Thursday, February 2, 2023
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Thursday, February 2, 2023

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Parole Reversed! Gov. Evers Appointee John Tate Halts Parole for Wife Killer

UPDATE: Parole Chairman John Tate issued this statement Friday afternoon after Gov. Tony Evers wrote a letter earlier Friday to the Chairman that requested the “immediate and expeditious reconsideration” of Tate’s decision to grant early release to wife-killer Douglas Balsewicz.

Balsewicz tony evers


 

The action comes after days of pressure from the family of Balsewicz’s victim, Johanna Rose. The determined family passionately and persistently pushed the governor to “do the right thing” and urge Tate to reverse himself before Balsewicz’s May 17, 2022, release date.

“I do not agree with this decision, and I have considerable concerns regarding whether Johanna’s family was afforded sufficient opportunity to voice their memories, perspectives, and concerns before this decision was made,” Evers wrote after an hour-long meeting with multiple members of the victim’s family in his Capitol office.

However, Evers has not indicated that he is firing Tate, as the family requested.

Wisconsin Right Now obtained a copy of the letter from the family.

Balsewicz tony evers

“I understand Douglas Balsewicz is to be released on or after May 17, 2022. Given this compressed timeline, I am requesting your immediate and expeditious reconsideration to determine whether this additional victim input changes your opinion as to whether release would depreciate the seriousness of this offense,” Evers wrote. “Among the factors that must be considered is whether the questions raised regarding the appropriate level of victim notification and opportunity for input – especially given the extremely violent nature of the offense and relative recency – constitutes a chance in circumstances justifying recission at this time.”

Concluded Evers, in the signed letter, “If Douglas Balsewicz goes free next week, the victim’s family may be deprived of participating to the fullest extent justice requires. Johanna and Johanna’s family deserve that opportunity, and I urge your immediate reconsideration to ensure that they do.”

Balsewicz tony eversOn May 10, Tate, a Racine alderman, told the Racine Journal-Times, in his only comments on the parole decision, that he was not reversing the decision, citing in part concerns the state would be sued. The family is optimistic, however, that he will rescind it now, in the wake of Evers’ letter. According to the family, they were told that, if Tate does decide there is a reason to rescind the decision, he would have to articulate the change in circumstances at an administrative law hearing to give Balsewicz due process, but then it would go back to Tate for a final decision.

We called the Wisconsin Parole Commission to speak with Tate but did not hear back. His cell phone has a message saying he does not respond to calls about parole issues. We also called a number on the letter he belatedly sent the family revealing Balsewicz was being released. The receptionist who answered did not know who he was. The family has tried in vain to speak with Tate. They also spent days trying to reach Evers, and were told by a staff member that he would call him earlier in the week, but he never did. They then went to his Capitol office on Thursday to ask for a meeting and met with his chief-of-staff Maggie Gau. Shortly after that meeting, they had a date and time to talk to the governor.

“I think it’s very wrong what Tate did,” Nikkole Nelson said. She was 2 years old in 1997 when her father stabbed her mother to death in front of Nikkole and her brother Christopher, who was 4. Balsewicz left the two children with their dying mother and went to Taco Bell. Nikkole and Christopher were later discovered by a neighbor walking down the street holding hands, Nikkole in a diaper, and covered with their mother’s blood. Today, Nikkole is thriving, a young mother. Christopher, tragically, died in a car crash at age 26. Evers met with Nikkole, two of Johanna’s sisters, her brother, niece, and brother-in-law.

Nikkole was not notified of the parole hearing, the family said, which they said troubled Evers.

“Our family didn’t just talk about JoJo,” Johanna’s niece Theresa Cook said. “Our family demanded that the governor rethink this (parole) grant program to not include first and second-degree murderers, to give victims’ families more than 7 days to respond to the release of a violent offender, and we asked him… to look through the list of those who have recently been given this (parole/early release) grant and be sure you have respected the dignity of the rest of the victims.”

Evers’ appointee, John Tate, telegraphed long ago how he saw the Parole Commission chairman’s role. He has openly championed releasing more inmates on parole and made anti-police comments on Twitter. He’s a failed Assembly candidate who worked on a Democratic congressional race. On LinkedIn, he describes himself as a “founding member” of Our Wisconsin Revolution. That’s a group that openly works to end “truth-in-sentencing laws,” mandatory minimum sentences, and other tough-on-criminals measures.

Balsewicz tony evers

The family left the Capitol with wide smiles at last after days of devastation and pain over the pending release of Balsewicz, who stabbed his wife 42 times in 1997. In late April, Tate had agreed to release Balsewicz after almost 25 years of an 80-year sentence even though the judge, Diane Sykes, had said in 1997 that he would not be an appropriate candidate for early release. Republican candidates for governor, Kevin Nicholson, Tim Michels, and Rebecca Kleefisch also put pressure on the governor to act, saying the parole should be revoked and decrying the decision.

The non-partisan Legislative Reference Bureau confirmed in response to a request from WRN, “Relevant provisions of the administrative code authorize the withdrawal of a parole recommendation and the rescission of a grant of parole prior to release, provided a change in circumstances require such a withdrawal or rescission.”

The governor’s letter makes it clear that the change in circumstances involves failure to notify relatives properly of the parole hearing and release. The family on Thursday received a letter from Tate, stating that Balsewicz was being paroled. It was postmarked May 10, but is dated April 30. They learned he was being released through the grapevine.

Balsewicz tony evers

Balsewicz tony eversEvers’ letter cites problems with notification for his stance against the release. For days, the governor’s office had said only that Evers did not have authority to reverse Tate, and Evers walked away from reporters on Thursday night who asked him about the case.

The letter dated May 13, 2022 states, “It is in light of this conversation (with the family) that I write to you today. While I do not have the authority to overrule your decision in this case, I must implore you to reconsider.”

However, after meeting with the emotional and heartbroken family, the governor, within a half-hour, had sent Tate the strongly worded letter. “This case is disturbing and horrific, and the magnitude of this tragedy rippled through Johanna’s family – the effects of which they endure still day.”

Evers appointed Tate to run the Parole Commission in 2019. In a press release at that time, he said, “Improving our parole system is an important part of reforming our criminal justice system and eliminating the racial disparities that have led to increased incarceration rates for people of color. I know that John Tate II will be a strong advocate for the change we need to ensure our criminal justice system treats everyone fairly and focuses on rehabilitation. We can improve public safety and empower returning citizens at the same time.” When he ran for election the first time, Evers promised to cut the state’s prison population in half.

The governor wrote Tate, “In recent days, members of Johanna’s immediate family have appealed to me directly, asking for a meeting with my staff and me. Today, I had the opportunity to speak directly with them and heard firsthand about the weight of the grief, trauma, and anxiety they carry every day. I also heard about their concerns throughout this recent parole process, including a lack of transparency, accountability, and notification, causing more trauma and pain for Johanna’s family.”

“It’s promising. We have hope today,” Karen Kannenberg, Johanna’s sister, said when the family emerged from the governor’s office. They said the governor told them there were “mistakes made.”

“We have faith in Gov. Evers,” Theresa Cook, Johanna’s niece, said. Cook had revealed in a meeting the previous day with Evers’ chief-of-staff Maggie Gau that she was a union member who voted for Evers but was now questioning her vote. She emerged from this meeting with a smile on her face and praising the governor. You can see video from the Gau meeting with the family here.

“You haven’t seen us look like this in quite a while. We are hopeful that John Tate II is going to do the right thing.” The governor said he did not want to “make this political,” said Kim Binder Cornils, Johanna’s sister. “That this was about us and JoJo, and he even got emotional.”

Evers noted, “I have often spoken out forgiveness and the power of redemption – values I know Johanna’s family and I both share. I also believe, however, and Wisconsin state law agrees, that the voices, experiences and trauma of victims of crimes must weigh heavily in these conversations and deserve full and meaningful consideration. Justice simply demands it.”

Evers wrote Tate, “Our constitution states that victims have a right to be heard. Our statutes reiterate that victims have the right to provide direct input in the parole decision-making process. Section PAC 1.07(7) of the Wisconsin Administrative Code provides that you can rescind your decision where there has been a change in circumstances. I implore you to look again at this case, and, importantly, to do so swiftly and without any delay.”

He wrote:

Cook wants people to remember Balsewicz, “Her laughter was contagious. She was brave, she was smart, she was a good mother and citizen, and she deserved so much more for this, but today this is for her.”

On Thursday, we contacted the non-partisan Legislative Reference Bureau to ask questions about the governor’s authority. We received these answers:

Does the governor have the authority to overrule a parole commission decision? Did Gov. Tommy Thompson do that?

Under Wis. Stat. § 304.01 (1), the chairperson of the parole commission “shall be the final parole-granting authority, except as provided in s. 304.02.” Wis. Stat. § 304.02 provides for special action parole release. Under this section, DOC must use a special action release program to relieve crowding in state prisons by releasing certain prisoners to parole supervision. Also under this section, DOC must promulgate rules for this program, including procedures for the secretary to decide whether to grant a prisoner a special action release to parole supervision.

The statutes do not authorize the governor to overrule a decision of the parole commission chairperson relating to parole or the secretary of DOC relating to special action parole release.

To the best of our knowledge, Governor Tommy Thompson never overruled the decision of a parole commission chairperson. In 1994, Governor Thompson directed the secretary of DOC to block the release of violent offenders, however, a court of appeals subsequently ruled that this letter did not have the force of law. (See State v. Delaney.)

Can a parole commission chair reverse their own decision?

The statutes do not authorize the parole commission to withdraw or rescind a decision. Under certain circumstances, including an alleged violation of a condition or rule of parole, parole may be revoked pursuant to an administrative hearing. (See Wis. Stat. § 304.06 (3).)

Relevant provisions of the administrative code authorize the withdrawal of a parole recommendation and the rescission of a grant of parole prior to release, provided a change in circumstances require such a withdrawal or rescission.

Per Wis. Admin Code. § PAC 1.07 (6), a commissioner may withdraw a recommendation for parole prior to the issuance of the grant of parole whenever the circumstances affecting the original recommendation have, in the opinion of the commissioner, changed sufficiently to require withdrawal of the recommendation.

Per Wis. Admin Code § PAC 1.07 (7), if there is a change in circumstances requiring a denial of the grant of parole subsequent to the issuance of a parole grant but prior to release, the inmate must be provided written notice of the reasons for rescission and a summary of the evidence supporting the reasons for rescission. This subsection requires that the inmate be given an opportunity to appear and be heard by an impartial hearing examiner from the Division of Hearings and Appeals in the Department of Administration and establishes requirements for such a hearing. After a review of the findings of fact, conclusions of law, and recommendations of the hearing examiner, the chairperson must make a final decision.

Does the governor have the power to suspend all paroles, including someone like Balsewicz, who has been paroled but not yet released into the community?

No. The statutes do not authorize the governor to grant, deny, or suspend parole.

Evers banned the press from attending the Friday meeting, against the family’s wishes.

In 2019, Wisconsin Public Radio reported that Evers had appointed Tate, a Racine social worker and alderman to chair the Wisconsin Parole Commission.

“Tate said he’s also interested in increasing the number of paroles granted by the commission,” the article says. That article noted that “prison reform advocates” had criticized former Republican Gov. Scott Walker and his Parole Commission for “greatly reducing the number of inmates being released under the old laws” to 865 out of 9,985 who attempted it.

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Dan Kelly Won’t Commit to Endorsing Jennifer Dorow if She Wins Supreme Court Primary

(The Center Square) – The harsh feelings over Wisconsin’s last race for Supreme Court are casting a shadow over the current race for the high court.

Former Justice Dan Kelly, who is running for the court, said Tuesday night that he won’t endorse Judge Jenifer Dorow if she wins the primary for Supreme Court in three weeks.

“Before I endorse, I need to see proof of what a person means when they say they are a judicial conservative,” Kelly said at a judicial forum hosted by the Republican Women in Greater Milwaukee. “I need to see it in writing, I need to see it in speeches, I need to see it in opinions, I need to see it somewhere. Because I am not going to endorse any more unless there is that proof.”

Kelly said his endorsement of Justice Brian Hagedorn has him taking such a strict stand now.

“I took a risk,” Kelly added. “I endorsed him, I campaigned for him, and I helped him get on the Supreme Court. And when he came, it turned out he really wasn’t [a judicial conservative.]”

Hagedorn has become the swing vote on the court, and has ruled with the court liberal members several times.

Kelly’s comments go along with a theme of this year’s race, that Dorow may be another non-conservative Republican judge.

Dorow said she was conservative enough for other conservatives to seek her endorsement.

“My background and my experience, apparently, was good enough for each of them to ask for my endorsement at one point. I didn’t always give it, but I was asked,” Dorow said. “And now, apparently, it’s not good enough to get the endorsement back.”

Kelly served four years on the Wisconsin Supreme Court before being defeated in 2020.

Dorow has spent her career as a prosecutor and a judge. She most famously presided over the Waukesha Christmas Parade killer’s trial.

Kelly said voters can judge him based on his years of rulings as a judge and Supreme Court justice. Dorrow doesn’t have the same history.

Dorrow said her focus is not on splitting the Republican or conservative base, and not allowing the Supreme Court to flip to a liberal majority.

“I’m not going to take a chance to take somebody out, so the Left can win this election," Dorow added. “We need to win this.”

Kelly brushed off that criticism.

“My commitment today is the same as it’s been my entire career, and always will be. I will promote judicial conservatism in every way that I can.”

Voters will choose between Kelly and Dorow, and two liberal judges Everett Mitchell and Janet Protasiewicz in the primary on Feb. 21. The top two vote getters will then face off in April.

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Biden’s Second Home Searched By FBI for Classified Documents

President Joe Biden's personal residence in Rehoboth Beach, Delaware, was searched by the U.S. Department of Justice on Wednesday as part of an ongoing probe into classified documents, according to a statement released by Biden's personal attorney.

"Today, with the President's full support and cooperation, the DOJ is conducting a planned search of his home in Rehoboth, Delaware," attorney Bob Bauer said in a statement. "Under DOJ's standard procedures, in the interests of operational security and integrity, it sought to do this work without advance public notice, and we agreed to cooperate."

Earlier this month, Attorney General Merrick Garland appointed Robert Hur as special counsel to lead the investigation into Biden after classified documents were found at Biden’s office at the Penn Biden Center and at his home in Delaware.

CBS has reported that investigators found classified documents at a former private office of Biden's in Washington, D.C. The Department of Justice did a search of the president's main residence in Wilmington, Delaware, as part of the probe.

RNC Research, run by the Republican National Committee, responded on Twitter to the search.

"On January 12, the White House said SIX TIMES the search for classified documents was 'complete.' The FBI is currently searching Biden's beach house," RNC Research tweeted.

Joyce Vance, a former U.S. Attorney for the Northern District of Alabama, tweeted, "Being told, this was a preplanned, consensual search. This is not a search warrant that the FBI is executing. Big difference."

Vance compared the searches involving Biden for classified documents to that of former president Donald Trump.

"Biden let the FBI come in & search," Vance tweeted. "Prosecutors obtained a search warrant from a fed'l judge for Mar-a-Lago based on probable cause to believe evidence/fruits of a crime would be found on the premises."

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Milwaukee Police are investigating a non-fatal shooting that occurred on Tuesday, January 31, 2023, at approximately 11:51 p.m., on the 7600 block of W. Capitol Dr. The victim, a 40-year-old Milwaukee male, was conveyed to a local hospital for treatment. The investigation is ongoing. Milwaukee Police continue to seek unknown suspect(s).Anyone with any information is asked to contact Milwaukee Police at (414) 935-7360, or to remain anonymous, contact Crime Stoppers at (414)224-Tips or P3 Tips. The City of Milwaukee is subject to Wisconsin Statutes related to public records. Unless otherwise exempted from the public records law, senders and receivers of City of Milwaukee e-mail should presume that e-mail is subject to release upon request, and is subject to state records retention requirements. See City of Milwaukee full e-mail disclaimer at www.milwaukee.gov/email_disclaimer
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Judicial Conduct Complaint Filed Against Protasiewicz For Prejudging Cases

(The Center Square) – There’s now a formal complaint over how one of the liberal candidates for the Wisconsin Supreme Court is campaigning. A western Wisconsin man, Randall Cook, filed the complaint Monday.

He said Judge Janet Protasiewicz has violated the state’s Code of Judicial Conduct by talking openly about how she’d rule on cases that will likely come before the Supreme Court. Specifically, the complaint says Protasiewicz has called Wisconsin’s political maps ‘"rigged," and has said she supports abortion and same sex marriage laws.

“Put simply Judge Protasiewicz is promising her vote on certain cases as a way to win over voters,” Cook said in his complaint. “This is completely unethical and cannot be condoned. As a result of her statements, there is no way Judge Protasiewicz can impartially participate in any future case involving Wisconsin’s current legislative maps or any legal challenge involving abortion law.”

Candidates for the court are not supposed to tip their hand about how they may rule.

Cook added that not only are Protasiewicz’s comments wrong, they hurt the reputation of the court itself.

“It is inappropriate for lower court judges to criticize judicial decisions of higher court judges. Such comments are out-of-bounds and undermine the public’s confidence in the judiciary,” Cook wrote.

Wisconsin’s Republican Party said the court should, at the very least, order Protasiewicz to recuse herself from any case that she’s talked about during the campaign.

“Janet Protasiewicz has decided to disregard her obligation to abide by the Code of Judicial Conduct in her pursuit of a place on the Supreme Court. The Judicial Commission must act and Protasiewicz clearly must recuse herself from participating in cases involving redistricting, abortion and Act 10 union reforms because she’s absolutely unwilling to hear them with an open mind,” Republican Party of Wisconsin Executive Director Mark Jefferson said. “A high court candidate has never taken such an extreme stand in defiance of her responsibility to remain unbiased or set aside her personal beliefs on cases set to come before the Court, and Wisconsin deserves much better than the liberal personal agenda of Janet Protasiewicz.”

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Milwaukee Police Breaking News – Tue, 31 Jan 2023

The Milwaukee Police Department is investigating a non-fatal shooting that occurred on 01/30/23 at about 10:10pm in the 4500 block of W. Fond Du Lac Ave. The 21-year-old Milwaukee man was conveyed to a local hospital and is in stable condition. The investigation is ongoing. Milwaukee Police continue to seek unknown suspects. Anyone with any information is asked to contact Milwaukee Police at (414) 935-7360, or to remain anonymous, contact Crime Stoppers at (414)224-Tips or P3 Tips.Capt. Warren E. Allen Jr.Milwaukee Police DepartmentNight Watch Commander749 W. State StreetMilwaukee, WI 53233414-935-7313/ at aboutThe City of Milwaukee is subject to Wisconsin Statutes related to public records. Unless otherwise exempted from the public records law, senders and receivers of City of Milwaukee e-mail should presume that e-mail is subject to release upon request, and is subject to state records retention requirements. See City of Milwaukee full e-mail disclaimer at www.milwaukee.gov/email_disclaimer

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Speaker Robin Vos & Gov Evers Discuss Wisconsin Flat Tax Proposal

(The Center Square) – Wisconsin’s governor says he will 100% veto a flat tax, and the top Republican in the State Assembly says he knows that.

Both Gov. Tony Evers and Assembly Speaker Robin Vos talked about the proposal to take Wisconsin to a 3.25% flat income tax during appearances on TV over the weekend.

The governor was on Capital City Sunday in Madison. He once again vowed to kill the flat tax proposal.

”The flat tax proposal, where it’s going to be equal across all parts of Wisconsin, is not in my bailiwick,” Evers said during the interview,

Evers has made it clear in the past that he doesn’t support the Republican’s flat tax proposal, but he said for the first time over the weekend that he may “possibly” veto the entire state budget to stop it from happening.

“[The flat tax] is a death nail for me,” the governor added. “I think our progressive tax system is a good one. And we don’t need to be spending our time and effort to provide the wealthiest of Wisconsinites with an extraordinarily large tax cut.”

Meanwhile Vos was on UPFRONT on Milwaukee TV, talking about the flat tax as well.

“I think we need to have significant tax reform to be able to make sure that Wisconsin remains competitive,” Vos said.

Vos said that may or may not include a 3.25% flat tax.

“That would be my preference. But again, I understand that Gov. Evers has concerns with that,” Vos added. “The most important thing for us to do, is we have to make big efforts toward reducing our tax burden. A flat tax would be ideal. But if we can’t get to ideal, there are other ways to get there.”

Senate Majority Leader Devin LeMahieu, who introduced the flat tax proposal this month, has said the flat tax proposal currently up for debate may not be the final plan that reaches the governor’s desk.

Gov. Evers will deliver his budget speech next month, and the Republican-controlled legislature will then write the state’s new two-year spending plan.

Evers said on Capital City Sunday that his ideas, even in a Republican budget, “never go away.”

In addition to tax reform, this year’s budget will likely include something new on shared revenue of local governments, school funding, and other plans on how to spend or return Wisconsin’s record $7.1 billion surplus to taxpayers.

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New Marquette Law School Poll: Trump, Biden Would Tie in 2024 Match-up

(The Center Square) – While Joe Biden and Donald Trump remain very popular with their respective bases, nearly half of voters in their own parties don’t want them to run for president again.

The latest Marquette Law School Poll, released Thursday, shows that 48% of registered Republicans don’t want Trump on the ticket next year. Among Democrats, the poll says 51% of voters don’t want to see Biden run for reelection.

“In the case of the former president and the current president, their parties are pretty divided over them as candidates even though the parties have pretty positive views of them individually,” MU lead pollster Charles Franklin said.

Trump is viewed favorably by 70% of Republican voters. Biden is viewed favorably by 83% of Democrats.

The poll also shows that Trump and Biden would tie in a 2024 head-to-head match-up.

“We see a tie between Biden and Trump, 40% for each of them,” Franklin explained. “That’s an improvement for Trump. In November Biden led 44-34, a 10-point lead.”

The new MU Poll did not ask about a head-to-head between Biden and Florida Gov. Ron DeSantis, but those results may be different.

Republican voters told pollsters that they have an even more favorable view of DeSantis than Trump, with 71% of voters liking DeSantis compared to 70% for Trump.

Biden is the most popular Democrat with the support of 83% of Democrats, Bernie Sanders is second at 75%. Interestingly, the poll says Vice President Kamala Harris is the third most popular Democrat with a 67% favorability rating, while also being the most unpopular Democrat with a 23% unfavorable rating according to the poll.

The most unpopular Republican, according to the poll, is former Vice President Mike Pence. Thirty-three percent of Republicans have an unfavorable view of him, compared to the 28% unfavorable rating for Trump.

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