Tuesday State News Briefs: Appeals court overturns judge's ruling in upcoming homicide trial

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MILWAUKEE - A state appeals court said a Milwaukee judge was wrong to prevent a woman from testifying in a man’s upcoming homicide trial.

The First District Court of Appeals ruled today that Arnetta Childress should be allowed to testify at the February 18th trial of Alexander Wiley. He’s charged with reckless homicide and three counts of reckless endangerment in the shooting death of Darrin Moore in 2011. Childress told authorities she was near the shooting scene – and she recognized Wiley as one of two men who were firing their guns at Moore. Milwaukee County Circuit Judge Richard Sankovitz said Childress might not be familiar enough with the 28-year-old Wiley to identify him in court – but the appellate court said she’s known Wiley for years. A pre-trial hearing in the case is set for January 18th.

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Wisconsin’s version of C-SPAN will remain on the state’s cable-and-satellite TV systems for at least six more years. Wisconsin Eye has announced a new contract to televise gavel-to-gavel proceedings of both the state Assembly and Senate – plus various other state government proceedings and events. Network president Jon Henkes said his group is grateful to continue a service it’s been providing for the last five years. Wisconsin Eye is a non-profit group that’s funded privately, with no tax dollars.

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Will you wear an Aaron Rodgers jersey tomorrow? Some bosses will let their employees wear the green-and-gold No. 12, as part of Wisconsin’s official observance of Aaron Rodgers Day – the date of which is 12-12-12. The state Legislature designated the special day earlier this year, to honor the NFL’s most valuable player from last season and the MVP of the Super Bowl XLV. Some groups are urging 12-dollar donations to one of Rodgers’ favorite charities, the Midwest Athletes Against Childhood Cancer. Also, a mall in Green Bay is offering special deals – like a 20-dollar Rodgers jersey for 12-bucks. Green Bay’s last Super Bowl-winning quarterback, Brett Favre, never had a special day on 4-4-of-2004. But he didn’t have an advocate like Jennifer Brilowski of Stevens Point. She came up with the idea of honoring Rodgers tomorrow – and she kept promoting it on Facebook and convinced lawmakers to pass a resolution.

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Milwaukee’s Fire-and-Police Commission has changed its mind about not firing an officer who punched a woman in the face while she was handcuffed. The panel unanimously decided to terminate Richard Schoen, after elected officials and a number of citizens questioned the commission’s earlier vote in favor of a 60-day suspension. Police Chief Ed Flynn originally made the decision to fire Schoen, who assaulted Jeanine Tracy in September of last year. She got into an argument with the officer after she was stopped for a traffic violation – and a squad car video showed Tracy spitting-and-swearing before Schoen punched her, dragged her out of the car, and hit her stomach with his knee after she landed on the floor of a police garage. The fire-and-police review panel voted 2-to-1 last week to overturn the chief’s decision to fire Schoen. But a final written order was never prepared – and it paved the way for the commission’s new reversal. Schoen’s attorney said the commission was required to uphold the 60-day suspension, even though it was never finalized in writing.

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As lawmakers in Michigan consider a right-to-work law today, at least one Wisconsin leader says there are no plans for the Badger State to follow suit. A spokeswoman for incoming Assembly Speaker Robin Vos says the lower house will not pursue a right-to-work bill in the next two-year session which begins in January. Critics say right-to-work laws are designed to make private-sector unions weaker, by not requiring employees to either join a company’s union or pay union dues to get similar benefits. Vos spokeswoman Kit Beyer says the right-to-work folder has been quote, “put away.” But Senate GOP Majority Leader Scott Fitzgerald of Juneau and Governor Scott Walker refused to close the door. Walker spokeswoman Jocelyn Webster says the Republican governor is focused on other things – and she’s not commenting on the right-to-work issue. A spokesman for Fitzgerald wouldn’t talk about it, either. Dozens of Wisconsin union supporters were planning to go to Michigan to protest the right-to-work proposal for that state. But unlike the pro-union protests of 2011, they won’t be able to camp out in the Capitol building at Lansing. A Michigan State Police inspector said overnight camping would not be allowed.

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It was not all that long ago when Wisconsin’s only heroin deaths were in the Milwaukee area. But Marathon County – where Wausau is located – has had three confirmed deaths this year from overdoses of heroin. And lab results are pending in a fourth case. County medical examiner John Larson said there were also three heroin deaths in 2011 – and he could only remember two other such deaths in 26 years. Yesterday, Marathon County Circuit Judge Mike Moran said he refused to write off heroin as a sign-of-the-times, when he gave a 15-year prison sentence to a man convicted on seven charges related to heroin-and-cocaine, plus a count of bail jumping. 27-year-old Tyshun Meeks of Chicago pleaded no contest to the eight charges. And he asked that a jury try him on his two remaining charges of reckless homicide and delivering heroin. The next hearing in that case is set for December 21st. Judge Moran said he was especially troubled to see that Meeks kept selling heroin after Selves died. Prosecutor Lance Leonhart said the death was actually good for Meeks’ business – because it showed how potent the drug was. Defense lawyer Shawn Paul wanted only probation for Meeks, saying it was necessary for him to sell drugs because his seventh-grade education gave him few options to make a living. Judge Moran disagreed, saying that Meeks’ business acumen showed that he could have succeeded in other lines of work.

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Classes have resumed at Wisconsin Valley Lutheran High School in Mosinee, where students were off last week due to a broken water line on December first. It caused thousands-of-dollars in damage to the building, furnishings, computers, and other teaching materials. Administrative assistant Jamie Wehrs said many of the damaged items are being replaced – and the repairs and the new items are being furnished by a combination of insurance, families of students, and help by the community. On the Monday after the incident, 50 of the school’s 60 students showed up to help remove damaged items. Wehrs said the youngsters and their families provided lots of help as the week went on.

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There’s a new delay in the case of a central Wisconsin man charged with hiding his mother’s death for over 30 years, and cashing her Social Security checks that kept coming. At a pre-trial conference yesterday, defense lawyer Troy Nielson said he learned that one of the prosecution’s witnesses is also represented by his office. So Portage County Circuit Judge Thomas Flugaur allowed Nielson to withdraw. He was representing 66-year-old Charles Jost of Amherst, who’s charged with theft, forgery, mail fraud, and illegally using somebody else’s personal documents. Jost and his new lawyer are due back in court January second. His sister, Delores Disher, and her husband Ronald are also charged in the alleged scheme. Authorities said it netted them $175,000 in Social Security checks to Marie Jost after she died. Pre-trial hearings for the other two defendants were also delayed due to a concern involving the witness in question.

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Wisconsin employers will add workers at a slower pace than the nation as a whole during the first three months of next year. Milwaukee’s Manpower Incorporated says five-percent more companies plan to add employees than those planning layoffs in January, February, and March. The state’s increase is below the national increase of nine-percent. Manpower’s Mary Ann Lasky says optimism continues to improve among those who make the hiring decisions – but Wisconsin firms are quote, “slightly less optimistic” about their hiring plans. In Metro Milwaukee, six-percent more companies are planning job expansions than layoffs. That’s down from 12-percent more in the current October-through-December quarter. Manpower surveyed 18-thousand employers nationally. Seventeen-percent expect to add jobs in the next quarter. Eight-percent are planning layoffs. That’s a nine-percent difference – the largest since the fall of 2008, when the Great Recession began in earnest.

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School officials in Kimberly will meet today with the family of Charlie Knuth, to discuss the possibility of getting him re-enrolled there. The six-year-old boy has been hospitalized for months in Minneapolis, where he received a second stem cell transplant in July to treat a rare skin disease known as E-B. Charlie’s family lives at Darboy in the Kaukauna School District. He was taking classes at Kimberly as part of the state’s open enrollment program – but he lost his place there during the time he was hospitalized. His mother met with the Kimberly School Board last night. And Superintendent Bob Mayfield told WLUK-TV in Green Bay that he wanted Charlie to return – but he had to follow the state’s enrollment rules. Still, Mayfield said there’s an exception that could be explored – and he’ll discuss it with the family today. This is not the first time that Charlie’s had to face bureaucratic red tape. State Medicaid officials had refused to pay for his initial operation, calling it an experimental treatment. But the state changed its mind after officials that included former Congressman Steve Kagen went to bat for the youngster.

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Police in Whitewater have suspended their investigation into an assault on a son of state Senate Republican Neal Kedzie of Elkhorn. The lawmaker said his 22-year-old son Sean confronted two men taking down a Mitt Romney yard sign at the height of the presidential race in October. Police said Kedzie and other witnesses could not identify the same suspect for one of the attackers. Officers were told that Sean Kedzie was wrestled to the ground by the two men – and they struck him in the face and head as they choked him. Police quoted the victim as saying it was “for the best” that the investigation be suspended. It will be re-opened if police find new evidence – or if Kedzie asks that it be re-opened.

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The state elections’ agency says it would cost millions-of-dollars to eliminate voter registrations at the polls on Election Day. The Government Accountability Board says it would cost that agency five-point-two million dollars once the change is made – and almost another two-million every two years after that. That’s because the same-day registration exempts Wisconsin from federal voter registration laws. If the state system is eliminated, Reid Magney says the Accountability Board would have to send federally-required mailings to voters. And he says same-day registration would not be totally eliminated – because the federal law would still let Wisconsinites register their name-and-address changes at the polls if they had not moved to a new community. It’s also been reported that Wisconsin would have to adopt a “motor-voter” system, in which people can register at other offices when they apply for a driver’s license or public benefits. Magney says his report does not include what other agencies might have to spend – but that information’s coming. Governor Scott Walker has said he wants to see an end to Wisconsin’s 36-year-old policy of same-day voter registrations – and two GOP lawmakers are seeking sponsors for a bill to make the change.

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A number of Wisconsinites got burned last Christmas, when phony tax preparers offered them holiday loans in exchange for their business. This year, state consumer protection officials hope to put out advance warnings about those types of scams. And they’re asking people to report suspicious sales pitches, in the hopes of keeping victims to a minimum. Consumer official Sandy Chalmers says she knows it’s too early to be thinking about taxes – but it was this time last year when folks got scammed. Some who offered quick holiday cash charged exorbitant fees – up to $600 for filling out a 1040-EZ return that many people can quickly-and-easily do themselves. And for some thieves, it’s a gift that keeps on giving – because many scammers fill out the tax returns and take the refunds. And Chalmers says they’ll sometimes use the customer’s personal information to commit other types of identity theft. The IRS says six-of-every-10 taxpayers use paid professionals to complete their returns – and Chalmers says some will pop up in low-income areas and prey on those people. She said folks can look for a number of red flags – like those who promise refunds which are larger-than-normal, or charge percentages of refunds as preparation fees. The consumer agency says it’s working with the state Justice Department to investigate problems.

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A 20-year-old Waukesha County woman will spend just over seven years in prison for providing the heroin that killed a long-time friend from Hartland. Kandice Essmann of Oconomowoc must also spend seven years under extended supervision once she’s no longer behind bars. Authorities said Essmann bought heroin for her and Dustin Williams in July of last year, and they took the drug at his house. After she left, authorities said she dumped the needles along a roadside. Essmann pleaded no contest in October to reckless homicide. Waukesha County Circuit Judge William Domina sentenced her to eight years in prison – but she was given credit for 220 days she spent in jail during her court case.

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Wisconsin has suffered a big loss in the amount of money it gets from federal contracts. The Wisconsin Procurement Institute said the state’s businesses received $3.4 billion dollars in federal contracts in the last fiscal year which ended September 30th. That’s down a whopping 52-percent from the $7.2 billion they received in fiscal 2011. As a result, Wisconsin is now 28th among the 50 states in the amount it receives in federal contracts – down from 22nd the previous year. A major reason for the drop is that the war in Afghanistan is winding down. Preliminary figures show that the Army spent 75-percent in the Badger State this year than last. The Oshkosh Corporation, famous for its military vehicles, saw its federal business drop from about seven-billion in 2010 to just under four-billion this past year. Aina Vilumsons, who heads the Procurement Institute, said the final figures for 2012 could go a little higher once all the agencies report their contracts. But she said the overall decline will not change – and more cuts appear to be on the way, as Congress keeps slashing the federal budget. The numbers of Wisconsin firms getting federal contracts dropped from about 2,950 last year to just under 2,400 in fiscal 2012.

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Smoking is at an all-time low by Wisconsin’s middle-and-high school youngsters. That’s according to an annual survey released yesterday by two state agencies. Thirteen-percent of high school students say they’ve smoked cigarettes – and two-and-a-half percent of middle school youngsters also admit to it. That’s down from the previous survey in 2010, which showed that five-percent more high school students smoked, as did one-and-a-half percent more middle schoolers. The new numbers come from the 2012 Wisconsin Youth Tobacco Survey conducted by the state departments of Public Instruction and Health Services. It shows that the numbers of smokers are way down from 2000 – when 33-percent of high school youngsters admitted smoking, along with 12-percent of middle school students. The Campaign for Tobacco-Free Kids says there’s been a welcome decline – and it means that about 200,000 fewer Wisconsin children will become smokers as adults.

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Marquette University law professor Ed Fallone has become the third person to announce his candidacy for the Wisconsin Supreme Court next spring. Fallone said promises to be fair and impartial if he’s elected – and he says he’s running at the request of people around the state who believe the Supreme Court is dysfunctional. Incumbent Justice Pat Roggensack plans to seek another 10-year term on the state’s highest court. Milwaukee Lemon Law attorney Vince Megna is also running. Dane County Circuit Judge Maryann Sumi has also said she’s considering a bid. If three or more candidates file enough valid nominating signatures to get their names on the ballot, a primary will be held in mid-February. The two top vote-getters would then advance to the general election in April.

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Around 100 people picketed outside the Milwaukee offices of Wisconsin’s two U.S. senators today. Wisconsin Citizen Action and several other groups organized the protest, to urge federal lawmakers to avoid falling off the fiscal cliff on mandatory tax hikes and spending cuts. About 100 similar rallies were planned throughout Wisconsin and the nation, urging members of Congress to raise taxes on the wealthy, and preserve entitlement programs like Social Security and Medicare. The Reverend Willie Brisco of a Milwaukee inner-city church group said the elections are over – and it’s time to stop the rhetoric and solve America’s fiscal problems. The group had to stay outside, and could not directly reach the offices of Senate Democrat Herb Kohl and Republican Ron Johnson. A Johnson aide came out to accept the group’s letter. Kohl’s office said the group should have been allowed inside as a matter of policy – but there was a mis-communication among security personnel.

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Madison police say they could soon make a fourth arrest in connection with the assault last August on Wisconsin Badgers running back Montee Ball. Detectives working the case expect to make the arrest soon, maybe today. When Ball was attacked on University Avenue witnesses told police there were five attackers. Subsequent interviews have determined there wasn’t a fifth suspect. Ball suffered a concussion and missing some preseason sessions, but bounced back to set an all-time record for touchdowns, winning the prestigious Doak Walker Award last week. One of the suspects has reached a plea agreement with prosecutors. Two others are scheduled to go on trial a week from today.

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In its first three years of operation, E-Cycle, Wisconsin’s electronics recycling program, has collected nearly 100 million pounds of unwanted electronics – banned TVs, old computers, stereos and other items. Due to the possibility those items could contain harmful materials, consumers are encouraged to dispose of them responsibly. There are more than 400 electronics collection sites in the state. Nearly all of the metal, plastic and other materials in electronics can be separated and recycled into new, usable products – rather than being dump in a landfill.

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Police say a suspected drunk driver they stopped early yesterday was having a hard time driving. Not only do they think she was impaired, she also couldn’t see because the air bags had deployed in her car. Twenty-six year old Kelly Rodger of Madison faces several charges. She was initially pulled over for speeding, but then she tried to get away. Officers say she ran a red light, drove over two curbed embankments and, at some point, activated the side airbags. An officer reached around the airbag and pulled Rodger from the car.

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An airline industry consultant says Milwaukee’s major airport should have a more regional name as it tries to draw passengers from a wider area. Jay Sorensen of the Idea-Works Company in Shorewood tells the Journal Sentinel that the name Mitchell International should be scrapped – and the airport should include northern Illinois in its name as it tries to attract more business from Chicago. Sorensen said he knows that folks in Wisconsin will have a big issue with his idea but quote, “It’s the kind of elephant in the room that needs to be talked about.” Mitchell promotes its lower fares and more convenience in urging travelers to fly to Milwaukee instead of the congested O’Hare Airport in Chicago. Pat Rowe of Mitchell International says a market study would have to justify any name change to Milwaukee’s airport – and she said it would not be easy to add Northern Illinois to its name, considering the debate generated when the name “Mitchell Field” was changed to “Mitchell International.” Milwaukee County owns the airport, and Tim Sheehy of the Metro Milwaukee Association of Commerce says the welcome signs at the airport should at least mention the Milwaukee area – and not just the county as they do now.

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Authorities in Sauk County said alcohol was an apparent factor in a one-car crash that killed a man from Baraboo. 28-year-old David Saunders died at the scene of the mishap, which occurred early yesterday morning on a county road in the town of Fairfield. Sheriff’s deputies said the vehicle lost control on a curve, hit a group of mailboxes, and came to rest in a yard. Officials said Saunders was wearing a seat-belt.

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Racine County expects to save $100,000 a year by having civilian personnel keep an eye on the jail inmates. It used to be that sworn sergeants were the only ones to staff the jail, with salaries beginning at $75,000 dollars a year. But to save money, Racine County started using civilian sergeants who are trained mainly in a correctional environment. Starting next year, all nine of the Racine County Jail sergeants will be civilians – and their starting pay will be about half of what it used to be for the sworn officers, at around $37,000 The bosses will still be sworn officers, though. The jail will continue to have a pair of sworn lieutenants as supervisors, along with a sworn captain.

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Those who are owed money in the Milwaukee Archdiocese bankruptcy case will not get their hands on $35-million in parish investment funds. Federal Bankruptcy Judge Susan Kelley said it was “fishy” that the Catholic Archdiocese transferred the funds to other accounts back in 2005, at a time when it was being sued for sexual abuse by its priests. But Kelley ruled yesterday that the Archdiocese never owned the money – and its 200 parishes either took the funds back or invested them in good faith. As a result, Kelley said the creditors could probably not recover the 35-million even if they could. It’s the second major victory for the Archdiocese in the bankruptcy case it filed almost two years ago. Last week, Judge Kelley said the creditors could not touch the assets of the parishes themselves. The committee for the creditors is expected to appeal the latest ruling. The creditors include almost 575 people who claim they were sexually abused by priests in Milwaukee Archdiocese – plus the pension and health care funds in the archdiocese.

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A Milwaukee man was shot-and-killed while sitting in his parked car early yesterday – and police were still looking for a known suspect at last word. Officials said 37-year-old Eddie Taylor was murdered while arguing with somebody he knew – and it was not a random act of violence. It happened on a major business street on Milwaukee’s north side.

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Authorities in Oshkosh are still investigating a weekend fire that killed a 56-year-old woman. The victim was identified this morning as Randi Shaw. The Winnebago County coroner’s office said she died from smoke inhalation. Oshkosh fire-fighters were called to her home early Saturday morning, when they discovered flames and heavy smoke coming from the second floor. That’s where her body was found – and a dog was also killed.

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A homeless man from Green Bay is expected to be sentenced in January, after he pleaded guilty to reckless homicide in the death of a man who over-dosed on heroin. 22-year-old Richard Kellogg admitted providing the drugs that killed 29-year-old Joshua Olson of De Pere. They met at a rehab center. According to prosecutors, Olson and Kellogg were starting to take heroin at Olson’s home when the host collapsed a couple minutes after getting started. Kellogg reportedly told police that Olson couldn’t handle the drug.

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