Dec 20, 2013

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

33 comments:

  1. What is left to be done to secure freedom for innocent John Maloney?

    ReplyDelete
  2. Replies
    1. He is guilty get it on your head look at the video in las Vegas he told police he wasn't there put he told his gf he was right before he started abusing his gf on that video. Trust forensic files he did it

      Delete
    2. Trust Forensic Files? Are you kidding me? I know the Wisconsin Criminal Court System through experience and I know the corruption first hand and this has the smell of corruption all over it. The Las Vegas Video does not show any incriminating act or even a criminal act, it shows bits they wanted you to see. If the girlfriend of Maloney was in danger on the Vegas video they would have busted in the room to make an arrest. The law wouldn't allow their "star" witness to be killed nor would they allow a murder suspect the chance to kill her. If they truly thought he was a killer they'd have used an undercover agent and not his girlfriend "a star witness"

      Delete
  3. Maloney needs a lawyer who does not rely on a practice anywhere in the state to survive, and access to the Paulus John Doe that Judge Scott Woldt sealed to protect Paulus' pals. Biskupic is a judge with one hand in the governor's back. Too many others who had their fingers in the pie are still in positions of authority. The AG's office was responsible for the investigation itself, so there's furious pushback there regardless of which party is in power.

    ReplyDelete
    Replies
    1. Y'all are just approving comments that are positive to your cause. If anyone says he's guilty you don't approve it. And the courts know that to

      Delete
  4. Our tainted, broken and unjust legal system did it again!!!

    ReplyDelete
  5. So much injustice. Do not worry true justice will come for those who railroad John Maloney into prison and who is keeping him there. God gets the last word! But, John Maloney must get a new trail! Set John free!!!!

    ReplyDelete
  6. I´m a Brit living in germany.In the UK we have a dedicated team of investigators for injustice cases.I believe there are quite a few in the USA.
    How about The Innocence Project for example,maybe worth a try.

    ReplyDelete
  7. The Innocence Project could possibly help.

    ReplyDelete
  8. This is just another example of Unethical incompetent Prosectors not using proper discretion when charging people when there is no real evidence that they did anything wrong I have seen when more evidence was overlooked for twenty years when the Police knew a victim had last been seen in a suspects house. 250 years and several more murders later the finally charge the suspects. In this case it is utterly ridiculous that this case would be put before a Jury who were clueless idiots and obviously did not follow the jury instructions. This has to stop.

    ReplyDelete
    Replies
    1. I'm told by informed sources the DA's office(s) have consolidated their position, protecting the conviction.

      Delete
  9. Justice is not blind. This man was put away by crooks. Karma is a real Bitch and I hope it bites every one involved. This man is put away for life, kids lose their father for absolutely nothing. Don't trust American justice!!!

    ReplyDelete
  10. This man should not spend another day in prison.Justice is not blind, it favors so called victims. If your a defendant you don't stand a snowballs chance in hell of proving your innocence.Especially when you have crooks being Prosecutors,and even bigger crooks wearing black robes.This case was heard and decided snd put to bed even before opening statements.I sure know Karma is a Bitch and I sure hope it bites every one of you who put this man away based on junk science and your lack of conscience.

    ReplyDelete
    Replies
    1. He's he should his son just need to realize his daddy is a killer. The only reason why he doesn't is because he knows his mom had problems. It doesn't matter I know y'all are not gonna approve this comment but to who ever read s this he is fuckin guilty

      Delete
  11. I just watched Aphrodite Jones program about this. I just don't think he did it. I think he got railroaded. He needs a new trial. This is an injustice.

    ReplyDelete
  12. I just watched Aphrodite Jones program about this. I just don't think he did it. I think he got railroaded. He needs a new trial. This is an injustice.

    ReplyDelete
  13. I also believe it was an accident.

    ReplyDelete
    Replies
    1. So you know more about fires than fire investigators. There was a tiny bit of sut in her lungs that means she died B4 the fire that means she was murdered. Did she come back alive and put her bloody blouse in the laundry then go die again. Y'all need to just accept it

      Delete
  14. Horrible display of "justice"... unbelievably miss handling of evidence and I would think the state of WI would want a retrial. A retrial would clear up any misconceptions and either prove without a reasonable their perspective of guilty was correct.

    ReplyDelete
  15. How in the hell can this verdict be upheld? Who are they trying 2 protect? I'm sickened by our so called justice system. This can happen 2 any one of us!!!

    ReplyDelete
  16. It seems to me that Green Bay and the state of Wisconsin both have a huge problem. With so much physical and circumstantial evidence showing that John did not commit the crime and only someone's made-up story based on circumstantial evidence, it is apparent that both Green Bay and the state have no way out, but to keep up their charade. It is always hard as hell to stand up and say, "I made a mistake." Admittedly, it has already been established that the GBPD made numerous mistakes and also the crooked prosecutor is also guilty of prosecutorial misconduct by altering video tapes as well as not presenting the suicide letters found in the waste basket. This is called "Material Evidence" not presented by the prosecutor's office, showing outright prosecutorial misconduct. The man was obviously a liar, cheater and scoundrel. Why the Wisconsin S.C. did not order a new trial is anyone's guess. Maybe the voters should vote them out.

    ReplyDelete
    Replies
    1. It is rare that police and prosecutors admit mistakes, much less bad faith; easier to let an innocent stay in prison. The political will for a check on police is virtually non-existent. There are innocence groups, writers, academics and people who know the victims of police misconduct but that's about it.

      Delete
    2. There is a Brady violation that could be used in an appeal Re the suicide letters, if they were not presented to the defense. See https://www.law.cornell.edu/wex/brady_rule

      Delete
  17. Now that most of the file has gone missing, it would be almost impossible to prosecute this case, meaning that John would have to be set free.

    Bottom line is that the only people that thinks he is guilty are those holding the key to the cell. I have seen this a few times in my career as a state policeman. I have also been told by one prosecutor that retrials are always very expensive, so unless undisputed evidence is brought forward, he would always contest an appeal for a new trial. I think there is undisputed evidence in this case.

    ReplyDelete
    Replies
    1. Robert,
      A friend advises this wrongfully convicted woman in Utah was freed by a judge in 2011 after the judge found a necessary element to her conviction was one for which she is factually innocent. I know we do not have a factually innocent statute, but John and others wrongfully convicted could make habeas motions under https://docs.legis.wisconsin.gov/statutes/statutes/974/06 .

      Have an advocate print out application at http://law.wisc.edu/fjr/clinicals/ip/applications/2016_wip_application_for_assistance_english.pdf

      and ask John to send to:

      Wisconsin Innocence Project
      Frank J. Remington Center
      University of Wisconsin Law School
      975 Bascom Mall
      Madison, WI 53706-1399

      Referencing this case:



      Brown v. State, 2013 UT 42
      Utah Supreme Court

      Filed: July 12th, 2013

      Precedential Status: Precedential

      Citations: 2013 UT 42

      Docket Number: Nos. 20110481

      Judges: Unknown

      Nature of suit: Unknown

      This opinion is subject to revision before final
      publication in the Pacific Reporter



      2013 UT 42


      IN THE

      SUPREME COURT OF THE STATE OF UTAH
      DEBRA BROWN,
      Appellee and Cross-appellant,
      v.
      STATE OF UTAH,
      Appellant and Cross-appellee.
      ____________
      Nos. 20110481, 20110141
      Filed: July 12, 2013
      ____________
      Second District, Ogden Dep’t
      The Honorable Michael D. DiReda
      No. 100903670
      ____________
      Attorneys:
      John E. Swallow, Att’y Gen., Patrick B. Nolan, Scott W. Reed,
      Christopher D. Ballard, Asst. Att’ys Gen., Salt Lake City,
      for appellant and cross-appellee
      Alan L. Sullivan, Christopher Martinez, Elizabeth Fasse,
      Christine R. Poleshuk, Salt Lake City, for appellee and
      cross-appellant
      ____________
      CHIEF JUSTICE DURRANT authored the opinion of the Court, in
      which ASSOCIATE CHIEF JUSTICE NEHRING, JUSTICE DURHAM, and
      JUSTICE PARRISH joined.
      JUSTICE LEE filed a dissenting opinion.

      Delete
  18. THOSE VIDEOS prove nothing it is very possible to be upset at a spouse and let frustration go wild occasionally but thats the release and part of the process instead of letting it eat you from the inside by tryoing to be calm all the time I believe him that he did not do it and the state is acting like most prosecutors do by not admitting they were wrong due to their ego

    ReplyDelete
  19. Its just a gut feeling but I think John is innocent and his girlfriend was responsible.

    ReplyDelete
  20. Too bad he had to find out the hard way, that he was working for a justice system that the tax payers have allowed to become corrupt beyond repair.

    ReplyDelete
  21. Aphroditie Jones, Forensic Files did shows about this case' This man is innocent and TRUE JUSTICE needs to served.

    ReplyDelete
  22. He was trained in arson investigation. As such, he would know that he would not be able to get away with staging an accidental fire. There was nothing more than circumstantial evidence in this case. There is more than reasonable doubt here!

    ReplyDelete
  23. I’m gonna tell you right now that no man would ever use vodka to light a fire, men go for the good stuff(gasoline)!!!!! The state just wanted to point the finger at someone and he was in their line of fire. Good ol’ lawyers being paid off to lie as usual.

    ReplyDelete
  24. First things first, Do not waste the 974.06 post-conviction option until all other options are exhausted. I do not know what the issues were on direct appeal, but ineffective assistance of trial counsel and appellate counsel would be a good start. prosecutorial misconduct coupled with conflict of interest of the prosecutor and the two defense attorney's (his & hers). I'd be looking for undisclosed documents that contradict the states theory as Wisconsin is good at "misplacing" such evidence. If I sound experienced in this area it is because I am. Wisconsin did this to me but the charge wasn't murder, the results were the same. Whatever you do don't procedurally default or you'll be screwed. If anyone would like to bring me up to speed on this case I am willing to provide input and may even be willing to assist.

    ReplyDelete