In December, Gabriel Lugo gave testimony to a state Assembly committee about his time in prison before he was exonerated of the crime for which he served more than a decade. He’d been serving his sentence in the Waupun Correctional Institution when his conviction was finally overturned. 

In a statement read by an attorney, Lugo said some correctional officers treated him as less than human and that prison lockdowns severely restricted his movement and made it hard for his family members to visit him. 

Living conditions at Waupun generated headlines in 2023 and 2024 about unsanitary facilities and lack of medical care. Lugo finally got out of prison in 2023, when he was exonerated of the crime he’d been convicted of in 2009. 

Rep. Jessie Rodriguez (R-Oak Creek) wrote in a column in December that Lugo is her constituent and his case prompted her to co-author a reform bill with Wanggaard and Sen. Chris Larson (D-Milwaukee). Under the amended Assembly bill, wrongly convicted people who were released after Jan. 1, 2015 — like Lugo — and had already received compensation would have been able to petition for more money. But the bill did not pass the Legislature before its session ended this month.

On Friday, Sen. Van Wanggaard (R-Racine), chair of the Senate Committee on Judiciary and Public Safety, who announced his retirement earlier this month, expressed frustration in a newsletter about the bill not passing the Legislature despite multiple attempts. He said that “people move the goalposts and come up with new (and baseless) reasons for not supporting it.”

While lawmakers in committees in both chambers voted to advance wrongful conviction compensation bills, neither chamber brought the issue up for a vote. 

It was not the first time the effort had failed. Bills that aimed to boost compensation for wrongly convicted people did not pass in 2016, 2017 or 2020.

“The failure to get this common-sense bill done has been frustrating,” Wanggaard said.

In testimony, Wanggaard called the Senate’s measure a “long-overdue bill” that would update an outdated law.

The proposed reform measure aimed to provide an eligible wrongly convicted person with $50,000 per year of imprisonment, up to a maximum of $1 million. The bill would also allow a person released on the basis of a claim of innocence to petition the court for an order directing the Department of Corrections to create a transition-to-release plan.

Currently, the Wisconsin Claims Board decides whether a person meets the standards for compensation for wrongful imprisonment. The evidence of the person’s innocence must be “clear and convincing,” and the person must not have contributed to bring about their conviction and imprisonment. The board’s five members come from the Department of Justice, the Department of Administration, the Office of the Governor, the Wisconsin Senate and the Wisconsin Assembly. 

The claims board can award $5,000 per year of imprisonment but with a total cap of $25,000, and it has also awarded attorney fees. The board can recommend a higher award to the Legislature. According to Rodriguez, since 1990, seven people have received recommendations for compensation above the $25,000 cap.

Wanggaard’s chief of staff, Scott Kelly, said in an emailed statement to the Examiner, “I don’t know what the price of someone’s freedom is, taking away their family, their support system, their job. But Senator Wanggaard knows it’s not $5,000 a year, with a maximum of $25,000.”

The board awarded Lugo the full $25,000 allowed under the law, as well as about $77,000 in attorney fees. The board recommended that the Legislature award Lugo an additional $750,000. The vote was 3-2, with Sen. Eric Wimberger (R-Gillett) and Rep. Alex Dallman (R-Markesan) dissenting.

The Wisconsin Innocence Project, the State Bar of Wisconsin’s Board of Governors and the Wisconsin Catholic Conference have given testimony supportive of increasing compensation for wrongly convicted people. Christopher Lau of the Wisconsin Innocence Project testified that the project has helped exonerate more than 30 people, and that many clients struggle to re-enter society. Last year, the Examiner reported on the struggles that exonerated brothers Robert and David Bintz have experienced after leaving prison in 2024.

“After years of wrongful imprisonment, our clients leave prison without savings, without employment, and often, without a place to call home,” Lau said. They also leave with medical ailments and emotional trauma, he said. 

Rodriguez’s office said that an amendment to the Assembly bill followed discussions with Assembly lawmakers to address concerns she had heard from them and from the Department of Administration. But Rodriguez said it became clear that more discussions were needed as the legislative session wound down.

Rodriguez is optimistic that the bill can pass in the next session, she told the Wisconsin Examiner. She thinks “we can get to the finish line with enough time to work out any issues” when the Legislature reconvenes, and “finally update this process.” 

Correction: This piece has been updated to reflect that Lugo gave his testimony in December, not January

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Former Waupun Correctional Institution officer Jamall Russell pled no contest to misdemeanor charges on Wednesday in a Dodge County Circuit Court case. The criminal complaint in the case charged Russell and others in the death of Donald Maier, the Examiner reported in June 2024. 

Maier, 62, was incarcerated at the Waupun prison and was reportedly found dead in February 2024. Authorities said Maier’s death was due to dehydration and malnutrition.

Russell, 41, was originally charged with misconduct in public office and with neglecting a person confined in a correctional institution, which are both Class I felonies that carry a penalty of imprisonment of up to three and a half years, a fine of up to $10,000 or both.

The criminal complaint charged Russell with neglect through a failure to act that caused unreasonable suffering, misery or physical harm. It also accused him of misconduct by reporting false information. 

The complaint stated that Maier had severe mental health issues and medical problems, and that multiple staff had noted he could not effectively communicate his needs. Maier’s inability to speak coherently to communicate his medical needs was likely a factor in why he didn’t receive needed medical and psychological intervention, the complaint said. 

According to camera footage, on four consecutive days, Russell “does not feed a meal (breakfast or lunch)” to Maier, according to the complaint, causing eight out of 12 meals to not be fed to Maier. During six of eight deliveries, he didn’t ask Maier if he would like to eat. 

Maier refused or wasn’t provided medication for his known medical and psychological conditions during his approximately nine days in the restricted housing unit, with the exception of one possible distribution where it’s unclear if he ingested the medication given to him, the complaint said. 

Russell said that an incarcerated person’s refusal of medication is when they don’t respond or say no when a medication pass is conducted, the complaint stated. In the case of Maier, Russell said that “he would either yell obscenities or ignore him completely, so he did not distribute medications to him.” 

Russell also said he wouldn’t give medications to an incarcerated person if  he couldn’t verify the person was taking them, because of the possibility that the person would hoard the medications and abuse them later. 

Russell said he had written incident reports involving self-harm or suicidal actions. He said that writing an incident report about an inmate losing weight and getting thinner or flooding his cell, which Maier reportedly did, was not in line with his training. Russell claimed that he told a nurse he was worried about Maier because he was not eating, not responding, his movements were getting slower and his skin appeared to be paler, the complaint stated. Dodge County Sheriff Dale Schmidt said the water in Maier’s cell  “appears to have been shut off for a significant amount of time”; based on the criminal complaint, this appeared to be in response to Maier flooding his cell. 

Russell said he told a sergeant about unusual observations of Maier’s activities and reported his meal refusal to a sergeant and hospital unit staff. 

Schmidt said that the required number of cell checks was not conducted and supervisors knew cell checks were commonly skipped.   

Camera footage showed that 14 times over two days, Russell did not complete  rounds in the restrictive housing unit  that he reported he had completed, the complaint stated. 

A nurse was present during Maier’s intake into restricted housing and didn’t proceed with an evaluation because he was verbally abusive, according to the criminal complaint. Maier was placed in a cell and never again removed or seen in person, other than through a window, to determine if he needed medical attention.  

Correctional officer and sergeant vacancies at the Waupun prison have decreased after a peak of about 56% in February 2024, around the time of Donald Maier’s death. The latest rate reported online by the DOC is about 25%.

The Examiner reported in June 2024 on criminal charges against nine Waupun staff members, including Russell, with abuse of prisoners and misconduct, after the deaths of Maier and Cameron Williams, 24, who were both incarcerated at the prison. The Milwaukee Journal Sentinel reported that Russell is no longer a correctional officer. 

Russell pleaded no contest to three counts of violating the law governing a state or county institution. This misdemeanor carries up to a $500 fine, up to 30 days of imprisonment or both. 

However, the plea agreement, signed by Russell and Dodge County District Attorney Andrea Will on Wednesday, would impose different requirements: probation, community service hours, honest testimony and the inability to work as a correctional officer.

Former Waupun warden Randall Hepp was convicted last year and fined $500 and court costs, the Examiner reported. He also pleaded no contest. Maier’s mother filed a lawsuit against Hepp, Wisconsin Department of Corrections Secretary Jared Hoy and others, seeking compensatory and punitive damages. 

According to an article in the Appleton Post-Crescent last year on the conviction of a different Waupun staff member, Dodge County Assistant District Attorney Shawn Woller read a letter from Maier’s mother during the prosecution’s sentencing argument. He said she requested for the letter to be read at each of the sentencings for those convicted of crimes relating to her son’s death. 

“I feel that each and every person who ignored my son and therefore had a hand in his death should spend some time in jail so that they learn firsthand what it is like to be dependent on other guards for food and water and medical care and protection,” her letter states, according to the Post-Crescent. “Nothing can bring my son back, but I’d like to think that we as a society would at least learn something from this tragedy, so this never happens to anyone else’s son.”

Plea agreement does not include jail time

The plea agreement states that in exchange for truthful testimony in any trial surrounding the death of Donald Maier, the state will recommend a withheld sentence on each count for two years of probation.

This comes with the condition that Russell can’t be employed as a correctional officer, as well as 100 hours of community service and following “all other conditions deemed appropriate by the agent.” Russell would also be responsible for all applicable court costs and fees. 

If the state believes that Russell does not provide truthful testimony or refuses to testify, the state will be free to argue at sentencing for whatever sentence it prefers, the agreement states. 

The plea offer depends upon truthful testimony against any co-actors who go to trial. 

Next in Russell’s case is a May 11 scheduling conference, to pick a date for his sentencing. 

Where do the other prosecutions stand?

In June 2024, charges were brought against Hepp and eight members of his staff: Russell, Lt. Brandon Fisher, Sgt. Alexander Hollfelder, nurse Jessica Hosfelt, correctional officer Sarah Ransbottom, Sgt. Jeramie Chalker, nurse Gwendolyn Vick and Sgt. Tanner Leopold. 

Ransbotton, Hepp, Fisher and Russell each pleaded no contest to one or more charges of violating the law governing a state or county institution after each originally was charged with one or more felonies. 

In the time leading up to Maier’s death, Ransbottom reported in the log that she completed rounds that surveillance footage showed she did not complete, according to a criminal complaint. 

Fisher pled no contest to two counts of violating the law governing a state or county institution, the Milwaukee Journal Sentinel reported. He has a sentencing hearing scheduled for May 29. The complaint said Fisher did not act on information he received to further investigate Maier’s condition or well-being.

In an incident report, Fisher wrote that the night before Williams’ death was reported, Leopold said he could see Williams breathing and slight movement of his head, but could not get a verbal response from him, the complaint said. 

Leopold reported that he told Fisher about the situation and was told that he had to contact the health services unit, so that they could determine whether it was necessary to assemble a team to remove Williams from his cell. 

According to the complaint, Fisher told detectives that “because (Williams) had a history of faking things, (Fisher) advised that a nurse should be contacted to visually look at him and see if there was a medical reason to pull him out of the cell, but if they don’t have a reason, he didn’t want to play games with (Williams) because he was attention seeking.”

Nurse Megan Leberak came to Williams’ cell front and noted that he was breathing but would not respond. Leberak indicated that usually, when a cell entry is done, she would be called to come over after staff entered the cell, if there was a medical issue, the complaint said. 

Leberak said she gave the go ahead for a cell entry to be conducted, but video footage showed Leopold, Fisher and nurse Gwendolyn Vick didn’t check on Williams, the complaint said. Leberak was at the end of her shift, and reportedly gave an update to Vick, who was later criminally charged.

Leopold said he received a call from Vick, telling him that entry wasn’t necessary at that time and that they would wait, according to the complaint. 

The case against Chalker was dismissed on a motion from the prosecution. Camera footage did not show Chalker completing 2:30 p.m. and 3 p.m. rounds on one day, contrary to what Chalker had logged, according to the criminal complaint. The Journal Sentinel reported that prosecutors said the investigation determined Chalker’s superior officer had instructed Chalker to fill out the rounds sheets.

The case against Hollfelder was also dismissed on a motion from the prosecution. The Journal Sentinel reported that they determined Hollfelder properly communicated concerns to his supervisor and a member of the health services unit, and had limited contact with Maier because of time he spent off work on family and medical leave. 

Cases against Leopold, Vick and Hosfelt are still active. Each is charged with neglecting someone confined in a correctional institution, which is a felony. Vick has a trial scheduled for May, while Hosfelt has a scheduling conference on March 27 and Leopold has a scheduling conference on March 23.

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