Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Wisconsin has no plans for independent review of bad evidence

| Nov 2, 2017 | Wrongful Convictions

After learning that its own hair and fiber analysis methods were faulty, the FBI has tried to identify all criminal convictions that relied on such evidence. The agency has initiated a nationwide review of all cases involving such evidence before 2000, when the FBI switched to the use of mitochondrial DNA analysis instead of the older techniques.

The FBI has acknowledged at least 13 flawed prosecutions in Wisconsin, according to the Wisconsin Center for Investigative Journalism. Those are among hundreds that have been discovered nationwide. The Center suspects there may be more, but writes that its efforts to identify these wrongful convictions “have been thwarted by district attorneys” and U.S. Attorneys who have shielded prosecutorial records and been non-responsive to Freedom of Information Act requests.

Last year, former FBI director James Comey entreated governors to ensure that state prosecutors notified all defendants whose cases were affected by the faulty evidence. Several states including Arizona, Iowa and Massachusetts, immediately began reviewing cases. Wisconsin did not, according to the Center.

The Wisconsin Department of Justice said it is not planning to conduct a proactive review. Instead, it will review cases whenever they are brought to the agency’s attention.

“If you don’t look for them, you’re never going to find them,” counters the head of the Arizona Justice Project which is involved in the FBI review.

When Arizona performed its review, it quickly found 218 cases in which hair or fiber analysis had tied a suspect to a crime. It is now reviewing how the evidence was presented in those cases in order to determine if the use of the evidence was crucial to the conviction.

In Iowa, 20 cases have been identified despite flooding that damaged the paper records at several major courthouses. The state remains committed to finding the trial transcripts in more cases.

In Massachusetts, 46 cases have already been flagged as needing review. That’s in spite of the fact that many of the records are in the process of being digitized for more efficient review.

Would Wisconsin find more than 13 questionable cases if it proactively went through its past case files? It seems very likely. Read the Center’s two investigative pieces at the links above and make up your own mind.

Whenever someone is convicted based on evidence that is later found to be faulty, the situation is very serious. The person may have been falsely convicted and suffered years or decades wrongly incarcerated. If so, the real perpetrator of the crime may remain at large.

Prosecutors have an ethical duty to seek justice, not just convictions. Our district attorneys and the U.S. attorneys serving our district should reexamine these cases.

Archives

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)