Exonerees hope to find strength in numbers
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.”
Putting broken lives back together
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.”
Families Of Crandon Victims File Wrongful Death Lawsuit
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.
Lawsuit filed by Crandon shooting victim, parents
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.
Lawsuit rejected in case of priest who killed two
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.
Lawsuit rejected in case of priest who killed two
By Chuck Rupnow
Leader-Telegram staff
A Wisconsin 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. This is a case worked by a qualified Wisconsin wrongful death lawyer.
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.
Lawsuit rejected in case of priest who killed two
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."
Lawsuit rejected in case of priest who killed two
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.
Do we support those the justice system fails?
Driving around the other day, I was listening to a news story on the radio about the lack of support exonerated inmates receive in Michigan once they are released from prison.
I was struck by the stories of several individuals who were released and left to languish, despite the fact that they had spent as much as 26 years in prison for crimes they did not commit.
The story also sparked a question in my mind – what do we do in Wisconsin?
It turns out that Wisconsin is one of 25 states that does allow for possible compensation for exonerees, according to figures from the national Innocence Project. However, the level of compensation is the lowest among the states providing compensation.
Exonerated prisoners can petition a claims board seeking $5,000 per year up to a total of $25,000. In order to receive compensation, they must prove their innocence to the board with clear and convincing evidence.
Keith Findley, who runs the Wisconsin Innocence Project, characterized compensation as “woefully inadequate.” He also said the process puts a “high burden” on the exonerated prisoner, who may not have the wherewithal to make it through the claims process.
By comparison, exonerated prisoners in Louisiana are eligible for $15,000 year for each year of wrongful incarceration. The total amount of compensation is capped at $150,000. However, their support goes beyond money, so that courts may also award: money for job training for one year, medical and counseling services for three years, tuition expenses at a community college or the state university system.
Inmate gets 4 to 7 more years
WORCESTER— A jail inmate found guilty of manslaughter in the death of his cellmate three years ago was sentenced yesterday to 4 to 7 years’ imprisonment.
Dennis R. Hadley, 52, was charged with murder and assault and battery with a dangerous weapon (shod foot) in the Feb. 23, 2005, death of 42-year-old Daniel McMullen after an altercation in the cell the two men shared at the Worcester County Jail and House of Correction in West Boylston.
A 12-member Worcester Superior Court jury convicted Mr. Hadley of involuntary manslaughter Thursday in the death of Mr. McMullen and acquitted him on the charge of assault and battery with a dangerous weapon.
Judge Peter W. Agnes Jr. sentenced Mr. Hadley to 4 to 7 years in state prison yesterday. Assistant District Attorney Joseph T. Moriarty Jr. recommended a sentence of 12 to 15 years and Mr. Hadley’s lawyer, Margaret R. Guzman, proposed a sentence of time served or a 3- to 4-year prison term for her client.
Mr. McMullen, formerly of Douglas, died from complications of a ruptured spleen caused by blunt trauma, according to a medical examiner’s findings. Prosecutors alleged that Mr. Hadley, while wearing boots, kicked Mr. McMullen in the face and abdomen on the morning of Feb. 3, 2005, after an argument in their cell over a deck of playing cards.
Mr. Hadley, formerly of Rhode Island, told jail officials he pushed Mr. McMullen down after his cellmate poked him in the eye with his finger. He denied kicking Mr. McMullen.
Mr. McMullen, who was serving a sentence for a probation violation on a drunken driving charge at the time, suffered from advanced cirrhosis of the liver and an enlarged spleen, according to testimony at Mr. Hadley’s trial. He was initially treated at St. Vincent Hospital for a cut lip on the morning of the altercation and was returned to the jail. About 15 hours later, he was brought back to the hospital complaining of abdominal pain.
He was admitted at that time after diagnostic tests revealed internal bleeding from a torn spleen. Mr. McMullen developed pneumonia and an infection while hospitalized, lapsed into a coma and died.
Before imposing the 4- to 7-year sentence yesterday, Judge Agnes rejected a suggestion by James Mahoney, the victim’s brother-in-law, that Mr. McMullen’s death was attributable to “a total system failure” at the county jail. Mr. Mahoney said his family believed overcrowding and understaffing at the jail were as much, if not more, to blame for the death of their loved one than Mr. Hadley’s actions.