“It’s hard to unbury something that was buried in 1997 but for the sake of remembering Robin for who Robin was, it’s owed to him to make sure the justice that was given to him when Bodoh was originally sentenced continues” – Shannon Rosholt
Robin Elsinger was a fixture around Washington County. Larger than life, he was “John Candy’s twin,” his nephew, Michael Rosholt recalls. Robin even helped lead the famed Town of Erin St. Patrick’s Day parade.
“That’s what he took,” Michael, a mechanical journeyman, says of Elsinger’s killer, Kelly Bodoh. “You see any John Candy movie, that’s what Robin was, a twin of John Candy, with the jokes, with the movements, the size of him and everything else. He was removed from us early.”
Shannon Rosholt, who works for an Oconomowoc car dealer, added, “Thank you for giving Robin a voice again.” Both had harsh words for Evers and the fact that his new commutation scheme is putting families back through this uncertainty, especially in homicide cases.
“He’s just such a piece of sh*t,” said Michael of the governor.
“It’s absolutely asinine,” said Shannon. She thanked Wisconsin Right Now for reporting on commutation applications, saying, “It’s so important or we wouldn’t be having this conversation. We would have no idea and two months later, we’d be going to Walmart and going plant shopping, and there’s Kelly Bodoh.”
She believes that people who take another person’s life shouldn’t qualify for early release at all.
“Evers has no idea who Robin is as a person and how horrible of a person Kelly Bodoh is,” said Shannon.
Bodoh, 48, is serving a life sentence with parole eligibility in 2037. He was convicted of first-degree intentional homicide in 1998. Michael didn’t think he would have to worry about Bodoh getting out for another 11 years.
That all changed when his wife, Shannon Rosholt, took a break at work and scrolled on social media. She stumbled on our story reporting that Bodoh is one of five Washington County prison inmates who are seeking commutations from Gov. Tony Evers. Another is a killer believed to be an illegal immigrant. See that story here.
“Man, I honestly didn’t think I would have to do this at 48 years old,” added Michael.
Homicide Lifers Only Need to Serve 20 Years, Evers Announced
Evers’ new process requires homicide lifers to only serve 20 years in prison before they can qualify to seek release. Other inmates qualify to seek release after serving half of their sentence. It’s up to Evers whether to grant it. On April 23, the court records registered Bodoh’s commutation request, and DA Barry Braatz confirmed that Bodoh has applied.
“If Tom Tiffany gets in, I think this will be changed,” said Michael.
Tiffany has pledged to stop commutations.
“Robin has always been the uncle we wish was here, the fun uncle,” Shannon said.
Shannon said she would fear for public safety if Evers grants the commutation request. The governor created a board to review requests, but his executive order created an end-run around it, allowing him to fast-track requests right to his legal counsel and then to him. Evers once pledged to reduce the prison population by 50 percent.
“What is the purpose of letting him out into society?” asked Shannon, who, along with her husband, opposes Bodoh’s release. “He doesn’t know the world he left 27 years ago.”
The sentencing is still raw for Michael. “He shot my uncle in December of 1997,” he says of Bodoh. “Robin was my most favorite uncle. That’s how much he took away from our family. My dad had to burn his four weeks of vacation to go to trial.”
The family is deeply embedded in both Waukesha and Washington Counties. “Everyone knows everyone, when you would go to these events. The Stone Bank parade, Chicken Fest in Monches. Everyone reconnects. You’d see Robin at the Erin parade, and say, ‘How’s it going. Did you get a deer?'” recalled Shannon. They live on the family farm near North Lake where Elsinger was born and raised. Michael’s grandpa owned a towing service and scrap yard on that property years ago. Robin was “big into tapper handles. He always wanted a bar,” Michael says. He was a big Packer fan.
Not Buying the Defense
Bodoh was one of two inmates in state history to try a novel “gay panic” defense. But neither Michael nor Shannon buys it. “He got busted, he admitted guilt, and went ‘Oh sh*t how do I get out of this,” Michael says.
Michael says that Bodoh “lured Robin” into a car, shot him in the head, shot him again, opened the door, pushed him out, and stole his Packer checkbook and his wallet. Shannon notes that Bodoh offered no evidence for his claim that he was possibly sexually assaulted in the past by Elsinger and admitted he was intoxicated and unsure. “I can’t produce a person who does believe it,” she said.
According to court records, Bodoh argued that, in the early morning hours of December 18, 1997, “Robin Elsinger made homosexual advances on Bodoh. Bodoh believed that Elsinger had molested him a couple of months earlier when he was passed out due to intoxication. Bodoh prevailed upon his friend, Kraig Hoepner, to drive him to his grandmother’s house to retrieve a gun. Elsinger went along. Bodoh shot Elsinger at close range while the three were riding in the car. After the first shot, Bodoh shot again because he did not think Elsinger was dead. Bodoh would have fired a third shot, but Hoepner told him to stop.” Elsinger, 40, was the owner of the R&B Tapperes tavern in Hustisford.
The jury rejected the gay panic defene argument.
At the time of his murder, Elsinger was legally married but separated. He had no kids. He was described as social, patronizing fellow bar owners to support them in Hartford, Erin, and so forth, and visiting folks in Hartford, socializing and drinking.
The Victim Notification System’s Flaws
Both Rosholts believe the state’s victim notification system is flawed. Evers’ executive order says this about victim notification:
The problem with the above is that family members may not see the newspaper notice and many don’t know the registration system exists. We previously exposed systemic problems with victim notification through that system when it comes to old paroles (which are different; Evers’ appointee previously freed some of the most brutal killers in state history). Old law paroles are only for those convicted before truth-in-sentencing (2000). Evers’ new commutation scheme expands the chance for early release to every prison inmate except sex offenders and physical child abusers, basically.
Shannon and Michael believe Evers, if he is going to grant commutations at all, should list them on a daily basis on the state website, so the victims’ family members, public and media have a chance to be properly informed. She pointed out that sheriff’s departments do this with jail lists all of the time. Legislation required such a list for old law paroles after our previous reporting. Why not for commutations? We have been obtaining names of applicants by contacting each DA, which is how we learned Bodoh is seeking a commutation.
The Rosholts aren’t sure if any other family member has registered or was notified through the registration system. Elsinger did have a half brother with whom they aren’t in contact. His other brother is deceased, as are his parents. After learning about it through our story, they contacted a cousin, who said she was sick to her stomach. Evers appears to be fast tracking the victim notification, giving families only three weeks, if they see the notices at all. The notification timeframe was expanded well beyond that regarding old law paroles.
Bodoh previously asked for a sentence modification and this was denied, she said.
“In a world of technology, you should be able to look it up,” she said.
They worry that, if released, Bodoh could end back up in the Hartford area. They’re afraid, if released, he would just “roam around this town.” They want Evers to consider how he would feel if it was his family member.
She doesn’t think putting the notice in the paper is enough. “If you miss that publication, you miss the hearing,” she said. Some victims’ family members don’t live in the community where the crime occurred.
Shannon doesn’t understand why Evers exempted rapists but allowed killers to qualify.
According to Shannon, she didn’t even know there was an executive order and “eight hours ago I didn’t know what a commutation was.”
Table of Contents
