BLASKA'S BLOG Blaska's Blog explains why no charges will be filed in Prosser v. Ann Walsh Bradley
David Blaska on Tuesday 08/02/2011 12:05 pm
Judge William Foust should deny Dane County District Attorney Ismael Ozanne's request for a special prosecutor in the State Supreme Court kerfuffle.
There is no case here and the D.A. knows it. But the District Attorney is stuck on flypaper and he wants off. Ozanne is in possession of the Dane County Sheriff's office investigation into the incident of June 13 in the court's Capitol chambers. The initial story had Ann Walsh Bradley gasping for air as her fellow justice, Dave Prosser, throttled her with hands around her neck, presumably to the horror of the other four justices present in the room.
But the sheriff's investigatory report, so long in the making, does not recommend prosecution, Ozanne tells us. The Wisconsin State Journal has the story.
That tells me the entire contretemps in the offices of Justice Bradley is seven shades of gray, Roshomon in black robes, with both Justice David Prosser and Bradley wishing they had behaved differently but guilty of no crime.
The more nuanced version reported by Christian Schneider had disputatious words exchanged before Bradley flew at Prosser with fists raised. Prosser fends her off while another justice, unnamed, pulls Bradley away. She cries, "I was choked." Another of the justices present responds, "You were not choked."
If the facts as presented by the sheriff's report jump off the page demanding legal retribution, then file charges, Mr. D.A. If the inescapable conclusion drawn by a reasonable person is that a crime has occurred, don't fiddle faddle. Bring the indictment. Because if the sheriff's report does not make the case, no one will. It is worth noting that Capitol Police Chief Charles Tubbs poked into the case and chose not to make an arrest, either.
Ismael Ozanne does not want to bring charges and for good reason. He knows he has no case but fears that deciding not to charge will enrage the howling mob in Madison. He fears that his liberal privileges will be revoked and that he will be the target of sing-alongs and vuvuzelas. He will be linked to the Koch Brothers and ALEC. Oh, and he can forget about election to the post to which he has been appointed.
Shirley Abrahamson does not want charges to be filed. She does not want to sit on the witness stand for three days running as the defense attorney starts from the very beginning of her reign as chief justice 15 years ago to plumb the institutional dysfunction she has wrought. (Defense attorneys have greater latitude.)
Justice Bradley does not want charges to be filed. She does not want to be contradicted on the witness stand by some of her fellow justices. She does not want to answer why, if she was choked, she or Abrahamson or both went to liberal advocacy journalist Bill Lueders, a notorious enemy of Prosser, instead of filing a complaint with the police. Ann Walsh Bradley does not want to subject herself to perjury.
Nor does the court system want to house and feed that Waukesha County jury that any first-year law student would demand on Day One.
But if you got to have a special prosecutor, get E. Michael McCann out of Milwaukee. He's available and straight down the middle.
http://www.thedailypage.com/daily/article.php?article=34264