Monday, April 15, 2024
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Monday, April 15, 2024

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DA Mark Bensen Refuses to Comment on Low Bail for DoorDash Shooting Suspect

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DA Mark Bensen doesn’t want to talk about the low bail in two pending felony cases for the man accused of blasting a shotgun at a DoorDash delivery driver.

Washington County District Attorney Mark Bensen is refusing to comment on the low bail that allowed the DoorDash shooting suspect John Norman to be free on two pending felony cases before the shooting.

“No comment from District Attorney on prior bonds,” Bensen’s legal secretary responded to us after we requested comment from Bensen.

DA Mark Bensen was initially named Washington County’s top prosecutor by former Democratic Gov. Jim Doyle in 2010.

Wisconsin Right Now reached out to Bensen for comment after learning that suspect John Norman was released on a signature bond and then $300 bail in two serious pending felony cases, including one for a violent crime and one for bail jumping.

In the second case, which occurred less than a week before he’s accused of blasting a shotgun at a DoorDash driver who delivered pizza to his home, Norman was released on $300 without even seeing a judge because his initial appearance was not scheduled until March 10 in the Feb. 10 case. That means that Bensen’s prosecutors likely did not recommend a bail amount in that case, although we wanted to ask Bensen questions about how that was set and why the initial appearance was so delayed. However, in the first case, also a felony, the court records say the assistant prosecutor who appeared for the state from Bensen’s office recommended the signature bond even though it involved a charge of endangering safety.

In that pending case from 2021, Norman was charged with felony vehicle operator/flee/elude an officer; third-offense OWI; and felony second-degree recklessly endangering safety. Judge James G. Pouros ultimately set the signature bond, which means that Norman was released without posting any cash at all.

The driver, who was delivering a pizza to the home, was not injured but was left deeply shaken.


Criminal Complaint Against John Norman Says the DoorDash Driver Was Left ‘in Severe Distress…Shaking Feverishly’

The criminal complaint against Norman, obtained by WRN from Bensen’s office, says that officers were dispatched to 7462 Werner Road on Feb. 16, 2022. The DoorDash employee was in the process of delivering food to the residence when the “front door of glass shattered in her face,” the complaint says.

You can read the complaint here.

When officers arrived, they found the DoorDash driver “in severe distress as she was shaking feverishly and crying hysterically at what she just witnessed.”

The complaint alleges:

A deputy approached the home and observed the front glass storm door shattered completely with glass pieces from the door all over the front porch. The deputy noticed that the main inner door had a large hole in it, which indicated something had come from inside the residence at a high velocity, causing damage to the door.

The deputy ordered Norman to exit the home with his hands up, but at first he refused. Eventually he exited. He had numerous small lacerations on his legs due to the glass shards. His eyes were watery and severely bloodshot. His speech was slurred, he was unbalanced while walking, and strong odor of intoxicants was smelled.

In the squad, Norman repeatedly asked for a cigarette and when the deputy said no, Norman said, “just DoorDash it to your squad,” explaining he had “DoorDash’d pizzas earlier” in the evening.

The complaint continues to allege:

Norman was given a field sobriety test and “showed six of six clues.” He held his arms to his side like an airplane to maintain his balance. The results of a blood draw are pending.

A search warrant was executed on his home, and a shotgun was found on the floor in front of the couch. Officers also found alcohol, including a ¼ full vodka container. A loaded Glock handgun was found.

The woman said she had been a DoorDash delivery driver for a year. “Jack N.” had ordered two pizzas. She pulled into the residence. Just as she lifted her foot up onto the step that leads to the front door, the front door exploded and glass was flying everywhere, and she didn’t even know what was happening. She ran out to her car.

Norman then told authorities that his shotgun accidentally discharged and denied knowing a deliver person was at his residence.

“You saw what happened to the house, you can figure it out,” he allegedly said.

Norman’s Facebook page says he is from Cedarburg and is owner-operator at Norman Services. He also goes by the name Jack Norman.

Bail reform has been a topic of interest in Wisconsin since the Waukesha parade attack. Much of that controversy has focused on Milwaukee County. The cases in this story are all from Washington County. Assembly Republicans voted last week to change the state Constitution because it limits judges to setting bail based on the amount needed to ensure a defendant comes to court.

The change would allow judges to consider a defendant’s past record. Some Democrats opposed the bail reform bill. It would require voters to approve the measure via a Constitutional Amendment. See the Democrats who voted no on the bail reform measure here. They include David Bowen, who is running for Lieutenant Governor, and Milwaukee’s Evan Goyke Jonathan Brostoff.


John Norman Bail in Pending Cases

Da mark bensen

Our review of court records shows that Norman had these pending cases, with the following bail amounts:

Case 1: Norman was charged on Feb. 10, 2022, with felony bail jumping and misdemeanor resisting an officer. His initial appearance was not scheduled until March 10, 2022, in that case. That means he has not yet appeared before a judge in that case. He was allowed to post $300 bail on Feb. 10, 2022.

Da mark bensen

Case 2: Norman also has a pending case in Washington County that was filed on Aug. 13, 2021. He was charged with felony vehicle operator/flee/elude an officer; third-offense OWI; and felony second-degree recklessly endangering safety.

His initial appearance was on Sept. 20, 2021. The judge was James G. Pouros, who also was initially an appointee of former Democratic Gov. Jim Doyle. Prosecuting attorney Alyssa M. Schaller appeared in court. The court records say the “state requests signature bond.”

Judge james g pouros
Judge james g. Pouros

The court ordered a $3,000 signature bond. After that there were various hearings, such as an arraignment and a Feb. 2, 2022, hearing where it was indicated that more charges were anticipated.

On Feb. 10, 2022, Norman also received citations for failing to take a breathalyzer test on an ATV, and for operating an ATV while intoxicated.

He has a prior record of resisting and 2nd offense OWI (misdemeanors) from 2011 and for misdemeanor receiving stolen property in 2008. He was convicted of misdemeanor bail jumping in 2007.


The Sheriff Says the Victim Is ‘Lucky to Be Alive’

The DoorDash driver “is lucky to be alive this morning, and a thirty-two-year-old Barton man is in custody at the Washington County Jail after an incident occurred on Werner Drive in the Town of Barton on Wednesday night,” the Washington County Sheriff’s Department wrote in its initial news release.

Washington County Sheriff Martin Schulteis said, “We are thankful that the victim is physically okay, however, our thoughts go out to her as she processes this traumatic event that easily could have resulted in tragedy. This suspect’s recent pattern of behavior is extremely concerning and we are working diligently to uncover how this could have occurred and hold him accountable.”

“The Washington County Sheriff’s Office received a 911 call from the driver who reported that she was shot at as she attempted to deliver pizza to a customer,” the release said. “Sheriff’s Deputies responded and were able to take the man into custody without further incident.”

The release further states:

The investigation revealed that the suspect ordered pizza which was to be delivered by a door dash driver. The driver arrived at the house and approached the front door when a shotgun blast was fired through the door by the suspect. The driver immediately fled the area and called for help.

The suspect told investigators that he had ordered pizza and accidentally fired the shotgun upon the driver’s arrival. Washington County Sheriff’s detectives executed a search warrant on the house early Thursday morning and collected evidence. The case remains an active investigation but the suspect will face several felony charges including 1st-degree reckless endangering safety, felony bail jumping, and operating a firearm while intoxicated.

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Jury selection is set to begin Monday in the first-ever criminal trial of a former U.S. president.

Former President Donald Trump has pleaded not guilty to 34 felony counts related to charges he paid hush money to adult film actress Stormy Daniels through a lawyer and covered it up as a legal expense before being elected president.

Trump has attempted to delay the start of the New York state trial several times, including three longshot tactics judges rejected this week.

What charges does Trump face in the New York hush money case?

Manhattan District Attorney Alvin Bragg has charged Trump with 34 counts of falsifying business records related to money paid to Daniels and another woman, former Playboy model Karen McDougal. Bragg has alleged Trump broke New York law when he falsified with the intent to commit or conceal another crime.

Prosecutors allege Trump falsified internal records kept by his company, hiding the true nature of payments that involve Daniels ($130,000), McDougal ($150,000), and Trump's former personal lawyer Michael Cohen ($420,000). Prosecutors allege the money was logged as legal expenses, not reimbursements. Both Cohen and Daniels are expected to testify.

Cohen is expected to be a key witness in the trial. Daniels has said she expects to testify.

Former Manhattan District Attorney Cyrus Vance Jr., Bragg's predecessor, did not bring the case to trial.

What happens on Monday?

Prosecutors, defense attorneys and Donald Trump are expected to be present when the trial before Judge Juan Merchan gets started Monday. The first step will be picking a jury, a process that could take a week or more depending on how things progress. The trial is expected to last six to eight weeks.

Prosecutors and defense attorneys will select 12 jurors and six alternates from a pool of potentially hundreds of people. Each juror will answer 42 questions designed to determine if they can be impartial in the high-profile trial of a polarizing former president. The jurors will remain anonymous because of security concerns.

Once a jury is seated, it's on to opening statements where prosecutors and defense attorneys will get to address the jury about what they plan to show during the trial.

What is Trump's defense to the charges?

Trump has maintained he did nothing wrong and has accused Bragg of bringing a politically motivated case involving conduct in 2016 during a presidential election year as Trump faces incumbent Joe Biden in a rematch of the 2020 election.

Trump has spoken out against the judge, the district attorney and other involved in the case repeatedly. Trump's comments prompted a gag order from the judge who said Trump can't talk publicly about certain people involved in the case and their families.

"The White House Thugs should not be allowed to have these dangerous and unfair Biden Trials during my campaign for President. All of them, civil and criminal, could have been brought more than three years ago. It is an illegal attack on a Political Opponent. It is Communism at its worst, and Election Interference at its Best. No such thing has ever happened in our Country before," Trump wrote on his social media platform Truth Social this week. "On Monday I will be forced to sit, GAGGED, before a HIGHLY CONFLICTED & CORRUPT JUDGE, whose hatred for me has no bounds. All of these New York and D.C. 'Judges' and Prosecutors have the same MINDSET. Nobody but this Soros Prosecutor, Alvin Bragg, wanted to take this ridiculous case. All legal scholars say it is a sham. BIDEN'S DOJ IS RUNNING THE CASE. Just think of it, these animals want to put the former President of the United States (who got more votes than any sitting President!), & the PARTY'S REPUBLICAN CANDIDATE, IN JAIL, for doing absolutely nothing wrong. It is a RUSH TO THE FINISH. SO UNFAIR!"

Will Trump take the stand?

That's not clear yet. Trump said last month that he'd be willing to testify at trial if needed.

Could Trump go to jail?

It's too earlier to tell what will happen if Trump is convicted. Under New York state law, falsifying business records in the first degree is a Class E felony that carries a maximum sentence of four years in prison.

Trump's age and lack of any prior criminal convictions could work in his favor at sentencing if he's convicted. His attacks on the judge could have the opposite effect at sentencing. Before sentencing, the judge would look at sentencing guidelines, recommendations from prosecutors and any other pre-sentence reports.

In late March, Trump said that he wasn't worried about a conviction when asked if he thought a conviction could hurt his chances of returning to the White House.

"It could also make me more popular because the people know it's a scam," he said. "It's a Biden trial, there is no trial, there's a Biden trial."

Whatever happens during the trial, Trump will be protected by the U.S. Secret Service.

Even if convicted and sentenced to jail, Trump could continue his campaign to re-take the White House.

"The Constitution does not bar felons from serving as President," said Richard Hasen, professor of law and political science at the University of California, Los Angeles.

Trump could not pardon himself from any state charges, Hasen said.

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(The Center Square) – Wisconsin’s next supreme court race could be even more contentious and even more expensive than the last one.

Liberal Justice Anne Walsh Bradley on Thursday surprised the state when she announced she will not run for re-election next year.

"My decision has not come lightly. It is made after careful consideration and reflection. I know I can do the job and do it well. I know I can win re-election, should I run. But it's just time to pass the torch, bring fresh perspectives to the court," Walsh Bradley said in a statement.

She is one of Wisconsin’s longest serving justices, serving her third 10-year term on the court.

“In the 177-year history of the court, only four justices have served longer than my length of service,” she wrote.

Walsh Bradley’s decision means the next election will be open.

Former Republican attorney general, and current Waukesha County judge, Brad Schimel has already jumped into the race. There aren’t any declared Democrats yet.

Schimel on Thursday said Walsh Bradley’s decision isn’t changing anything for him.

“From the beginning of my campaign, I made it clear that I’m not just running against one person, I’m running against this Court’s leftist majority,” Schimel said. “I wish Justice Ann Walsh Bradley well in retirement after decades of public service. I look forward to continuing the fight to bring integrity and respect for the Constitution back to the Supreme Court of Wisconsin.”

Wisconsin’s last race for the supreme court, in April of 2023, set records for spending. The race between Justice Janet Protasiewicz and former Justice Dan Kelly cost more than $56 million. That makes the 2023 Wisconsin race the most expensive judicial race in American history. Many court observers and politicos in Wisconsin say the 2025 race could be just as expensive, or even more expensive.

Protasiewicz’s victory flipped the Wisconsin Supreme Court to a 4-3 liberal majority for the first time in 15 years.

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(The Center Square) – The State Bar of Wisconsin isn’t ending its diversity clerkship that faced a federal discrimination lawsuit, instead it is changing the definition of diversity.

The State Bar agreed to tweak the program and make it about the diversity of ideas and experiences, rather than base the clerkship on race and gender.

“The settlement clarifies the definition of ‘diversity’ but makes no changes to the program,” State Bar Executive Director Larry Martin said. “The Diversity Clerkship Program, which has been creating opportunities for Wisconsin-based law students for three decades, will continue to exist and to operate in its current form.”

The Wisconsin Institute for Law and Liberty sued, saying it’s against the law to hire anyone based on race or gender.

WILL Associate Counsel Skylar Croy said they have had to make it a habit to remind people of that fact.

“Defeating unconstitutional DEI programs has become WILL’s area of expertise, and we are not stopping here,” Croy said in a statement. “While we are pleased with this victory, we know the fight is far from over. In fact, this is only the beginning of a movement, and our lawsuit will provide a roadmap for future victories in all 50 states.”

WILL has also sued over DEI programs at the University of Wisconsin that it says are race-based.

The bar said the only thing that is changing about the Diversity Clerkship is the focus on race in its definition of diversity.

“Under the settlement, the new definition states: Diversity means including people with differing characteristics, beliefs, experiences, interests, and viewpoints. Diversity promotes an environment in which all individuals are treated with dignity and respect, regardless of their differences and without regard to stereotypes, and helps to ensure a better understanding and consideration of the needs and viewpoints of others with whom we interact,” the bar added.

WILL sued on behalf of Daniel Suhr, who is a lawyer in the state and is required to be a member of the bar.

After the settlement, Suhr said the new definition is the first step toward restoring fairness to the Diversity Clerkship.

“Premier internship opportunities should be available to students based on merit – not race. I am proud to partner with WILL to set a strong precedent for the next generation of law students,” he said in a statement.

The Diversity Clerkship Program is a 10-week, paid summer job where first-year Marquette University Law School and University of Wisconsin Law School students are matched with law firms, corporate legal departments and government agencies.

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Lawmakers plan to interrogate the head of Eco Health Alliance, the group accused of conducting dangerous coronavirus research in Wuhan, China just before the COVID-19 pandemic.

The Select Subcommittee on the Coronavirus Pandemic will hold a public hearing May 1 where Dr. Peter Daszak is expected to testify. Daszak is the president of Eco Health Alliance, a U.S. nonprofit health research company that used taxpayer-funded grants to conduct coronavirus research.

The lawmakers on the committee also allege that newly obtained documents show Daszak’s previous testimony misled the committee or misrepresented the facts.

“These revelations undermine your credibility as well as every factual assertion you made during your transcribed interview,” the letter said. “The Committees have a right and an obligation to protect the integrity of their investigations, including the accuracy of testimony during a transcribed interview. We invite you to correct the record.”

One of those obtained documents appears to show Daszak saying he plans to work with Wuhan researchers.

A federal grant database shows that Eco Health Alliance received millions of dollars since 2014 from the federal government to study coronaviruses that originate in animals and in some cases can transfer to humans, with an emphasis on China.

A key and highly disputed part of the inquiry is whether Eco Health Alliance’ research included making coronaviruses more dangerous,.

Under former President Donald Trump, the federal National Institutes of Health cut all funding to the group in question over the controversy.

Under the Biden administration, funding has been restored, and NIH has emphatically stated that Eco Health Alliance did not play a role in the start of the pandemic.

“Unfortunately, in the absence of a definitive answer, misinformation and disinformation are filling the void, which does more harm than good,” NIH said in a 2021 statement. “NIH wants to set the record straight on NIH-supported research to understand naturally occurring bat coronaviruses at the Wuhan Institute of Virology, funded through a subaward from NIH grantee EcoHealth Alliance. Analysis of published genomic data and other documents from the grantee demonstrate that the naturally occurring bat coronaviruses studied under the NIH grant are genetically far distant from SARS-CoV-2 and could not possibly have caused the COVID-19 pandemic. Any claims to the contrary are demonstrably false.”

In 2022 and 2023 NIH awarded Eco Health Alliance a total of at least $1,230,594 to research “the potential for future bat coronavirus emergence in Myanmar, Laos, and Vietnam.”

The idea that the COVID-19 virus began in a Wuahn lab was once denounced as a conspiracy theory but has now gotten more widespread credibility.

The FBI announced last year after its investigation that COVID-19 most likely came from a Wuhan lab. That news came just after the Department of Energy also said the Wuhan lab was most likely the origin of COVID-19, though neither agency expressed a high degree of confidence in that theory.

Other groups have suggested it came from the Wuhan wet market, though no definitive answer has been settled on.

Trump's First Criminal Trial

Trump Calls for Sanctions, Censure of Special Counsel Jack Smith

Former President Donald Trump called for special counsel Jack Smith to be sanctioned or censured for "attacking" the judge in Trump's classified documents case.

Trump's comments on Thursday come after Smith and his team of prosecutors made it clear they think Judge Aileen Cannon's latest ruling was based on "an unstated and fundamentally flawed legal premise." Prosecutors objected to Cannon's order to produce proposed jury instructions under two different legal scenarios. Smith said both legal scenarios were flawed.

In response to the judge's order, prosecutors said they need clarification on Cannon's position so they can appeal if needed. They asked the judge to decide before the trial if the Presidential Records Act "has an impact on the element of unauthorized possession" of classified documents. Failure to do so could make it impossible to prosecute Trump because of the double jeopardy clause in the Fifth Amendment, which prohibits anyone from being prosecuted twice for the same crime.

Trump lashed out Thursday morning.

"Deranged 'Special' Counsel Jack Smith, who has a long record of failure as a prosecutor, including a unanimous decision against him in the U.S. Supreme Court, should be sanctioned or censured for the way he is attacking a highly respected Judge, Aileen Cannon, who is presiding over his FAKE Documents Hoax case in Florida," Trump wrote in a message posted to Truth Social.

Trump also said Smith shouldn't be on the case.

"He shouldn’t even be allowed to participate in this sham case, where I, unlike Crooked Joe Biden, Hillary Clinton, and all the rest, come under the Presidential Records Act," Trump wrote. "I DID NOTHING WRONG, BUT BIDEN DID, AND THEY LET HIM OFF SCOT-FREE. HOW DID THAT HAPPEN, JACK? A TWO TIERED SYSTEM OF JUSTICE. ELECTION INTERFERENCE!"

Trump has pleaded not guilty to 40 felony counts that allege he kept sensitive military documents, shared them with people who didn't have security clearance and tried to get around the government's attempts to get them back.

Trump faces a rematch against President Joe Biden in this year's presidential election. Trump also faces three other criminal cases in New York, Georgia and another federal case in Washington D.C. He's used millions of dollars in campaign contributions to pay his mounting legal bills.

Trump also is appealing a $464 million fine in a civil case in New York. He posted a $175 million bond to appeal that decision.

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