Wisconsin GOP Ousts Elections Agency Chief—Good Riddance

Michael Haas ousted as Wisconsin elections chief

Madison, Wisconsin—Good news out of Wisconsin as a state bureaucrat, Michael Haas who does not understand the powerful, affirmative right to vote in this state, has been ousted as the state Elections administrator.

The state senate Republicans justified the action by making liberty claims concerning John Doe public integrity probes.

"The Wisconsin Senate voted Tuesday to oust leaders of the bipartisan state agencies charged with running elections and overseeing ethics laws, the latest move by Republicans to exact revenge on anyone connected with a now-closed investigation into Gov. Scott Walker and other conservatives," reports Scott Bauer, (AP).

There is little doubt this act by the Republican-led state senate is an act of political retaliation.

But there is little doubt that the now-defunct John Doe statute was an over-the-top mechanism to probe public integrity crimes.

Even less doubt exists that Haas sees his job as flacking for municipal election clerks who obstruct voting rights, an increasingly common occurrence in Wisconsin.
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A victim of voter obstruction, Mal Contends on Aug 9, 2016, was obstructed from voting for a full 35 minutes on a ridiculous pretext in Fitchburg, Wisconsin.

I have spoken with, and engaged in email conversations with Haas numerous times and the only tangible move from Haas is his suggestion that as an option I vote absentee to avoid hostile poll workers.

I should not have to vote absentee; Haas' suggestion that I vote absentee avoids the question I posed asking why Fitchburg poll workers feel empowered to obstruct voters with whom they have an animus.

Good riddance.

Wisconsin Voter Obstruction Is as Republican as Racism and Corruption

Fitchburg Wisconsin — Wisconsin is regarded by civil rights workers as the worst state to be black and brown in America.

But not only because most white Republicans work to ship minorities into prisons and segregated sectors in Wisconsin's few urban regions of significant populations.

Blacks are targeted at the polls.

Republicans and only Republicans engineered the transformation of Wisconsin election law in an ambitious project to "disenfranchise voters likely to vote for the political party that does not control the state government," in the words of Judge Richard Posner of the Court of Appeals for the Seventh Circuit, in a major voting rights case still being litigated, (Mal Contends, Mal Contends, The Progressive).

Among those likely to vote against the Republican Party are the easily identifiable folks of black and brown skin color.

Though nationally the Republicans' obstructive photo voter ID law garnered wide attention, dozens of party-line statutes have been passed by Republicans since 2011, (Ferral, The Capital Times).

The Republican gerrymandering effort intended to stop non-Republicans from using the polling place to safeguard their interests is one major objective of the Republican anti-voting project, (ScotusBlog,  Election Law).

Obstruct Voters Locally

Other Republican initiatives include white poll workers interrogating voters at the polls, and in an escalation of conspicuous hostility the use of expensive civil citations against voting rights activists: Me.

This Summer Mal Contends will litigate two bogus disorderly conduct civil citations issued by the city of Fitchburg, Wisconsin against me.

One citation was written on August 9, 2016, Fall Primary Election Day. This citation will be argued in front of a jury this Summer in Dane County Circuit Court.

A second citation was written on May 10, 2017 alleging even more misconduct on Aug. 9, 2016 and served seconds after the litigation of the first citation in Municipal Court resulted in a judicial ruling of no fine. The presiding Municipal Judge, Hamdy Ezalarab, recused himself from hearing the second citation which will heard at trial on Aug. 3 at 6:00 p.m by a substitute judge

The Fitchburg City Attorney's office, Mark R Sewell and Valerie A. Zisman, is engaged in misconduct and malicious prosecutions, among other violations of ethics which I will pursue in the future.

Stay posted. This may appear light stuff from a small, corrupt Wisconsin city. It's not light stuff. From an email sent by me to the Wisconsin Elections Commission on Aug. 5, 2016, four days before I was obstructed from voting on Aug 9, received the first two of four visits to our home by armed Fitchburg Police, and received the first of now two civil disorderly conduct citations:

From: Mike Leon [ ...]
Sent: Friday, August 05, 2016 8:42 AM
To: Lowe, Diane - ELECTIONS
Subject: Polling Place
Importance: High

Diane,

Could you email me a URL or GAB (WEC) memo that would indicate how many election inspectors are supposed to hand out ballots at a table in a polling place? I believe it to be two.

A ... chief election inspector in our polling place, where I worked on April 5, positioned one election inspector at the ballots table, and predictably quite a voter bottleneck ensued.

Other elections to my memory featured two inspectors on ballots.

I need a memo or other publicly available authority on this two-people-on-ballots question.

I emailed our election and city clerk, around late April on this but no one got back to me. They are not too crazy about questions RE what they regard as their apparent turf, though I believe myself as a resident and long-time election inspector to be a stakeholder.

Administering elections should be about rules and regulations, to my view.

Mike
#

Voting Rights Battle in Fitchburg, Wisc; Pursuit of Poll Worker, Civil Rights Activist Proceeds

Fitchburg, Wisconsin Municipal Judge
Hamdy Ezalarab is a popular figure on the
 bench in Dane County, Wisconsin.
Photo is from 1969,
(Schmidt, University of Wisconsin-Madison
Memorial Union TerraceViews)

Fitchburg, Wisconsin — Who knew advocating for voters would provoke the wrath of a handful of white bureaucrats of a small Wisconsin suburb?

If you knew Fitchburg aldermanic district number one like I do, you would know.

I've worked roughly 10 years as a poll worker in Fitchburg, Wisconsin, and voted at the same polling place for some 18 years.

Fitchburg is heavily segregated, stained by open racism, and my voting district's poll workers include a handful of white racists who loathe me, I calculate, roughly to the degree I regard them as miserable, xenophobic and deceitful.

The all-white Fitchburg City Clerk's office backs the racists, fervently.

On August 9, 2016, I was obstructed from voting by this group, and after I objected, citing election law and election authorities, I received a civil citation for disorderly conduct.

Why did this happen? The full context is I regularly embarrassed the City Clerk's office by pointing out defects in the operation of my polling place. I'll get specific in Dane County, (Wisconsin), Circuit Court.

The United States and Wisconsin Constitutions and state election law are diminishing under the white-power banner predominating among this small number of racists in our city.

On May 10, 2017, Fitchburg Municipal Court, (a fine, municipal judge), found me guilty of the civil citation, ordering no fine. No fine.

Clearly, I will avail myself of a jury trial in Dane County Circuit Court and appeal this bogus citation.

Not easy to hear racists, whom I explained are the "White Power Caucus," lie repeatedly in open court but at trial I followed advice of friends and more or less went along with a few objections.

I will prevail in Dane County Court in front of a jury, Dane County Circuit Court is a different forum.

Of note, before defamations from the City Clerk's office were ruled inadmissible, the City Attorney's office in the person of one asst. City Attorney Valerie Zisman, threatened in a conference in the hall to write a new citation for August 9, 2016, which is precisely what happened after court adjourned.

I am confident.

Now, however, I have two disorderly conduct citations, one going to Dane County Court, and the new citation in limbo for now.

The second citation was indicated by the City Atty's office in court, to which the judge replied, not in my court. The judge also stated, he was finished with the citation and the matter was closed, stating he had enough, (not a direct quote).

Stay posted. This may appear light stuff from a small, corrupt Wisconsin city. It's not light stuff. From an email sent by me to the Wisconsin Elections Commission on Aug. 5, 2016, four days before I was obstructed from voting on Aug 9, received the first two of four visits to our home by armed Fitchburg Police, and received the first of now two civil disorderly conduct citations:

From: Mike Leon [ ...]
Sent: Friday, August 05, 2016 8:42 AM
To: Lowe, Diane - ELECTIONS
Subject: Polling Place
Importance: High

Diane,

Could you email me a URL or GAB (WEC) memo that would indicate how many election inspectors are supposed to hand out ballots at a table in a polling place? I believe it to be two.

A ... chief election inspector in our polling place, where I worked on April 5, positioned one election inspector at the ballots table, and predictably quite a voter bottleneck ensued.

Other elections to my memory featured two inspectors on ballots.

I need a memo or other publicly available authority on this two-people-on-ballots question.

I emailed our election and city clerk, around late April on this but no one got back to me. They are not too crazy about questions RE what they regard as their apparent turf, though I believe myself as a resident and long-time election inspector to be a stakeholder.

Administering elections should be about rules and regulations, to my view.

Mike
--
More to come. Much more.

Wisconsin Republicans' Voter-Suppression Project Stopped 10,000s in 2016

Human Being, Gladys Harris of Milwaukee,
stopped by Wisconsin Republicans
from voting in 2016. From photo by
 Carrie Antlfinger, Associated Press.

2,976,150 Votes Is Less than 3,068,434 Votes
- "They prevented us from voting," says human being.

Update - See Berman, The Nation.
Fitchburg, Wisconsin — When Wisconsin Republicans began their massive voter-suppression project in 2011, mandating a new voting qualification in photo voter IDs, the prospect made Republicans "giddy," noted a staffer, Todd Allbaugh, present at a Republican Party caucus, (Marley, Milwaukee Journal-Sentinel, Sommerhauser, Wisconsin State Journal).

Associated Press writers, Christina A. Cassidy, Ivan Moreno, have a piece out showing Wisconsin Republicans' transformation of election law yielded significant results in stopping people from voting, lowering the total vote in Milwaukee and statewide, (Wisconsin State Journal). [See also Mal Contends, Mal Contends, Chris Carson and Milwaukee Journal-Sentinel).

"Overall, nearly 3 million people in Wisconsin voted last November, about 91,000 fewer than in 2012. Milwaukee, a power center for Democrats, reported that 41,000 fewer people voted there than in 2012," note Cassidy and Moreno.

The 41,000 voting decrease in Milwaukee alone, where "urban" types reside as noted by Rep. Paul Ryan in 2012, nearly doubles Donald Trump's 2016 victory margin of some 22,000 votes.

In 2012, some 3,068,434 votes were cast for president in Wisconsin. In 2016, this figure is 2,976,150 votes.

The Republican voter suppression project, not often acknowledged, extends to the polling place where voters are harassed in a corruption of the voting process.

Fitchburg, Wisconsin

Today, at 5:00 p.m. (Central), this writer, a Wisconsin voter and a current, 11-year election inspector, will attend the Fitchburg, Wisconsin Municipal Court to challenge a bogus civil citation for disorderly conduct, issued in retaliation for years of sticking up for voters obstructed and harassed in Fitchburg, Wisconsin, an increasingly racist and toxic city of some 25,000 people.

I urge you to attend the proceeding, or view on on of these Charter Communication cable channels: Fitchburg City Channel 985, Fitchburg City Channel 986, or Fitchburg Access Community TV, (FACT) Channel 987, as possible.

A small number of white citizens in Fitchburg, Wisconsin aspires the community to become a white-dominated police state, and is making consequential strikes.

Trump Eyes Safe Harbor, Voter Obstruction

Ben Jacobs: "Trump will be calling for armed white nationalists to patrol the polls in black neighborhoods by time this is over," (Twitter).

All manner of repulsive human beings populate Donald Trump's movement, targeting more surgically than ever the right to vote.

From North Carolina to Wisconsin, Republicans are at war with voting, yet this is not acknowledged widely as a war on the foundation of our democratic republic.

Dallas Woodhouse, the head of the North Carolina Republican Party, saw an opportunity [to obstruct voters] and ran with it, writing in an August email to election officials that 'Republicans can and should make party line changes to early voting,' (NYT).

What does it say about the health of our democracy when warring with voting provokes opposition from mere spheres of society?

It says we are a country that can produce and nourish a cretin like Donald Trump.

The United States Dept of Justice still has a Civil Rights division and voting section, (DoJ).

Funding the DoJ should be a priority of all Americans. It isn't.

If you live in a Republican-occupied state, as likely as not your state DoJ is staffed with Republicans working to stop voting.

Fighting Police Harassment in Dane County Wisconsin

Update: An aroused public is the best defense against police tyranny. Since the deadly shooting of Michael Brown in Ferguson, Missouri, protesters, witnesses, and victims of police brutality have taken to their phones to monitor and record police behavior, posting their videos on social media to shed light on the “official” account of events. In many of these incidents, the individuals documenting the events later alleged that police had harassed them in retaliation. ording or disseminating information related to government misconduct. Police must be trained on the First Amendment right to record, and that right must be guaranteed to all. Please stand with PEN America, People Demanding Action, and the ACLU in calling on the U.S. Department of Justice to investigate this troubling trend of police retaliation against citizen journalists and enforce its policies on First Amendment rights.

Madison and Fitchburg, Wisconsin — The summer of 2008 was a magic time in American history.

From the near-south and north sides of Milwaukee across Wisconsin, people believed.

In Fitchburg, next to Madison, I worked as a polling worker on Election Day 2008, (and for the past some nine years), and I'll never forget the young, black man walking up to the voting rolls table where I was stationed and announcing, "I will be voting today."

Yes, sir, I replied.

The 20-something black man was intense and kind of loud as compared to the room. As likely as not he would be cited for disorderly conduct were he have to announced his intention to vote in the same manner at the Aug. 9, 2016 polling place in Fitchburg, Wisconsin five weeks ago.

We are a new state since 2011, and Republicans and racists are trying to take over the polling place.

A dark man speaking on equal terms with mostly white election inspectors in a room? Dude is just asking for trouble.

The man inspired me, and if he were reading this, I ask him to contact me because we need his voice in this hyper-segregated city of Fitchburg, Wisconsin, segregation being a fact you'll not read about the City website.

It is a fact we have a big racists-in-City Hall problem and a related racists-at-the-polling place problem. I could be wrong but I believe ignoring the defects of our city will not yield a solution.

The problem is made much worse by the fact that bureaucrats conspired to contrive a disorderly conduct charge against me for trying to vote, and sticking up for the civil liberties of others.

Local police gladly helped the bureaucrats, and I received a non-mandatory appearance complaint through First Class mail 29 days after Aug. 10 date of Citation.

This was in retaliation for my pointing out in an email racist City officials failed to place Election Day signs at the polling place on the presidential primary Election Day on April 5. I mean we don't want black and brown folks showing up to vote en masse?

This was in retaliation against me for pointing out in 2014 an armed police presence near the polling place is a very bad idea. That voters in our district's black neighborhoods needed to encounter police to vote is a bad idea.

There's more, stay tuned. To support Mal as I fight this disorderly conduct civil citation, go to Support Mal.

I've made a motion to dismiss pro se and appearing specially, as a nine-year sworn election inspector, (current to 2017), current 16-year Fitchburg resident, complainant of two public integrity investigations of Fitchburg City Hall election conduct, (filed 2013, 2016 with Dane County District Attorney), current writer indexed in Nexis and Westlaw, and current correspondent for the Fitchburg Star, (Wood Comm, Inc.).

I fully expect more harassment, intimidation attempts and abuse of process. Figure the more noise I make, the more I chronicle, the more difficult the attempt to persecute. Local civil rights workers agree.

Wisc. Voting System Marred by Bureaucrats, Republicans and Racists

Reporting on voter obstruction has noted the policy pretext of voter impersonation and the growing normalization of racism.

Deceit and racism animate the work of some election observers who in turn cause U.S. DoJ and civil rights observers to show up to watch them.

Check your polling place if you vote on Election Day, and you'll see what I mean.

The fact is many white Americans simply do not like the sight of black, brown and otherwise non-white voters showing up to effectively cancel their legitimate white votes.

White America wants its country back so Donald Trump has happily joined the fight against voting.

This fight against voting is administered at the local polling system by municipal bureaucrats populating smaller municipal offices. The human resources at the polling place, typically, are not the best and brightest.

Their aim often is to stop and frustrate the vote of as many non-whites as possible.

To become an election official, there is no test given on federal and state election law, administrative law, case law, voting rights, and the history of fighting for voting rights.

Now-a-days, the Republican Party names its poll workers and not on the basis of civil rights advocacy and understanding of the Fourteenth and Fifteenth amendments.

The civil rights of the voter are not met at the point of voting with erudite voting rights advocates with both an understanding of, and inclination to preserve voting rights.

This defect comes from municipal bureaucrats, never the brightest bulbs of a community, populating our smaller municipal offices who administer elections with either an enlightened purpose of a liberal democracy or as in segregated Fitchburg, Wisconsin in Dane County a zeal to implement voter suppression.

Few object. This project is as deplorable as it is illegal.

Watch this space.

Wisconsin Republicans—Dirty Tricks, Racists and Voter Obstruction

Updated - "Our campaign has had to deal with millions of dollars in misleading, negative ads from the Koch network, but this is a new low. Republicans are getting desperate, and they've resorted to the dirtiest tactic in their playbook: sending a spy into our campaign headquarters. This person came into our campaign headquarters using a fake name, a fake story, and even a fake Facebook page to try and cover their tracks," says Sarah Lindstrom, Volunteer Coordinator for the Russ Feingold U.S. Senate campaign in an email this morning.

Republican dirty tricks combined with one of the most ambitious voter obstruction projects in the nation reveal two things: The nature of the white Republican party in Wisconsin, and the desperation of the white party.

Signing off for the weekend.

Wisconsin, be advised, even the most basic right, voting, is under assault.

Scott Walker is quoted in the Capital Times today, saying Republican-enacted restrictions on early voting are needed after these restrictions were struck down in late July as unconstitutional by U.S. District Judge James Peterson in One Wisconsin Now, Inc. v. Thomsen.

Peterson held a trial and after hearing evidence, testimony, and argument found these early-voting restrictions to be discriminatory. This is an extraordinary opinion, but in white Wisconsin the significance is lost on the politcal culture.

"Those were reasonable changes at the time ... ," Walker said, not specifying why these restrictions were reasonable in 2011, or explaining if these restrictions are not needed now in 2016, then what has changed.

Getting a straight answer out of Scott Walker, or a racist bureaucrat in Fitchburg, Wisconsin, is never a good bet.

Donald Trump Is Encouraging Intimidation and Racial Profiling at the Polls

Voter obstruction is a reality, with or without Donald Trump. But Trump knows a valuable asset using whites against minority voters.

Ari Berman at The Nation has a critical piece, Donald Trump Is Encouraging Intimidation and Racial Profiling at the Polls.

At home in Wisconsin, our state has some 3,583 voting precincts.

In 2011, Wisconsin Republicans decided to name their polling workers across the state, (Barbour, Wisconsin State Journal.

No Republican need live in the district of the polling place at which they are assigned to harass targets of opportunity.

Take some 3,500 voting sites, harass and obstruct non-Republicans across the state and Republicans have a decent suppression regime.

Combine this effort with the many election law changes Republicans have enacted and the total suppression result is significant, (Ferral, The Capital Times), if not challenged.

Drip by drop, incursion by incursion, Wisconsin is changing before our eyes.

I'm a Fitchburg, Wisconsin Election Inspector, Was Stopped from Voting for 35 Minutes and Harassed

Voter Obstruction and Harassment Has to Stop Now

Update II: White Fitchburg election inspector leaves comment at Mal Contends, corroborating in part allegations below. MC would publish comment, (it is saved), however it is this site's policy not to run the words of racists, as I hate those fuckers.
--
Updated - I have voted at Fitchburg Fire Station, Number 2, for some 15 years, working as a sworn election inspector, (contract employee), for some nine years.

This morning I walked-jogged to my polling place to vote.

I walked into the fire station, said 'hi' to the greeter, said hi to Hertis at the Ballots table, hi to Lynette Rasmusson, a retied teacher, friend and neighbor down our street, at the M-Z voting books.

I walk over to the A-L table to state my name and address, as I do in every election.

I gave the Republican Election Inspector on the A-L books my Wisconsin-issued voter-photo ID who proceeded to take about two minutes time, apparently pretending to inspect attributes.

'Get to work, boys. Leon, Michael, Monticello Way, 5767,' I said jokingly.

But something was up. I worked the voting rolls inspecting IDs in before, and it does not take this long to examine an ID.

Election inspectors typically are not adversarial and hostile except maybe to black folks, but I'm waiting for my voting number to get my ballot.

I take my ID and I place it back in my wallet.

'I need to see your ID again, I have to check, ahh, the expiration date," said the Republican.

—You just saw it and inspected my ID. You don't need to see it again, I say.

This guy is screwing with me, with my vote. I'm pissed.

'I need you to state your address, Mike,' using my name.

—You're screwing with me. I gave you my ID, and my address. You know fully well who I am. Where's my [voting] number. I'm voting today.

I can't believe this Republican is screwing with me, with my vote. He has my name and address, and after examining my ID, now he's preventing me from voting.

I'm going to settle this with the election authorities, I say. I'm being denied my right to vote, I said, glancing at Lynette Rasmusson at the M-Z table.

I call up the US Atty's office, the Wisconsin DoJ, the Fitchburg City Clerk, the Dane County DA and then the Wisconsin Elections Commission (WEC, formerly GAB).

Should have started with Elections Commission, but my guard is down, I was ambushed. Hey, I'm voting; it's social, civic and political.

So, after being on with the Elections Commission for several minutes, I gave her the name of Dale Z., the Republican Chief Election Inspector seated behind and to the right of the voting rolls.

I hold the phone in the air, and she hears the chatter from the A-L table. 'We need your name and address,' says the Republican.

Okay, they are screwing with me still, and I cannot believe it, but I'll try this again with the Elections Commission on. I give my name and address again. This time, the two Republicans and Ron Johnson, (also working the A-L table), all yell, cheer and say, about time.

The Elections Commission says, what was that? Those are the Republican election inspectors, I reply.

It sounded like a gasp, but I don't know.

I call a Fitchburg Alder, Tony Hartman, and the Fitchburg Star and a bunch of local politcos and elected officeholders.

This harassment and voter obstruction has to stop now.

Tony Hartman says he'll talk to Patty and Tracy at City Hall. I'm on with Mike Haas at the Wisconsin Elections Commission, and tell him in no uncertain words, this harassment has to stop.

I call City Hall, the election inspector dismisses my complaint out-of-hand with no investigation.

By not taking my complaint seriously, she was giving tacit approval to the violators and condoning their action.

City Hall doesn't like my writing, doesn't like my sticking up for voters. I'm still on with Haas.


Jackie, my life partner who is in ill health, calls from the living room and said, there is Fitchburg Police squadron stopping at our home, and two armed FPD officers walk up our drive-way and pound at the door.

Jackie is scared is her own home, and she cannot afford stress.

This is voting today, this has to stop. Right now.
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Email to Fitchburg, Wisconsin Common Council members sent Aug. 9

This needs to stop right now.

I had multiple conversations with District Attorney Ismael Ozanne, the GAB's Mike Haas, and State Rep. Robb Kahl's office, among many other parties.

I related this morning's events about being obstructed to vote for 35 minutes, followed by two visits of Fitchburg

Police banging on our home, and upsetting Jackie to tears. Her health is not good, and she need a stress-free environment. I will file a civil rights complaint and a civil suit if personal injury results.

These events are chronicled here.

The voter obstruction and police harassment comes as a partisan tactical voter suppression campaign is clear, and secondly my status as an ethic minority is met with hostility by Republicans including but not limited to three Republican Fitchburg election inspectors and Tracy Oldenburg.

There will be an investigation conducted by the District Attorney's office as well as the Elections Commission, I have been assured.

Prior to these investigations, it is incumbent that we realize Tracy is not capable of addressing complaints, as evinced by her behavior in which she summarily dismissed my complaint with no investigation.

More insidious is the fact Republican election inspectors felt entitled and empowered to engage in this clearly hostile voter obstruction. Tracy Oldenburg is incapable of administering elections and an inquiry should be addressed with an eye towards removing her.

I would ask for a thorough consideration of the facts of harassment against my family and me, and voter obstruction conducted with the assent of Tracy Oldenburg.

Mike Leon

On Wrongful Convictions and Tunnel Vision

"Only a fraction of criminal cases involve biological evidence that can be subjected to DNA testing, and even when such evidence exists, it is often lost or destroyed after a conviction. Since they don’t have access to a definitive test like DNA, many wrongfully convicted people have a slim chance of ever proving their innocence," notes the Innocence Project.

The criminal justice is a system of men and women, and not law; don't kid yourself. High-minded rhetoric from prosecutors is so much twaddle.

For justice to prevail, commitment to truth and moral courage must trump careerism, institutional inertia of the drive to amass convictions, and passive compliance.

So, I pose here again an appeal to sign and distribute this Petition to demand a new trial for the wrongfully convicted Penny Brummer, convicted out of 1990s animus against lesbians by Dane County law enforcement, tunnel vision, and a frighteningly hostile stance of district attorneys toward claims of injustice and "blind obedience to finality," (Findley, Innocence Project, Washington Post).

Following is an eloquent description of Tunnel Vision from the Huffington Post, (Ferner):

Tunnel Vision: 'A Recipe For Disaster'

During the course of 'Making a Murderer,' it’s revealed that Manitowoc authorities had evidence that there may have been another suspect in Avery’s sexual assault case. For years, though, no report was filed about that evidence. Avery’s defense argues that law enforcement, in both Avery’s sexual assault case and his murder case, simply decided he was guilty before they had the evidence to prove it. The cops and prosecutors deny they had anything against Avery, maintaining that the evidence led them to him.

Daniel Medwed, a law professor at Northeastern University who has studied this phenomenon in depth, told HuffPost that police and prosecutors have been known to lock on to a theory and 'neglect countervailing evidence' if they decide a certain individual must be guilty.

'Psychologists call this "confirmation bias," Medwed said. 'After you develop a hypothesis, you see everything through that lens and interpret data in a way that confirms that view.'

[U.S. Circuit Judge Alex] Kozinski echoed similar sentiments to HuffPost, saying that when police are convinced of a person's guilt, this kind of 'tunnel vision' is 'probably the number one cause of wrongful convictions.'

This month, The Police Chief, the magazine of the International Association of Chiefs of Police, published an extensive report describing how 'tunnel vision' can lead to overturned convictions.

'This heuristic is particularly ill-suited to solving complex, dynamic investigations,' writes Dr. Kim Rossmo, a university chair and former detective inspector. 'Focusing on the first likely suspect, then closing the investigation off to alternative theories is a recipe for disaster.'

Yes, 'tunnel vision is a recipe for disaster, ask Penny Brummer. Of the many victims of tunnel vision, let's save one.

The Police Chief's piece on tunnel vision concludes:

Investigations should be led by the evidence, not by the suspects. Case conclusions should be deferred until sufficient information has been gathered, and tunnel vision should be avoided at all costs. Investigative managers must remain neutral and encourage open inquiries, discussion, and dissent. Assumptions, inference chains, and uncertainties need to be recognized and recorded. Outside help should be sought when necessary.

Being aware of these problems, however, is usually not enough. Police agencies need to establish organizational mechanisms to mitigate their risk.

Yes, like that's going to happen. There are careers at stake, Penny Brummer is suffering her wrongful conviction and life sentence for the sake of these careers and reputations.

Wisconsin Innocents Remain Incarcerated, Two L.A. Men to Get $24 million for Wrongful Convictions

Brummer v. Wisconsin

Updated - See also piece at CounterPunch.

"Los Angeles will pay more than $24 million to two men wrongfully imprisoned for decades, settling lawsuits by the men that accused police detectives of ignoring key evidence or witness testimony in the separate murderer cases," reports Dakota Smith in Los Angeles Daily News.

The headlines reporting new exonerations across the nation are almost daily. And the reactions from prosecutors across the country are uniform: Nothing to see here, no systemic problems, nothing we could have done, good faith, all systems green in the American criminal justice system.

With respect to the 1994 wrongful conviction of Penny Brummer in Dane County Wisconsin, I'm starting to believe the obstacles behind the district attorney's refusal to stipulate to a new trial is not a combination of institutional arrogance, obstinance and careerism.

No, Dane County District Attorney Ismael R. Ozanne has to this point refused a new trial in the Brummer case because he is protecting a wrongful conviction begun with an animus towards lesbians, and the case at trial was virtually a string of defamations, character assassinations and suppositions made in open court by the two prosecutors, the retired Ann Sayles, (27 years as a prosecutor in the DA's Office) and the late Deputy District Attorney Judy Schwaemle. See Who Killed Sarah.

Ozanne must believe he owes his allegiance to his former colleagues whose names are of more importance than the life of Penny Brummer.

There is no chance Brummer would be convicted today at trial, so Ozanne, one speculates, made a calculation that an innocent woman's life is not worth the black eye the DA's office would incur and the substantial monies that would be paid out by the state of Wisconsin.

There is a darker more sinister explanation: Brady violations, that would constitute prosecutorial misconduct.

I asked Ozanne a series of questions when he was running for Wisconsin attorney general in 2014, One question in part is "how much does the imprisonment of an innocent weigh on you?"

The relevant portion of Ozanne's response (via email) is below:

No prosecutor should want to have innocent people who have been wrongfully convicted stay in prison.  If evidence is brought to the attention of the authorities demonstrating that a mistake has been made, the interests of justice demand that the evidence is carefully reviewed and the individual should be released if exonerated. As Dane County District Attorney, I have worked with lawyers from the Innocence Project, and will do so in the future.  While these decisions are largely at the discretion of the DAs around the state, I would work with them as attorney general, providing resources and advice in these situations. The ultimate goal of the system is not simply to secure convictions, it is to do justice, (Mal Contends, April 2104) (emphasis added)

If Ozanne really believes his reference to "justice," I fully expect a review of Brummer v. Wisconsin (1994) (Dane County Case Number 1994CF000617) and a new trial.

Because the feeble, circumstantial case against Brummer should have been laughed out of court by former Judge Patrick Fiedler in 1994, Ozanne would be subjecting his office to ridicule, contingent on his position.

Notes attorney Sheila Berry:

All of the Signs of Innocence, criteria developed by David Protess, Director of the Chicago Innocence Project, apply to Penny.

Physical Evidence?
No physical evidence tied Penny to the crime; the murder weapon was never found.

Credible eye witnesses?
Key witnesses included James Foseid, who changed his story several times (and continues to change it).

Alibis?
Penny was home in Spring Green in time to see a TV show that started at 1:37 a.m. Sarah, forensic evidence suggests, may not have died until several hours later.

Any credible confession?
Penny maintains her innocence, although a police detective claimed she nodded slightly when he stated, "I think you were involved in Sarah's death."

Background of defendant?
No prior criminal record.

Enough pussyfooting around, Ismael Ozanne. Is your stated dedication to justice straight-up?

On Feb. 21, 2014 Rubin 'Hurricane' Carter (1937-2014), facing his imminent death, published his dying wish: That David McCallum of Brooklyn be granted a full hearing by the Brooklyn conviction integrity unit, (Carter, New York Daily News).

"I ask [District Attorney Ken] Thompson to look straight in the eye of truth, a tougher customer than death, and not back down either," wrote Carter. McCallum's 1986 conviction for murder and kidnapping was vacated in October 2014, (Moynihan, NYT), some six months after Rubin Carter died on April 20.

One hopes a similar legal result awaits Penny Brummer so that this woman who has over 20 years taken away from her can live out her life in peace.

Person of Interest Hits Wrongfully Convicted for Serving in U.S. Military

Update: Shortly after this post appeared Glenda Johnson took down her comments in a Facebook response (Dec. 15; 7:01 p.m.) to a WKOW-TV (Madison) report. Ms. Johnson's over-heated response indicates a person who really wants this case closed for good, and she remains a suspect whose home the victim was heading before her body was found some two weeks later.
 ---
The day after a press conference this week announcing a $10,000 reward for information leading to the conviction of the person responsible for the 1994 killing of Sarah Gonstead in Madison, a person of interest in a private investigator's probe has come forward and stated she is "100% positive the right person is behind bars."

Glenda Johnson said she bases her certainty in part on the fact that Penny Brummer, the wrongfully convicted, served her country in the United States Armed Forces.

Writes Johnson in a Facebook response (Dec. 15; 7:01 p.m.) to a WKOW-TV (Madison) report by WKOW journalist, Matt Cash: "She [Penny] had her share of issues when she lived in California. She was in the military... A MP. Plus.... I am 100% positive the right person is behind bars ... ."

Penny Brummer did enlist in the Air Force right out of high school in 1987, and after basic training was transferred to Castle Air Force Base in California assigned to base security. She was honorably discharged in 1993, (Berry, p.14).

The full Facebook post by Ms. Johnson reads: "Well lets just say this... The facts on the [WKOW] page/link are wrong. They never made it back to the east side of Madison... Timeline doesn't add up. Last place they were seen together was 1.5 miles from where her body was found... Penny was a very controlling person.. She had her share of issues when she lived in California. She was in the military... A MP. Plus.... I am 100% positive the right person is behind bars. How many times do kids... Even adults lie to their parents. It's a ploy for money because the police have closed this case.... And Penny's mom says ... Penny wouldn't do it."

A reply to Johnson by a co-author of a detailed book on the homicide, by Sheila Berry, reads in full: "Glenda Johnson We have the police reports and the transcripts of everything -- initial appearance, preliminary, motions, trial and sentencing. It is clear from police reports that YOU raised the hue and cry that Sarah never made it to your house, before anyone knew she was missing. Did the police get that wrong? How about that 3 hour gap after you left work -- so upset -- but didn't go home? That's the same time frame when an independent witness saw someone dumping a bright pink "bundle" that turned out to be Sarah's body. As Shakspeare said, methinks the lady doth protest too much."

Why Glenda Johnson—who lived in the home to which Ms. Gonstead was last reported to have been intent on visiting—is so vested to see Penny Brummer behind bars and affirm the integrity of a clearly faulty police investigation is interesting, certainly pertinent to the 1994 criminal investigation.

The police quickly developed their theory and declined investigating leads disconfirming or not supporting their theory, (tunnel vision in the vernacular of criminal justice), and barely questioned Ms. Johnson. The Dane County District Attorney's office went along for the ride.

Sarah Gonstead was last seen on March 24, 1994. Her body was recovered on April 9, 1994 in Pine Bluff, an unincorporated community west of Madison. "In less than a week authorities had zeroed in on 24-year-old Penny Brummer. The last person to admit to seeing Gonstead alive after their night of binge drinking [together]," (Pabich, WMTV (Madison).

Notes author and attorney Sheila Berry on her website:

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.

The blood alcohol level in Sarah's liver suggests a time of death several hours after Penny was back at her Spring Green home, watching TV. 

The dearth of evidence and many facts do not fit, and do not support a conviction, and Penny Brummer remains in prison serving a life sentence.

Wisconsin Wrongful Conviction and a $10,000 Reward for At-large Killer

Advocates for Penny Brummer - Wrongfully Convicted in 1994

"Investigators can prematurely arrive at conclusions that are incorrect and then focus on information that supports those plots and conclusions and disregard other information that comes in that does not support those conclusions. That's a process called 'tunnel vision.' And it can and it does lead to conviction of the innocent. Penny [Brummer's] case features many of these same features."
—John Pray, Co-founder of the University of Wisconsin-Madison Innocence Project

Advocates of Penny Brummer are working to correct a 21-year-old injustice in the wrongful conviction of Penny Brummer.

Penny Brummer was convicted of killing Sarah Gonstead in 1994 despite no weapon, no forensic evidence, no motive, and literally no evidence of any kind tying Brummer to the undetermined crime scene.

The police investigation was replete with anti-lesbian bigotry playing a big part in Penny's conviction, and is a case study of confirmation bias. Several jurors expressed disapproval of lesbian and gay relationships in jury questionnaires.

Police investigators questioned Penny's co-workers about her body language, 'how she carried herself at work;' her persona apparently appearing unladylike behavior in an atavistic conception of gender types.

A $10,000 reward has been offered for information leading to the arrest and conviction of the killer of Sarah Gonstead murdered in 1994 for which Brummer was convicted and given a life sentence for first-degree intentional homicide.

Madison, Wisconsin media—WISC-TV (Madison), WKOW-TV (Madison)—and advocates for Brummer heavily covered the news of the $10,000 reward as a private investigator, Rikki Glen, continues an ongoing investigation

Rikki Glen, Penny's mother, Nancy Brummer, and John Pray of the Wisconsin Innocence Project held a press conference yesterday in front of the Dane County Courthouse.

"The evidence [in the Brummer case] was beyond, beyond thin," said Ms. Glen at the press conference.

The reward for the 21-year old conviction in Brummer v. Wisconsin comes as Dane County has made strides in combating LGBTQ bigotry, and after the win-convictions-for-reason-of-advancing-careers dynamic in the legal community in Wisconsin and Dane County resulted in incarcerations that shamed the criminal justice system.

"Today, we are a more enlightened community than 20 years ago, and Nancy Brummer, and advocates are optimistic that champions for truth will come forward and our community, police and prosecutors will stand up for truth and free Penny Brummer," said Glen.

Said John Pray of the Wisconsin Innocence Project at the press conference: 

It's been over 20 years since Penny Brummer has been convicted of the murder of Sarah Gonstead. It's a very long time and it's been a very difficult 20 years for Penny, for the family, and for her friends and many supporters. In 1994 when Penny was convicted this country was at the beginning of a revolution in the criminal justice system. This revolution was brought about by the first uses of DNA which led to the formation of the Innocence movement. At that time, for the first time, we all became very aware of the indisputable fact that it is possible to convict people of serious crimes—murder, sex assaults—and be completely innocent. We've also learned that this happens a lot more than we are comfortable with and a lot more than we ever thought was possible. In the years since then, we've seen 100s of examples where DNA evidence has proved beyond any doubt the system has grievously erred and that the wrong person was in prison. A number of those people are from Wisconsin. Wisconsin is not immune from that. Some of those people served decades in prison before they were proved innocent. In many of those cases DNA led not only to the release of the innocent person but to the arrest and conviction of the actual murderer or the actual perpetrator who have, by the way, gone on to commit other serious crimes because they have been let free.

We learn from these exonerations what went wrong with the system. And for the most part it isn't because there are evil police and prosecutors who are trying to get it wrong. They're generally good people, they're trying to solve crimes and serve justice. But even when people are acting in good faith there are still many ways that things can go tragically wrong: Eyewitness identification is often unreliable. Witnesses' memories are prone to mistakes. Investigators can prematurely arrive at conclusions that are incorrect and then focus on information that supports those plots and conclusions and disregard other information that comes in that does not support those conclusions. That's a process called 'tunnel vision.' And it can and it does lead to conviction of the innocent. Penny's case features many of these same features.

[Note: Since covering the Brummer case, several jurists, advocates and other well-informed sources have told me on background coverage of this case here has on some occasions borders on ad hominem regarding the presiding judge of Brummer v. Wisconsin, Patrick Fiedler. They point to Fiedler's well-regarded status in the Wisconsin legal community, his CV (ballotpedia), attest to Fiedler as an honorable jurist and brilliant intellect, his swift exoneration of Forest Shomberg in the 2011 wrongful conviction case, and currently his work as an effective defense attorney working to defend the rights of the citizenry of Wisconsin. These assessments are often informed by those who have worked directly and closely with Fielder. This site is indexed in Lexis-Nexis and Bloomberg's Westlaw as a legal research document, and thorough commentary and analysis ought note the above facts.]

Below is the statement on Penny Brummer read by private investigator, Rikki Glen at the press conference held yesterday:

I'm Rikki Glen, a Wisconsin licensed private investigator retained by advocates challenging the wrongful conviction of Penny Brummer.

I am going to read a short statement about why we are here today, followed by statements from Penny's mother, Nancy and John Pray from the UW Innocence Project.

If you have questions we will be glad to try and answer them after we have finished.

Twenty years ago, Penny Brummer was convicted of killing Sarah Gonstead despite no weapon, no forensic evidence, no motive, and no evidence of any kind tying Brummer to the undetermined crime scene. It has long been asserted that anti-lesbian bias played a large part in Penny's conviction.

When I was asked to help with this case, earlier this year, I had a vague recollection of what transpired. As I was reading through the police reports I was shocked and bothered by some of the things that I read.

For instance, there was an alternate suspect. After Penny dropped off Sarah she saw her talking with some people. Penny remembered seeing an old gray van with distinctive bug eye windows. A few days later, Penny was looking for the van when she spotted it not far from the 3054 Club and Taco Bell. Penny gave the license number to her friend's mother, who turned it over to police. The license traced back to a person who had a long record of felonies against women. He admitted he frequented the area where Penny saw him talking to Sarah, and he said that he was the only one who ever drove his vehicle. His driver's license was revoked at the time, so it was a crime for him to drive, but police didn't seem to notice that. He was interviewed briefly, told them he wasn't at that location on March 14th, and that ended the interview.

Police clearly had 'tunnel vision' in building a case against Penny, another common feature in wrongful convictions.

Another example a witness came forward and reported seeing a suspicious man standing by the open passenger door of a parked pickup truck exactly where Sarah's body was later found. This suspicious man 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. He also noticed what looked to him to be a pink duffle bag on the ground next to the truck. Sarah was wearing a pink jacket when she disappeared. The police told the witness 'This is all very interesting, but we already have a suspect, and this doesn't fit.'

Today, I announce that a $10,000 reward has been established for information leading to the arrest and conviction of the killer of Sarah Gonstead. Advocates have set up a new toll-free number, (800) 407-1178, for tipsters seeking the $10,000 reward.

A decent and honest district attorney's office, we believe, will not defend this prosecution, because today we are a more enlightened community than 20 years ago, and Nancy Brummer, and advocates are optimistic that champions for truth will come forward and our community, police and prosecutors will stand up for truth and free Penny Brummer.

"Hope springs eternal in the human breast," said Alexander Pope in his An Essay on Man (1734).

For Penny Brummer, her family, her extended family of supporters and in the name of justice for Sarah Gonstead, one hopes truth is soon realized.

Police-Prosecutor State Must End

Updated - "The sentencing reform bill introduced in the Senate on Thursday falls far short of what is needed, but it is a crucial first step on the long path toward unwinding the federal government’s decades-long reliance on prisons as the answer to every ill," notes today's New York Times.

It's not just prison sentences for the guilty, it's the insane police-prosecutor state composed of individuals who have no remorse and blind ambition in arresting, prosecuting and imprisoning innocent Americans.

Every day in Dane County former District Attorney Brian Blanchard (2001-2010) (now a state appellate judge) and former Dane County (Wisconsin) Judge Patrick Fiedler, (now a partner with Hurley, Burish & Stanton, S.C.), draw a level breath one wonders how much the innocent Penny Brummer they convicted weighs on their minds.

Brummer is a lesbian, served in the armed forces, and hence must be guilty of murder. That's the size of their case in 1994. Imbecilic police work, bigotry and careerism.

Can this happen in America? This is America, "a leviathan unmatched in human history," (Loury, Boston Review).

And Blanchard and Fiedler are sleeping fine.

To understand the character of Blanchard and Fiedler, consider this is the same prosecutor-judge combo—so desperate for career advancement—they prosecuted the late, eminent UW-Madison historian Stanley Kutler, (1934-2015). Kutler's charged crime? Yelling at his health insurance company, and opining the bureaucrats' company should be blown up.

This brought a Class B misdemeanor charge filed by Blanchard in 2005, ridiculed across academic circles and among jurists, and ultimately settled with a $149.00 fine.

Fiedler didn't toss the case, Blanchard didn't drop the case.

Blanchard and Fiedler got their headlines.

Kutler emailed and called me a couple of years later after reading some pieces about then U.S. Atty Steven Biskupic's prosecutions of a veteran on a trumped-up "wire fraud" charges, numerous 'voter fraud' charges and the infamous Georgia Thompson prosecution.

Kutler suggested in good humor that Blanchard should consider taking 30 days and reading up on Robert Jackson and his disquisitions on prosecutorial discretion.

The current Dane County District Attorney should do the same, and consider the proposition that apropos to Penny Brummer, and every citizen, the law can afford to be just. And there is no imperative to protect a wrongful prosecution, emphatically when the innocent Ms. Brummer has been sitting in prison for 19 years.

If you have any information that could lead to the arrest and conviction of the person/persons responsible for the death of Sarah Gonstead or the death of Kelly Nolan, please contact: sheila0326@gmail.com. 

Center for Prosecutor Integrity—Needed Here

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) for reasons of careerism and bigotry against Lesbians

As the police continue to target black men and women in Dane County, the need for civil liberties checks on the police and the prosecutor is apparent.

One such check is the Center for Prosecutor Integrity (CPI).

When an innocent loses decades of his life, then is exonerated in Wisconsin, what happens? Does the press pound for an explanation? Do police self-evaluate? District Attorney's office?

Nothing happens, careerism and passive compliance remain the order of the day.

At CPR, the mission remains in part:

The Center for Prosecutor Integrity is the nation’s only organization with a sole focus on enhancing prosecutorial ethics.

Three major areas:Addressing Over-Criminalization, Ending Wrongful Convictions and Restoring Equal Treatment Under Law. ...

Our Prosecutor Integrity Registry help tell the story and address the very real problems in our Justice System today.

These are just some of the systemic problems.

Self-conscious malicious prosecutions and prosecutorial misconduct are common, common is Wisconsin.

Penny Brummer

Here in Dane County, for example, 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 R. Ozanne (2010-present) has refused to revisit, though the case lacks evidence of any kind—forensic evidence, eyewitness,  murder weapon, nothing but bigotry and what attorneys call "confirmation bias"—the rest of all call it bullshit.

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

Of course not, Brummer was a lesbian so she likely murdered someone, so 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.

For the life of me it is incomprehensible to me why 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, Penny Brummer.

"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).

What is Ozanne's excuse?

Ozanne has made public statements that his office will cooperate with the Innocence Project.

This is an unusual commitment by district attorneys in wrongful conviction cases.

In light of the growing prison-industrial complex of American society and case after case of innocents behind bars, I asked Ozanne point blank when he was running for Attorney General, "how much does the imprisonment of an innocent weigh on you?"

Ozanne's response is a source of hope for Penny Brummer: "No prosecutor should want to have innocent people who have been wrongfully convicted stay in prison. If evidence is brought to the attention of the authorities demonstrating that a mistake has been made, the interests of justice demand that the evidence is carefully reviewed and the individual should be released if exonerated. As Dane County District Attorney, I have worked with lawyers from the Innocence Project, and will do so in the future. While these decisions are largely at the discretion of the DAs around the state, I would work with them as attorney general, providing resources and advice in these situations. The ultimate goal of the system is not simply to secure convictions, it is to do justice."

These words do not square with Ozanne's inaciton.

As with all the other innocents whose lives were effectively murdered, Ms. Brummer's case calls for enactment of a Conviction Integrity Unit in Dane, Iron and Milwaukee counties, independent of the District Attorney's offices, for starters. (Conviction Integrity Unit, Wrongful Convictions)
-
[A version of this piece was published in 2014.]

Hope for the Innocent

Who killed Sarah?

Update: "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.
---
An innocent women, Penny Brummer, sits in the Taycheedah Correctional Institution located just outside Fond du Lac, Wisconsin, convicted of first degree murder in 1994.

One problem among many with the case is that there is no physical evidence connecting Brummer to the murder of Sarah Gonstead, no murder weapon, and no witnesses. And no motive.

The case is an array of contrived theories, conjecture, and unadulterated bigotry predicated upon the fact that Brummer is a lesbian, hence the murderer of Gonstead (Berry and Berry, Who Killed Sarah?).

Penny Brummer is serving a life sentence for first-degree murder after being convicted on circumstantial evidence, a sentence handed down with apparent joy by 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 should never have allowed the trial to continue with the paucity of evidence presented.

But Fiedler is not known as a human rights activist, just a GOP hack who is making a lot of money over the lives of victims of the sick judiciary.

"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).

A few years back, Madison writer Bill Lueders visited Brummer at Taycheedah.

"Something's got to happen. 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," Lueders wrote, quoting Penny Brummer.

Not God, certainly not former Dane County Sheriff Rick Raemisch (1990-1997), now passing himself off as a prison reformer in Colorado (Goode, NYT).

Raemisch used the occasion of WMTV's piece (Pabich) on the Wisconsin Innocence Project's effort (following work by Wisconsin's Innocence Consultants) to exonerate Brummer to offer this lame, conscience-free statement: "We can place the suspect and the victim in the west end of Dane County at the time the suspect says the victim was being dropped off." (WMTV)

That's compelling. Wonder how this logical wizard, Raemisch, sleeps at night.

DNA Testing Ongoing

Fortunately, the Innocence Project is expecting more results of ongoing DNA analysis soon.

Reports WMTV's Pabich: "The DNA results are expected in the next few months. We (spoke) with the foreman of the jury that convicted Penny. He says he didn't want to talk about the situation 20 years ago and doesn't want to now. I did ask him if he still stands by the decision they made 20 years ago. He said that's a really difficult question."

Dane County DA's Office and Cause for Hope

The current Dane County District Attorney is Ismael Ozanne, and the office is now (to my mind) guided by facts and justice.

Ozanne has made public statements that his office will cooperate with the Innocence Project.

This is an unusual commitment by district attorneys in wrongful conviction cases.

In light of the growing prison-industrial complex of American society and case after case of innocents behind bars, I asked Ozanne point blank when he was running for Attorney General, "how much does the imprisonment of an innocent weigh on you?"

Ozanne's response is a source of hope for Penny Brummer: "No prosecutor should want to have innocent people who have been wrongfully convicted stay in prison. If evidence is brought to the attention of the authorities demonstrating that a mistake has been made, the interests of justice demand that the evidence is carefully reviewed and the individual should be released if exonerated. As Dane County District Attorney, I have worked with lawyers from the Innocence Project, and will do so in the future. While these decisions are largely at the discretion of the DAs around the state, I would work with them as attorney general, providing resources and advice in these situations. The ultimate goal of the system is not simply to secure convictions, it is to do justice."

The most recent piece by WMTV did not interview DA Ozanne but if he lives up to the above statement, he would be working with the Innocence Project to review the case against Brummer, and with new DNA evidence free her.

Any decent human being ought to hope for justice; Penny Brummer can only pray and wait.

Politics Is Local; Wisconsin GOP Politics Remain Corrupt

Fitchburg, Wisconsin alder,
Dorothy Krause beats back
a racist whisper campaign

Updated - Unofficial Turnout 19.3 percent for April 2 Wisconsin Election -
No major surprises in Wisconsin outside of a longtime Madison alder getting beat on the near-west side by progressive newcomer, John Strasser.

Overwhelming money again bought a GOP Supreme Court justice reelection.

Progressive politics continues to dominate in Dane County, Wisconsin.

In Fitchburg, Wisconsin alder, Dorothy Krause, handily beat back a challenge that featured a racist, whisper campaign from some involved in a neighborhood association who tried to divide minority and young voters from the community.

Not sure folks can use neighborhood associations that way in electoral campaigns, I know they ought not.

That racist campaign lost. As a 93-year-old black man, named Percy, said to me, "I was here again to cast my vote again, sir," as he waited for a cab. I asked him if he wanted a chair [state law allows election inspectors to make reasonable accommodations], and he said he was fine

His dignity did our election night proud.

Alder Krause won by knocking on doors and talking to people, even renters and minorities. "Everyone in my district counts," Krause told me over the weekend.

Our sitting corrupt, GOP justice—aided by the Wisconsin Club for Growth and the Wisconsin Manufactures and Commerce's spending $100,000s—won by vastly outspending her opponent, Ed Fallone in a low voter turnout affair.

With 99 percent of precincts reporting, Justice Pat Roggensack had 478,420 votes to Fallone's 355,591 votes.

Compare those totals to Wisconsin's second-in-the-nation turnout (some 72 percent) in the 2012 presidential general election:  1,620,985 votes (Obama-Biden) to 1,407,966 votes (Romney-Ryan), and every serious political observer sees why an unscrupulous GOP wants to obstruct voters from voting.

President Obama's total vote alone was almost twice that of the Roggensack-Fallone race total vote combined.

Don't look for Roggensack to recuse herself from cases involving the two groups [Wisconsin Club for Growth and the Wisconsin Manufactures and Commerce]; they put her back into office and Roggensack serves for their purposes and that of the Republican Party.

Tony Evers, Wisconsin State School Superintendent, beat a Republican, anti-public school whack whom even some Republicans were reportedly embarrassed to have in the rightwing, gerrymandered state assembly.

In Dane County, Rhonda Lanford beat a Scott Walker-appointed judge (thought well of by many Democrats) who was perceived as cozying up too much with Walker by spouting Republican judicial pablum in her application for the job.