Showing posts with label Honorable Neal P. Nettesheim. Show all posts
Showing posts with label Honorable Neal P. Nettesheim. Show all posts

Friday, August 2, 2013

The Ghost Of John Doe Haunts O'Donnell Park

On June 24, 2010, the unthinkable happened.

In a tragic course of events, a concrete facade fell off o O'Donnell Park fell and landed on top of Jared Kellner, a teenager on his way to the opening day of Summerfest.  The slab killed him instantly.  It also severely injured another boy and amputated part of the leg of the second boy's mother.

Since it was opening day, both Mayor Tom Barrett and then County Executive Scott Walker were at the Summerfest grounds when the tragedy occurred.  Barrett went straight to the site when he was informed of the incident and gave free reign to his police chief.  This is a great example of Barrett's compassion and humanity.

Walker, on the other hand, also revealed his true nature. It was considerably more base than Barrett's:
Within hours of this tragic incident, Milwaukee County Board Chairman Lee Holloway issued a statement remembering the victims and calling for an immediate inspection of all county structures and buildings. Milwaukee County Executive Scott Walker criticized Holloway’s actions and called them “irresponsible.”

[...]

What makes Walker’s accusations even more egregious is that the first thing Walker did was to check in at the courthouse to see if there was any deferred maintenance. At the press conference that occurred shortly after the tragedy, after appropriately expressing his sympathy for the victims, Walker felt it necessary to keep repeating that there was no deferred maintenance that he was aware of. It was as if his first concern was that he didn’t get blamed for this catastrophe.

Regardless of whether this tragedy was caused by poor design, faulty construction, deferred maintenance or something else, the only responsible action would be to inspect all of the county-owned buildings and structures, especially given their history, before anyone else is injured.

For Walker to argue for anything else would make one wonder if he is really concerned about the public safety or if he is just worried about how this might effect his gubernatorial campaign.
As the days and weeks progressed, Walker continued to try squelch any discussions of the subject by saying "it was too soon," just like gun nuts say every time there is a mass shooting. But there were other questions that remained:
On the day of the incident, Holloway released the above linked document showing the findings of the result of the survey from last year. The very next day, Walker produced the same document, but with an added column showing that the issues raised had been addressed. What is not clear is when those issues had been addressed and why it had not been reported previously. Those two things also need to be looked into.

Another question that needs investigated is whether the fact that Walker has been raiding the capital funds, which had historically gone into building inspections and maintenance and similar projects, and using that money to cover the holes in the operational costs of his budgets, contributed to any possible deferred maintenance issues. Likewise, does the fact that he had cut the number of building inspectors down to one have an impact on all of this is worthy of further consideration.
Sure enough, Supervisor John Weishan found that Walker had taken over $112 million from capital funds and used it to cover the budget gaps left from his tax giveaways.

As a result of the tragedy, the families have filed lawsuits against the county and the contractors.  One of the lawsuits alone is for $20 million.

Stemming from these lawsuits came a request to resurrect and reopen the John Doe investigation into Scott Walker, his county staff and his campaign staff, which was commonly referred to as Walkergate, and had suffered a much too early demise.  The judge whom presided over the John Doe investigation, the Honorable Neal P. Nettesheim, decided to reopen the case just so that the ADA Bruce Landgraf and the O'Donnell Park attorneys could go through them to for any emails prevalent to their case.  Even this isn't going smoothly and there are concerns of a cover up within the cover up.

They release the O'Donnell Park-related emails in four parts.

One is called "gopfran" for Fran McLaughlin who was doing a helluva lot more than editing a press release, as we had been led to believe from the Walkergate investigation.  The bulk of this release has the historic documents regarding O'Donnell Park.

The next packet is called "breakfast" and shows how Walker's campaign manager Keith Gilkes was the one calling the shots and giving orders, including to Walker's county staff.

The other two are rather duplicative, but each does have some choice tidbits which we will look at later.  One is titled "Donnell" and the other is "maintenance."

While all of these don't have much new information contained within them, they do serve to confirm four important points which Team Walker and the Republicans have been denying all along.

The first point is that Walker was much more concerned about the political ramifications from this incident than he was in the well-being of the families, public safety and that he doesn't feel the slightest remorse for his responsibility for the incident.  His sole focus was that it not allow to hurt his campaign.  If that doesn't show Walker truly is a megalomaniacal sociopath, I don't know what would.

Secondly, the emails show that there was not a permeable line between his campaign staff and his county staff.  There was no line at all.  We now see that Walker and county staffers Tim Russell, Cindy Archer, Tom Nardelli, Kelly Rindfleisch and Fran McLaughlin were working as hard on the campaign as hard as the campaign staff.  Maybe even harder.

Thirdly, in the "Donnell" and the "maintenance" emails, we see that everything had to be run past Walker for his approval.  These emails show that Walker was fully aware of and approving of everything from the secret router to the illegal politicking.  Nothing happened without his approval.  There were no over-zealous staffers.  There was no rogue workers acting on their own.  It was all Walker all the time, and he didn't give a damn about the laws he was breaking.  Indeed, there is more.  There is always more.

Fourthly, the emails remove any reasonable doubt that Walker is/was John Doe.

There is still one lingering questions that hasn't been exorcised by these emails.  If anything, the emails actually gave more substance to the question.

Just why did Milwaukee County District Attorney John Chisholm suddenly drop the investigation and court proceedings against Walker and his crew?  It appears to my layman eyes that there is undeniable and overwhelming evidence that Walker and all of his crew was up to no good. Is it that the millions of dollars Walker collected for his legal cooperation fund was enough that his high profile high crime attorneys would be able to muddy the waters enough?  I sure hate to think that Chisholm was somehow compromised.

Maybe it's time for an autopsy on John Doe to find out exactly why he died long before his time, leaving just his ghost to wander parking garages.

Wednesday, November 28, 2012

Walkergate: Overruled!

As I'm sure the gentle reader has heard by now, the Honorable Neal Nettesheim has said that Scott Walker's statements that Walkergate would end this week was "pure conjecture."

Of course, the gentle reader already knew that, since they read it here first, second and third.

Since this news has come out, Walker has taken a much different tone:
Speaking to reporters Wednesday in Madison, Walker stressed that he had no "inside track" on the investigation and said he had just been expressing a hope Tuesday.

"I didn't say I had any knowledge of it when the person asked me a question," Walker said. "I said, like most people I would be happy and hopeful that it might be done this week," Walker said.

In spite of the continued investigation, Walker said he hadn't lost track of his priorities.

"It hasn't stopped us from doing our job," he said of the probe that has convicted several of his former aides. "I think most people - not me - but most people in the state would like to think it's going to end at some point. My focus hasn't changed."
As a commenter had so correctly pointed out:
Since Walker "is not the focus of the investigation" and is only "cooperating", why would he care how long the investigation lasts??...we know the answer...
The next logical question for the reporters to ask Walker is exactly just what is his focus on. His pipe dream of becoming president? Or just raising more money for his legal defense fund? Or getting enough bail money lined up for when the time does come?

And speaking of his legal defense fund, does anyone else suspect that Walker's "Talk With Walker" tour, in which he talks to business owners - most of whom are also campaign contributors - but not to the actual citizens of Wisconsin, is nothing more than a shakedown to get them to contribute to his legal defense fund?

It reminds me of the "Executive Rides" he took when he was Milwaukee County Executive and used county resources and personnel to go campaigning.

Given Walker's propensity to doing the same things over and over, regardless of they're unethical or illegal, it sure does seem likely.

Wednesday, May 16, 2012

In Defense Of Chisholm, Nettesheim

Milwaukee County District Attorney John Chisholm has been mercilessly attacked and lied about by right wing squawking heads, unethical Republican politicians and the right wing zombie echo chamber for months in a feeble effort to discredit the investigation into Walkergate.

Finally unable to put up with it any more, some of the most esteemed members of the law profession has taken a stand to protect the honor of Chisholm, the Honorable Neal P. Nettesheim and the process of justice, which I reproduce here, with gratitude to Lisa Kaiser of the Shepherd Express:
Preserving Judicial and Prosecutorial Independence in Wisconsin

May 15, 2012

Fellow Wisconsin citizens:

Recently, whether by coincidence or by coordination, this state has seen an increase in public comment impugning the propriety, motives, and competence of a John Doe investigation in Milwaukee County. Some of that comment has been directed at the office of the Milwaukee County District Attorney, and some at John Chisholm personally. Because this John Doe investigation, like all such investigations, is under the control of a judge, some of that comment also has been directed at the experienced and capable judge, the Hon. Neal P. Nettesheim, who is conducting and overseeing that investigation. As people who have devoted much of our lives to the prosecutorial function, the judicial function, or both, and more importantly who have strived to support the rule of law, we think it important to speak.

We understand that political passions are high at this time in Wisconsin's history. But we also understand that such times are exactly when the dispassionate rule of law is most essential. This nation and this state depend upon independent prosecutors who have the courage, objectivity and discipline to follow the evidence wherever it may lead, proceeding deliberately and cautiously all the while. Likewise, the nation and the state depend upon an independent judiciary to administer justice impartially, objectively, and honestly. The Milwaukee County District Attorney, his office, and Judge Nettesheim consistently have acted in exactly these traditions. They have done nothing to shake or betray our confidence in them and in the independence of their work.

There is no evidence that anyone associated with the prosecutorial, investigative, and judicial functions of this John Doe inquiry has violated the secrecy order in that inquiry or otherwise acted contrary to law or good conscience. There is no evidence of partiality or bias. There is no evidence of incompetence, undue delay, or improper motive. All evidence known to us is to the contrary. We agree with Gov. Scott Walker, who has said publicly that he has seen no reason to question the fairness of the John Doe investigation.

Indeed, this John Doe investigation, and the prosecutions that have resulted from it, are solid examples of the rule of law, rather than the rule of the crowd, the rule of the powerful, or even the rule of transient public sentiment. The rule of law has done much to maintain the legitimacy and stability of our political institutions since this nation's founding. The people who have been charged but not convicted are presumed innocent, as they must be. Those who may be uncharged targets or subjects of the investigation have maintained anonymity and the presumption of absolute innocence to the full extent that both the Milwaukee County District Attorney's office and the supervising judge have been able to assure that.

Neither a judge nor a prosecutor can stop speculation by media or the public, though. In a free society, they should not and cannot have that power. But they also must not bear the blame for the political passions, speculation, and commentary that they have done nothing to fan or to feed. Instead, all Wisconsinites who believe in the rule of law and in the importance of fair and independent prosecutorial and judicial functions should be proud of Mr. Chisholm, his office, and Judge Nettesheim. They are public servants in the finest and highest sense.

Respectfully,

Hon. Janine P. Geske
Retired Justice,
Wisconsin Supreme Court

Hon. Patricia D. McMahon
Retired Judge, Milwaukee County
Circuit Court

Hon. Mark A. Frankel
Retired Judge,
Dane County Circuit Court

E. Michael McCann
Retired District Attorney,
Milwaukee County

Robert J. Jambois
Former District Attorney,
Kenosha County

Gregory J. O'Meara, S.J.
Former Assistant District Attorney,
Milwaukee County; Associate
Professor, Marquette U. Law School

Ben Kempinen
Clinical Professor & Director,
Prosecution Clinic
U. Wisconsin Law School