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News (Media Awareness Project) - US WI: Ex-district Attorney May Face Another Investigation
Title:US WI: Ex-district Attorney May Face Another Investigation
Published On:2004-03-16
Source:Wisconsin State Journal (WI)
Fetched On:2008-01-18 18:30:39
EX-DISTRICT ATTORNEY MAY FACE ANOTHER INVESTIGATION

Former Winnebago County District Attorney Joseph Paulus could face an
investigation into allegations he withheld or tampered with evidence
in dozens of criminal cases, local officials said Monday.

In a separate investigation, the FBI has been probing Paulus since May
2002 after an Oshkosh woman came forward to say she paid her defense
attorney, Milton Schierland, $5,000 in cash in 1999 to ensure she
wouldn't be convicted of a third drunken driving offense in Winnebago
County.

Last week, Paulus resigned from the private law firm where he'd been
practicing. Partner Gerald Boyle said Paulus "said enough for me to
know he has some very serious, serious trouble" coming "in the next
few weeks."

A spokesman for the FBI in Milwaukee wouldn't comment on the
investigation.

Paulus didn't return phone calls left at his Oshkosh law office.
Schierland, who also worked for a time as an assistant district
attorney under Paulus, also didn't return a message left at his
Oshkosh law office.

In addition to the federal investigation, Winnebago County District
Attorney William Lennon said Monday his office has received "dozens
and dozens" of complaints from defendants and defense attorneys
alleging misconduct by Paulus, who was Winnebago County's top
law-enforcement official for 14 years.

In 2001, Paulus was on short lists of candidates to become the U.S.
attorney for the western or the eastern district of Wisconsin.

Lennon said he will wait to see if federal charges are filed to
determine whether an investigation into allegations of prosecutorial
misconduct is warranted. "I want somebody to look at this stuff," he
said.

"What I can confirm is we are waiting to see what the FBI and the U.S.
attorney's office files," said Lennon, who defeated fellow Republican
Paulus in the 2002 election. "We want to see the scope of their
charges. We want to see the scope of their investigation. If we feel
there's more ground to be covered, one of the options would be to have
a 'John Doe' investigation in this county. Another is to refer it to
the attorney general office's Public Integrity Unit."

Assistant District Attorney Mike Balskus said his review of some cases
handled by Paulus shows "it's clear that Joe withheld evidence from
the defense." Balskus confirmed the cases being reviewed by his office
include some of Paulus' most highly publicized efforts as a
prosecutor, including at least one murder case. He declined to be more
specific.

"We're looking at the way (the cases) were handled and whether or not
there were problems with evidence used to obtain convictions," Balskus
said.

Balskus said based on his office's contact with federal authorities,
the federal investigation appears to be focused on alleged
cash-for-leniency deals and possible tax evasion by Paulus.

"I don't think that the feds are interested in (prosecutorial
misconduct)," Balskus said. "I think they were interested in money
that went into (Paulus's) pocket."

The FBI has obtained information about at least three dozen cases
handled by Paulus from 1995 to 2002, including cases involving drug
dealing, drunken driving, theft and disorderly conduct. Lennon
confirmed that in some cases, the prosecutors' files are missing.

The case that sparked the federal investigation involved Connie
Christensen, an Oshkosh woman arrested in 1999 on a tentative charge
of drunken driving-third offense. In a sworn statement, Christensen
said, "(Schierland) said he talked to some people that owed him favors
and that he was 98 percent sure he could get me off because he could
pull some strings. He told me for $5,000 he could get me off of this.
He said there would be no jail time or assessment, or anything on my
record."

Christensen said she saw Paulus give Schierland her case file at the
Winnebago County Courthouse. When Christensen's case was called, one
of Paulus's assistants asked Judge Barbara Key to dismiss the case,
saying the file was missing, the statement said. Court records show
Christensen was convicted of reckless driving and paid a fine.

"After the court case, I felt shocked by what I saw," Christensen
wrote. "I thought, 'I guess money can buy anything.' "

Paulus lost re-election in 2002 after news of the FBI probe surfaced
and one of his political opponents released a tape recording of Paulus
bragging about having sex in the district attorney's office. After
losing the election, Paulus joined the firm of Milwaukee defense
attorney Boyle, who said Paulus "obviously didn't tell me the truth"
about the allegations against him.
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