http://www.frontpagemilwaukee.com/site/Viewer.aspx?iid=1069&mname=ArticleGroup Courts en-us 60 By Rachel Huyink June 15, 2008 Milwaukee County dismissed more than one third of its criminal court cases in the past three years, ranking seventh out of 72 Wisconsin counties, a Frontpage Milwaukee investigation found. However, the state’s largest county didn’t regularly hatch deals with defendants. In fact, it was one of the least likely counties in the state to settle cases through stipulation and plea bargaining. Thirty-five percent of Milwaukee County’s criminal cases were disposed through plea bargaining the last three years, ranking among the lowest in the state. Shawano County had the highest ranking with more than 90 percent of its criminal cases disposed through plea bargaining. Over half of all of Pepin County’s criminal cases were settled through plea bargaining, giving it the lowest rank. “This doesn’t necessarily surprise me because we have a much lower case load,” said Pepin County District Attorney Jon Seifert. Over the past three years, the Wisconsin Circuit Court system had an average of 1 percent of its disposed criminal cases going to a jury trial or court. To find out what’s really happening in the Wisconsin Circuit Court System, the team uncovered that most criminal cases aren’t going to trial statewide. But why does this matter? Because it’s important to know how the criminal justice system works. Matt Schell, a 25-year-old sophomore at UW-Milwaukee, guessed that 35 percent of disposed criminal cases statewide go to trial. His reasoning, “just a wild guess,” said Schell. A conservation and environmental science major at UW-Milwaukee thought 15 percent go to a jury trial or court. “I think it’s a low amount,” said Heather Hansen, crediting previous criminal justice classes for her low guess. The FrontPage Milwaukee investigative reporters over a four- month period reviewed more than 200 pages of dismissed criminal case data from 2005-2007 for Milwaukee County, creating spreadsheets to study the data. Disposition summary sheets over the past three years were also comprised and studied to find out which counties were taking its criminal cases to trial and which were not. The disposed criminal cases in Milwaukee County that were looked at came from drug and felony courts. The Milwaukee County investigation found cases involving: Guns These cases involved: • carrying a concealed weapon • possession of a firearm by a felon • possession of a short-barreled shotgun rifle • reckless use of a firearm • transfer of handguns in which the buyer provides false information These cases were settled: • through plea agreements • dismissed because there isn’t enough probable cause • the defendant was already indicted on federal charges • the reason for dismissal isn’t listed Drugs The most common drug cases involved: • defendants accused of manufacturing/delivering or in possession of THC, cocaine or heroin These cases were dismissed: • because of the unavailability of a witness • the defendant was already indicted on federal charges • because of a plea negotiation • the state was unable to provide probable cause • or the defendant was deceased Sex Offenses These cases involved: • sex offenders failing to register or providing information • first degree sexual assault of a child • child abuse, incest with a child • repeated sexual assault of a child These cases were settled because: • of a plea agreement • dismissed because the state’s witness was unavailable • the jury found the defendant not guilty • the state couldn’t proceed because it couldn’t prove beyond a reasonable doubt Milwaukee County It’s a dreary spring morning and inside the Milwaukee County Courthouse, it’s another day of court for Judge William Brash, III. A glass panel separates the courtroom from the defendants waiting for their case hearing. Seven wood benches covered in graffiti are lined up behind the panel. The judge is seated in the center and casually proceeds with the day’s hearings. Judge Brash begins the morning making sure all parties are present and have the proper documents present in order to proceed. The first case he hears is that of Jimale Laws. It’s hard not to miss Laws sitting in the courtroom dressed in a sunshine yellow jumpsuit. He was here for a reconfinement hearing. Laws pled guilty to armed robbery in the past and was originally sentenced to five years in prison, but only served two. However, he continued to break the law while out on probation. The defense speaks of Laws’ troubled history. Laws, sitting with his head down, listens as his lawyer exposes painful experiences he had growing up. As a four-year-old boy he watched his mother get beaten to death. In high school, going with the “wrong crowd” led Laws down a path of drugs and violence that he didn’t want to take. He already spent two years in prison for wrongful decisions made in the past and was in court to ask for another chance, saying he learned his lesson. The state asks the judge to impose the maximum time Laws could get for his charges. It’s difficult not to pity Laws, but Judge Brash has already made his mind up. In life there are rules, according to Brash. Everyone has to live by them. “I do, your attorney does . . . if you break the rules you have to deal with the consequences,” said Brash. Judge Brash sentenced Laws to two years in prison. It’s just another day in court in Milwaukee County. Over the three year period, Milwaukee County dismissed 35 percent of its disposed criminal cases ranking seventh out of the 72 counties. Most drug cases will have a post charge dismissal if the defendant goes to treatment courses, according to the director of the trial division for Wisconsin’s state public defenders Mike Tobin. But he doesn’t believe weapon cases get dismissed so easily. “I wouldn’t expect a lot of those to be outright dismissed,” said Tobin. That would only happen if there were multiple charges against the defendant or the prosecution’s evidence is weak. A felon possessing a firearm can result in a prison sentence, and a misdemeanor for carrying a concealed weapon could get you nine months in prison, according to Tobin. Milwaukee County settled 35 percent of its disposed criminal cases through plea bargaining and had an average of 2 percent of its criminal cases going to a jury trial or court. “It logistically wouldn’t be possible,” said Kent Lovern, a supervisor in the Milwaukee County district attorney’s office. Thousands of cases move through the circuit court system every year and Lovern doesn’t believe it’s necessarily bad if the goal of the prosecutor is to settle the case through plea bargaining rather than going to court and dragging it out in a jury trial. Trials Out of the 2,345 disposed criminal cases that went through Adams County, from 2005-2007, less than 1 percent of them went to a jury trial or court. Chippewa, Douglas, Green Lake, Iowa, Lafayette, Sawyer and Washburn County also had less than 1 percent of its disposed criminal cases go to jury trial or court. Out of the top 10 counties with the largest caseloads, Milwaukee County took the most criminal cases to trial. Brown, Dane, Kenosha, Marathon, Outagmie, Racine, Rock, Waukesha and Winnebago County each had around 1 percent of its disposed criminal cases go to trial. Out of all 72 counties, Crawford County had the highest percentage of disposed criminal cases go to trial from 2005-2007, at 5 percent. “No kidding, that does not surprise me,” said Crawford County Public Defender Rose Oliveto. Because Crawford County handles plea agreements differently than other counties, more cases end up going to trial, according to Oliveto. Oliveto says the numbers reflect how the district attorney interacts with defendants. Plea Bargains Unlike other counties, Crawford County’s District Attorney, Timothy Baxter, doesn’t make plea bargain recommendations for the defendant. Judge Michael T. Kirchman will not accept a plea agreement if it’s recommended by the state, reasoning if the state gives a recommendation that a defendant perceives as “soft,” they might plead guilty to a crime they didn’t commit to avoid looking bad to the public, said Kirchman. And some district attorneys will “over charge” the defendant, said Baxter. But he tries not to follow that habit so it “doesn’t look like things are getting plea bargained away,” said Baxter. This doesn’t necessarily matter if the defendant has a strong defense, but if they have a weak defense, or no defense, there’s more of a chance of the case going to trial and the defendant getting convicted and sentenced, according to Oliveto. “Pleading without knowing the recommendation of the district attorney. . . . in that situation . . . you’ll more than likely go to trial,” said Oliveto. Shawano County settled the most disposed criminal cases, more than 90 percent, through plea bargaining. Shawano County District Attorney Gregory Parker was contacted for comment, but his current work on an attempted homicide case has prevented him from making a statement. Pepin County had the least number to disposed criminal cases settled through plea bargaining, only 56 percent of its cases over the three year period. Seifert describes his district attorney duties as a part-time job, saying the light case load and available resources allows him to look at each case individually to see what’s best for the particular case compared to Milwaukee County and large urban offices which receive thousands of criminal cases and don’t have near enough resources to put that much time into a case. “Pepin County is a little county. It’s the second or third smallest county by population and the smallest county geographically,” said Seifert. Seifert spent the last 13 years as Pepin County’s district attorney, also working at a private practice. Pepin County gets the same types of cases as metropolitan cities, just fewer of them, said Seifert. Dismissed Cases When a case is dismissed, the public assumes that it can’t be proven, but that couldn’t be farther from the truth, said Baxter. From 2005-2007, Shawano County dismissed the least disposed criminal cases. Around 6 percent of its 4,866 cases were dismissed. Iron County dismissed over 40 percent of its disposed criminal cases over the three year period, giving it the highest ranking. “That’s pretty standard. I’m not too worried about it,” said Iron County District Attorney Martin J. Lispke. Lispke said most of the cases he sees have to do with worthless checks in which the county makes the defendant pay a charge and the case is dismissed. Sometimes a case gets dismissed because there’s no proof. “We can’t bring the charges if we can’t prove it,” said Baxter. Milwaukee County charged Mathew Eric Kuklinski with possession of narcotic drugs in July of 2006. The court found probable cause and the case was originally set for trial. Kuklinski pled not guilty and a preliminary hearing was waived. After the case was adjourned multiple times for status conferences, the state informed the court that the defendant had a legal medical prescription for the Oxycodone he was in possession of. The state moves to dismiss the case, the defense doesn’t object. The case was dismissed. However, some of these cases are dismissed as a diversion tactic, according to Baxter. If the case is a drug case, it will be diverted and dismissed in court if the defendant agrees to go to a treatment program. The courts won’t charge someone if they seek treatment. Prosecutors give priority to cases that are ready to move forward, according to Thomas Reed, the first assistant in the office for the trial division for state public defenders in Milwaukee. Missing information or witnesses are causes for dismissal. There are three factors that influence dismissal and trial rates, said Reed. The prosecution could be in “disarray” or weak so cases get dismissed and few go to trial. Or, the prosecution is strong and the defense is weak and always caving in. “Or maybe it’s just a really great system that’s doing what it’s supposed to be doing,” said Reed. Mon, 16 Jun 2008 09:58:00 CST http://www.frontpagemilwaukee.com/site/Viewer.aspx?iid=17891&mname=Article http://www.frontpagemilwaukee.com/site/Viewer.aspx?iid=17891&mname=Article