1Exonerees hope to find strength in numbers
21 October 2008
The Wisconsin Innocence Project (WIP) does not offer formalized services to exonerees, because that’s not its area of training or expertise.
“But it depends on the individual case,” says WIP co-director, Professor Keith A. Findley.
“We do what we can. We don’t want to be like the rest of the system, and just say, ‘Good luck. Have a great life.’”
In the legal arena, the WIP has attempted to helped exonerees obtain health insurance, in addition to handling appeals of public-housing denials. But it doesn’t represent exonerees in civil wrongful-conviction lawsuits or before the Claims Board. They’ve also organized fundraisers for individuals.
Mary C. Delaney and Sheila Sullivan were law students who worked on Evan Zimmerman’s case with the WIP. Zimmerman was freed in 2005 after three years in prison for a murder he did not commit. Post-exoneration, he was unable to find employment or get health insurance. He died in 2007.
Since Delaney and Sullivan graduated, they’ve continued to volunteer for the WIP. Among their current projects is the organization of the Wisconsin Exonoree Network, or WEN, earlier this year. So far, it has brought together about 20 persons, exonerees and those who want to help them, such as lawyers, mental health professionals and social workers.
They’ve had two in-person meetings.
The idea had been discussed prior to Zimmerman’s death, and it came from the exonerees themselves, says Sullivan. Some of them have gotten involved in national exonoree networks, such as the Life After Exoneration Program (Exonerated.org), based in Berkeley, Calif. They proposed setting up a similar, local group. Many of them knew Zimmerman, and they’re getting together to honor his memory, and to effect positive change in his name.
While WEN’s goals are just being established, so far, providing support is a top priority.
The exonerees can share experiences, problem-solve and just empathize with one another. Also, they can meet professionals willing to serve them, pro bono. Sullivan hopes that, the more the word gets out about WEN, the more volunteers there will be, in locales other than just Milwaukee and Madison. Also, the more the word gets out, perhaps more exonerees will come forward. Some wrongly convicted people are freed without the WIP’s help, but there’s really no way of identifying them.
The group is also exploring the possibility of applying for grant dollars from public and private sources, says Delaney, to help the exonerees with the most critical needs.
Delaney anticipates that WEN members will get involved in the forthcoming efforts to update Wisconsin’s Compensation for Innocent Convicts statute.
Making that happen will likely require some education of the general public about the serious difficulties exonerees face — and that will be achieved by exonerees telling their stories.
“We want people to think, ‘That could’ve been me,’ and to think about the value of their own lives, and what it what it would mean to them if they lost the years between 20 and 30. When they start to really think about that, that’s when they realize what an irrevocable wound a wrongful conviction is.”
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2Putting broken lives back together
20 October 2008
Mike Piaskowski spent five and a half years behind bars for a crime he didn’t commit.
But even after a federal judge overturned the conviction in 2001 due to insufficient evidence, in many ways Piaskowski is still a prisoner of the criminal justice system that freed him.
Piaskowski was convicted in 1995 of participating with five other men in the 1992 murder of Tom Monfils, who disappeared on the job at a Green Bay paper mill. Monfils’ body was found at the bottom of a two-story vat of wood pulp with a 50-pound weight tied to his neck.
Seven years after his exoneration, Piaskowski recalls how his elation quickly evolved into frustration because of insufficient support from the state after his release.
“I lost everything I worked 46 years of my blue-collar life to achieve,” said Piaskowski, now 59. “And I have received nothing from the state. Zero.”
Like many of the 16 people who have been exonerated in Wisconsin, Piaskowski, who worked 22 years at the same mill where Monfils was killed, still is trying to find his way back to the life he knew before his conviction, with little or no guidance from the state.
Wisconsin statute qualifies people wrongfully convicted of crimes, commonly referred to as exonerees, for up to $25,000 in compensation. While the figure is more than what half of the states in the county offer, which is nothing, it ranks last among the 25 states that offer anything.
In addition, Wisconsin provides no educational, professional or emotional assistance to exonerees — measures which parolees often have available, according to John Dipko, spokesperson for the Wisconsin Department of Corrections.
While the level of service is dependent on the crime, the state often requires people on parole to seek job training or treatment for addiction.
“They are held accountable under our rules of supervision,” said Dipko. “Exonerees are no longer under our jurisdiction so we cannot do those types of things.”
Because of that fact, Piaskowski received little direction once he became a free man.
“The hardest part is not knowing what to do after you are released,” Piaskowski said. “I was happy to be free initially, but then when it finally sinks in, you ask yourself, ‘What can I do?’ and you don’t know where to turn.”
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3Moyle family’s inmate death suit dismissed
19 October 2008
A federal judge has dismissed a wrongful-death lawsuit against Sherburne County filed by the family of a man who was murdered more than two years ago while in the county jail.
U.S. District Court Judge Richard H. Kyle on Wednesday dismissed the claims in federal court, but they could be pursued in state court.
The lawsuit was filed by the family of Carl Moyle, who was beaten to death in August 2006 by a fellow inmate. Moyle had been arrested and brought to the jail on suspicion of driving without insurance.
The lawsuit accused the county, several jail officials and Sheriff Bruce Anderson of not properly assessing the risk inmate Bruce William Christenson posed to others. Christenson pleaded guilty to beating Moyle on Aug. 8, 2006.
Christenson was in the county jail for a pretrial hearing on an accusation that he had used a razor to slash the back of the neck of another inmate at the Minnesota Correctional Facility-St. Cloud while serving a nine-year prison sentence for aggravated robbery. Christenson was moved to the Sherburne jail on the day of Moyle’s death.
The lawsuit claims sheriff’s officials improperly put Christenson in a housing unit for low-risk inmates. But records associated with the federal lawsuit indicate that prison officials at the Department of Corrections didn’t provide any information to the Sherburne County Jail about how dangerous Christenson was or his history of violence in and out of prison. Jail officials had to rely on an intake interview.
At the time the lawsuit was filed, Moyle’s family was seeking $30 million in compensatory and punitive damages.
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4Hillcrest wrongful death suit delayed
18 October 2008
The trial for a wrongful death lawsuit against Hillcrest Family Services has been delayed for the second time because of scheduling conflicts.
The trial is now scheduled for Aug. 11, 2009.
Rodney and Michelle Skadburg, of Mason City, Iowa, brought the suit against Hillcrest after their 16-year-old son, Michael, hanged himself on the Dubuque campus of the treatment center in April 2004. The suit alleged that Hillcrest left Michael Skadburg unattended “in a clearly suicidal state.”
Hillcrest denied the allegation, stating the incident was thoroughly investigated by city, county and state officials and the staff were found to be in compliance with all policies and procedures.
The trial initially was slated for January 2008, but a judge bumped it to September for scheduling conflicts. Originally, if the case weren’t tried by July 2009, it would have been automatically dismissed, according to court procedure. However, a judge waived the automatic dismissal deadline when attorneys had trouble completing all the depositions for the case in time “because of the geographic location of key witnesses,” documents state. Many of the witnesses are now living across the United States.
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5Families Of Crandon Victims File Wrongful Death Lawsuit
17 October 2008
CRANDON, Wis. — The families of the victims of the Crandon murders have filed a wrongful death lawsuit.Six people were shot and killed one year ago by off-duty sheriff’s deputy Tyler Peterson, who later killed himself.Online court records show the lawsuit was filed against the city of Crandon, Forest County, Crandon’s police chief and the Forest County sheriff.
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6Justice or vendetta? Ruling comes 19 years late
16 October 2008
Nineteen years ago, retired car dealer Owen Lynch was gunned down at his North Minneapolis home.
Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger and remains locked up.
But the man accused of putting the gun in Greene’s hand and driving him to Lynch’s house, Patrick Carline, was acquitted of first-degree murder in a later trial, a verdict that hasn’t gotten any easier for Lynch’s oldest son to reconcile.
“You think after time things don’t bother you? It doesn’t go away,” Mark Lynch, the oldest of Lynch’s 12 children, said this week.
A year ago, Mark Lynch, now 64, filed a civil lawsuit in Hennepin County District Court against Carline for his father’s death. The standard of proof in a civil case is lower than the criminal requirement of guilt beyond a reasonable doubt.
In late August, a jury determined that a “preponderance of evidence” showed that Carline “willfully and wrongfully” caused Owen Lynch’s death on Sept. 8, 1989. The jury awarded the Lynch family survivors $300,000 in compensatory damages.
But District Court Judge John McShane reversed a decision he had made earlier in the trial and declined to let the jury consider punitive damages against Carline, who maintains he had nothing to do with the killing.
The Lynch family attorney in the case, Richard Malacko, will ask McShane to reconsider today. If McShane rules against them again, Mark Lynch said he intends to ask the state Court of Appeals for a new trial so a jury can consider punitive damages.
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7Family argues for punishment in man’s death
15 October 2008
In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.
Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline “willfully and wrongfully” caused the death of Lynch.
Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline’s idea.
Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch’s home. Carline, however, was acquitted of murder in a later trial.
A year ago, Lynch’s oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.
District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.
Malacko argued today for a new trial on the issue of punitive damages. Carline still hasn’t been punished and a jury should hear some additional evidence, Malacko said.
McShane asked, “What do you say to deterrence, that punitive damages are supposed to be a deterrent?” He said that Carline hasn’t committed another criminal act.
Malacko said we are a society of laws and people need to know that when they participate in a crime, they will be held accountable. “We need to send a message,” he said.
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8Lawsuit filed by Crandon shooting victim, parents
13 October 2008
CRANDON, Wis. - The lone survivor and parents of four young people killed in a shooting rampage by an off-duty deputy have filed a multimillion dollar civil lawsuit accusing top law enforcement leaders of negligence.
The lawsuit filed in Forest County Circuit Court claims authorities knew Deputy Tyler Peterson, 20, had a history of violence, failed to properly supervise him, gave him too much decision-making responsibility and wrongly gave him access to weapons.
Peterson was also a part-time Crandon policeman, and the lawsuit names Crandon Police Chief John Dennee, Forest County Sheriff Keith Van Cleve and their insurance companies as defendants.
The plaintiffs include the lone survivor, Charlie Neitzel.
Peterson killed his one-time girlfriend Jordanne Murray and five others during a party at her home in Crandon on Oct. 7, 2007. Authorities have said Peterson was angered by the idea that Murray was dating someone else, and when she demanded he leave her home, he retrieved an AR-15 assault rifle he was issued as a member of the Forest County Sheriff’s SWAT team, broke down the door and fired at least 30 shots.
He killed Murray, 18; Bradley Schultz, 20; Lindsey Stahl, 14; Aaron Smith, 20; Lianna Thomas, 18; and Katrina McCorkle, 18. Neitzel, 21, was shot three times but survived by playing dead.
Peterson shot himself hours later after police efforts to get him to surrender failed.
The parents of Schultz, Thomas, Stahl and McCorkle joined Neitzel in the lawsuit.
According to the lawsuit, Dennee and Van Cleve had been warned that Peterson was a “violent person and a danger,” and they knew that Peterson had abused Murray.
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9Lawsuit rejected in case of priest who killed two
11 October 2008
A wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O’Connell would report Erickson’s obsession with young boys, alcohol and firearms to church officials.
The Ellisons’ lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
“We are obviously disappointed,” said attorney Richard Jasperson of St. Paul, who represented the Ellisons in the lawsuit, adding it was premature to discuss appealing the case. “We will do whatever is in the best interest of the Ellisons.”
Attorney Kyle Torvinen of Superior, who represented the diocese, said Tuesday that Lenz’s decision was appropriate and “justice was done, and we’re glad of that. It has been a long road.”
The Ellisons did not participate in a lawsuit filed by O’Connell’s relatives against all 194 U.S. Catholic bishops. That suit demanded names of predatory priests be made public.
Washburn County Judge Eugene Harrington threw that case out earlier this year, saying the Superior diocese can’t be forced to release information about how the church deals with sex abuse by its priests.
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10Minnesota Lawsuit rejected in case of priest who killed two
10 October 2008
A Minnesota wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O’Connell would report Erickson’s obsession with young boys, alcohol and firearms to church officials.
The Ellisons’ Minnesota Wrongful Death lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
“We are obviously disappointed,” said attorney Richard Jasperson of St. Paul, who represented the Ellisons in the lawsuit, adding it was premature to
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