 2002, after it was revealed that he participated in sexual hijinks in his office, during office hours.

When Paulus couldn't find another job, Gerald Boyle took him in as a partner, renaming the practice "Boyle, Boyle and Paulus," and specifically telling the Maloney family, at a press conference, "Go to hell."

In 2004, Joe Paulus was charged in federal court with taking bribes to fix cases and evading taxes.  He was sentenced to 5 1/2 years in prison.  The State of Wisconsin conducted its own investigation, gave Paulus immunity from prosecution in exchange for "honest answers" to its questions and limited his jail exposure to 18 months, which he served in the federal system.

The Maloney case is one of 22 cases identified by local prosecutors as potential wrongful convictions.  The record of the state's investigation is sealed, and no action has been taken in those 22 cases.  Paulus never publicly disclosed what he did with the money.

On Vodka


Independent experts have reviewed this case, pro bono, and agree that there was no murder, no arson.  But none of the real evidence has been heard by any court.

A 2006 series by reporter Dee Hall of the Wisconsin State Journal took a closer look at the scientific foundation for the state's claim that the Maloney fire was arson -- a claim the state has vigorously refused to re-examine.  - See more at: http://john-maloney.org/evidence.htm#sthash.2F6lQOau.dpuf
Independent experts have reviewed this case, pro bono, and agree that there was no murder, no arson.  But none of the real evidence has been heard by any court.

A 2006 series by reporter Dee Hall of the Wisconsin State Journal took a closer look at the scientific foundation for the state's claim that the Maloney fire was arson -- a claim the state [under a Wisconsin GOP attorney general) has vigorously refused to re-examine.
Independent experts have reviewed this case, pro bono, and agree that there was no murder, no arson.  But none of the real evidence has been heard by any court.

A 2006 series by reporter Dee Hall of the Wisconsin State Journal took a closer look at the scientific foundation for the state's claim that the Maloney fire was arson -- a claim the state has vigorously refused to re-examine.  - See more at: http://john-maloney.org/evidence.htm#sthash.2F6lQOau.dpuf

Dec 18, 2013

Wrongfully Convicted: Words from Don Miller, innocent freed after 16 years behind bars

Miller with son, Kirk; Kirk became
distraught later and took his life.
Love, forgiveness and peace from Don Miller of Iron County Wisconsin

"I have to be free of hate, no hate in my heart. The judge, Judge Madden [Patrick J. Madden] and DA [Iron County DA Martin Lipske], well, they're people too. I wish them well, may they go in peace. We have to forgive and move on with our lives. There is power in that."

Just off the phone with Don Miller of Hurley Wisconsin in Iron County.

Didn't know what to expect, I just phoned to say 'Hi, and wanted to say 'good luck, dude.'

I spoke with Don Miller from his Hurley kitchen early this afternoon from his parents' home where he'll be spending his first Christmas in 17 years—arrested with no investigation, a prosecutorial abuse of process and, what I believe to a judicial abuse of office handing down a 42-year sentence, after he asked his live-in girlfriend, Connie Vargovich, to move out out after she slept around town in the sexual playground known as Hurley, Wisconsin in 1990s.

Vargovich had a relationship with the presiding judge and the DA.

Miller has served some 5,913 days in prison and jail.

"I have to be free of hate, no hate in my heart. The judge, Judge Madden and DA [Iron County DA Martin Lipske], well they're people too. I wish them well, may they go in peace," said Miller. "I spoke at the hearing and wished Madden, 'good luck' and thanked him," said Miller. "I don't think they were expecting that."

I'm afraid to go to a grocery store, everything scares me, but I know I'm surrounded by love. A lot of people are feeling safe now, and I would like them come forward with what they know. I want to single out the Innocence Project for what they did."

Miller says, in the mean time, "Merry Christmas, I'm home at last."

[Note: This conversation took place by phone and I did not expect Miller to be so talkative. Wasn't even taking notes into a few minutes, so quotes may not be perfect.]

Two things I want to do.

One: Here a link to Chief Judge for the Court of Appeals or the Ninth Circuit Calling his jurisdiction an 'Epidemic' of Prosecutor Misconduct and,

Two: Play Don Miller some SRV. Out to you, man:


Life Without You-Stevie Ray Vaughan

... And the guy that's standing on the ground, that needs some help. You don't walk up and kick him, if you gonna do this, You better wear his shoes for awhile. Because you know what? Trade places with him and he'll pick you up. It's the truth. You better pass around as much love as you can in your lifetime. It's all we really have to give or accept. Are you with me?

Dec 16, 2013

Wrongfully Convicted: Don Miller of Iron County, Wisconsin Is Ordered Freed on Parole

Don Miller of Hurley, Wisconsin appears at hearing in Iron County Courthouse on
Monday. Seated with Miller is John Pray, director of University
of Wisconsin Law School Innocence Project.
Seated behind in the crowd are Innocence Project staff and supporters
of Don Miller. (Photo: Ralph Ansami/Daily Globe)
Update: Don Miller freed from prison after 16 years (Ralph Ansami. Ironwood Daily Globe).
 ---
This site has received word that Don Miller of Hurley, Wisconsin in Iron County has been ordered released on five-years parole today at a hearing this afternoon in the Iron County (Wisconsin) Courthouse.

Thank you Judge Patrick Madden is one meme floating around Iron County today, out of appreciation for his partially correcting an injustice, what this site and national network of advocates see as an abuse of prosecutorial power, and a malicious prosecution of an innocent man.

Wisconsin Court System - Circuit Court Access
Wisconsin Innocence Project attorneys are inaccessible for comment.

Family and supporters are nervous, afraid to talk, and won't be quoted. But Don Miller is going home to the Hurley, Wisconsin home of his parents to be home for Christmas for the first time in 17 years.

Miller has been in prison for some 16 years serving a 42-year sentence since 1997 that this innocent man's advocates have asserted credibly is a "miscarriage of justice," and "malicious prosecution," speaking on condition of background out of fear for retaliation by sitting Iron County District Attorney Martin Lipske.

This development came after Miller's live-in girlfriend was asked to move out of Miller's house after sleeping around the sexual playground known as Hurley, Wisconsin. She lied amid widespread beliefs in the county she and Judge Madden were having an affair before, during the trial and with alleged victim.

Today's hearing was attended by a reporter from the Ironwood Daily Globe newspaper.

Federal corruption statute - 18 USC § 201
Some 25 supporters and family members along with several members of the Wisconsin-Madison Law School's Innocence Project were in attendance.

This site will keep the reader advised, and act and report, as developments warrant.

I will go further, if I am advised of unethical and malicious action, I will dedicate this site to rigorously launch grievances against all parties acting corruptly against this innocent man.

Nov 24, 2013

An Innocent Man Jailed by Corrupt Iron County; We Are the Bystanders

Don Miller and son, Kirk, before he grew up;
tried to free his father, and facing life with
his father in prison committed suicide
Don Miller is serving a 42-year sentence for a crime his live-in girlfriend fabricated after Miller asked her to move out in 1997.

If I had never written a piece about the Wisconsin State Journal playing stenographer for Iron County DA Martin Lipske, presenting Lipske as a credible source for the proposed Gogebic Taconite mine, I never would have heard about Don Miller.

But the free Don Miller people have built up an impressive national group of advocates, and noticing Martin Lipske in my piece wrote a comment about Don Miller's case prosecuted by Lipske, with URLs to Free Don Miller sites.

The Miller case was preceded over by Iron County Judge Patrick J. Madden, about whom the advocates have evidence Madden had an affair with Miller's alleged "victim," while presiding over the trial.

The site, Anatomy of a Wrongful Conviction, is quite a read. If an innocent man sentenced to 42 years is wrong, check out the site because you will not believe what takes place in Iron County, and it's not just Don Miller.

The University of Wisconsin Innocence Project is working on the case, but won't talk with the Don Miller advocates while they are in contact with the Iron County DA's office.

Nov 5, 2013

Iron County Malicious Prosecution Case Profiled in 'Injustice Anywhere' Site

A national organization working to correct wrongful convictions and malicious prosecutions is featuring the case of Don Miller from Hurley, Wisconsin in Iron County.

Injustice Anywhere features a link to the Miller case, a man who was railroaded in 1997 by the imbecilic Iron County DA, Martin Lipske.

We will keep you posted on this case, the most famous case few have ever heard about.

Repulsive.

Sep 19, 2013

Help for Exonerated Individuals in Wisconsin Needed

A District Attorney destroys exculpatory evidence; a presiding judge
has an affair with the alleged victim, and an innocent Don Miller
draws a 42-sentence in a clear abuse of office. The Wisconsin
Innocence Project is on the case as the Miller family endures.
"There is no more cruel tyranny than that which is exercised under cover of the law, and with the colors of justice." [UNITED STATES v. JANNOTTI (No. 81-1020), UNITED STATES v. SCHWARTZ  (No. 81-1021)]

A long over-due discussion is needed on innocence and what we as a society can do about the criminal justice system herding innocent people into prisons in a manner right out of the dark ages.

This phenomenon is not caused solely by corrupt prosecutors, though they play a prominent role.

Very few institutions exist to address this atrocity of an innocent person, unjustly arrested, falsely accused and unjustly convicted.

Ask Penny Brummer; hey, she's a lesbian so in a more bigoted time she was an instant suspect, and ultimately convicted because of her sexuality in Madison, Wisconsin.

Sheila and Doug Berry document Ms. Brummer's case in their Who Killed Sarah?

In the book, readers are treated to "a twilight zone where evidence is ignored or manipulated, innocence is disbelieved and justice is denied to both Penny Brummer and Sarah Gonstead (who was murdered with a gun)."

Writes David Protess in The Huffington Post, "In light of the progress that's been made by the LGBT movement, it's hard to imagine that not too long ago an innocent woman could be convicted of murder because she was a lesbian. And, it's harder still to believe that it could happen in a progressive city like Madison, Wis."

This twilight zone is the reality when innocents are systemically fed into the Police-Prison meat grinder; liberty and dignity prevented, human spirit assaulted and any type of human kindness systemically prevented, and life destroyed.

There are journalists, Dee Hall of the Wisconsin State Journal and Bill Lueders of the Wisconsin Center for Investigative Journalism are examples; institutions such the Milwaukee-based Innocence Consultants and the University of Wisconsin Law School's Innocence Project, all of whom do tremendous work.

Facing the power of the prosecutor's office, the mindlessness of politicians, the unthinking actions of law enforcement and the apathy of the public, an innocent man or woman convicted of a crime is up against what author Glenn C. Loury terms an "American ... leviathan unmatched in human history."

A leviathan today is defined as a totalitarian state with a vast bureaucracy. 

And a leviathan is an uneven match in our nation of by-standers, as politicians posture as tough-on-crime, and the prison-for-profit industry soars and one company is actually publicly traded on the New York Stock Exchange, as it too lobbies for harsher sentencing laws.

Keith Findley, faculty director of the Wisconsin Innocence Project, discusses in this linked video an effort to help exonerated innocents in Wisconsin.

It would of course be better that innocents never be convicted. 

The putative nature of American culture and the careerism of American jurists and law enforcement in the system make the incarceration of innocents almost a fait accompli.

The English jurist William Blackstone in his 18th century Commentaries on the Laws of England famously declares, "It is better that ten guilty persons escape than that one innocent suffer."

One can only reference Blackstone today with dark irony

Too many American jurists delude themselves into thinking Blackstone's tenet guides the criminal justice system. 

Denying liberty is the go-to move today, it's convenient for police, prosecutors and judges.

Most of us—untouched by the cruel tyranny of the criminal justice system—view a common effort with the unjustly incarcerated (done in our names) as relevant to our lives as the passing appearance of the moon.

One person who can be helped now is Penny Brummer. She gets a DNA test, she'll get cleared.

Writes Protess:

Penny Brummer - Arrested and convicted of murder
because of absurd, atavistic bigotry towards
lesbians.
No evidence, no eyewitness, just ignorance and hate
The best hope at this point, Sheila (Berry) says, is DNA from the bullet that pierced Sarah's brain. Funds are needed to conduct Y-STR testing, which produced results in another infamous Wisconsin murder case involving Laurencia "Bambi" Bembenek. The testing costs $10-15,000, and the Berrys are offering copies of Who Killed Sarah? to anyone who makes a donation.

Will the justice system ever admit its mistake? Penny herself thinks so. "Something's got to happen," she told investigative reporter Bill Lueders, who first exposed the injustice. "God's not going to let me sit here for something I didn't do. I feel he's guiding somebody out there to help me."

But without the DNA testing or other new evidence, Penny's chances are slim. Now 43, she will not be eligible for parole until she turns 70. Unless something does happen, Penny will die in a Wisconsin prison, damned for a relationship once forbidden in an era of intolerance.

An online contribution, or a check can be sent to:

Penny Brummer Defense Fund
The People's Community Bank
P. O. Box 369
Spring Green, WI  53588