OFFICIALS ADMIT MISTAKE IN DOWNTOWN BAN BAIL CONDITION RESCINDED

WAUKESHA - Banning a suspected drug offender from downtown Waukesha
was a mistake, the Waukesha County District Attorney's office and the
Waukesha Police Department acknowledged Wednesday.

At the request of police, the DA's office asked Court Commissioner
Gerald Janis on Tuesday to ban Ary Jones, 53, of Waukesha, from
downtown Waukesha under the police department's new "map-out" program.
Janis agreed to the request as a condition of Jones' $750 bail.

It was the first case of someone being banned from downtown Waukesha
under the policy, in which criminals and suspected criminals can be
banned from an area of downtown Waukesha in an effort to reduce crime
downtown.

The ban against Jones was rescinded Wednesday after authorities
acknowledged he did not meet the qualifications for the policy.

"I'm not happy this whole concept has gotten off to a very shaky start
as a result of some misinformation," District Attorney Paul Bucher
said.

Under the policy that went into effect April 1, a ban can be approved
only if the person's crime occurred within the targeted area.

Assistant District Attorney Ted Szczupakiewicz, who filed charges of
marijuana possession, resisting an officer and bail jumping against
Jones, asked Janis to rescind the ban because Jones' alleged crime
occurred outside of Hammer's Landing, 326 W. Main St., which is beyond
the map-out area.

"In the future, if the state is going to ask for this ... they better
have a lot of maps available," Janis said.

The map-out area is roughly bordered by Barstow, South and Clinton
streets and the Fox River.

Szczupakiewicz said the bail request was made on the recommendation of
the arresting police officers. He said he did not know the boundaries
of the map-out area because he was not given a map.

"Our officer made an error," police Lt. William Graham said
Wednesday.

According to the criminal complaint, Jones was spotted Monday going
back and forth between Hammer's Landing and a car parked outside the
tavern. Police later found Jones sleeping inside the car. When he got
out of the car, he allegedly had marijuana in his closed fist.

Police make recommendations about map-out cases when they refer their
reports to the DA's office. It is up to prosecutors to decide whether
to seek a downtown ban.

In Jones' case, the arresting officer submitted a report to the DA's
office stating: "Should Jones post bail for his release or receive
probation for these charges, it is requested that he be added to the
'map-out' program."

Bucher, who is in Door County for a state convention of district
attorneys, said he did not know a ban was going to be sought in Jones'
case. A ban should be sought only when individuals commit repeated
crimes in the map-out area, and Jones does not qualify, he said. His
office previously has decided against a ban in two other cases, he
said.

Bucher said he he has spoken to his staff and plans to talk to police
to learn how the mistake happened.

Graham said he did not know how the arresting officer made the
mistake.

"I can't tell you what he was thinking," he said.