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Madison Police Chief Barnes named to Seattle job

Madison Police Chief Shon Barnes delivers updates about the Dec. 16, 2024 school shooting at Abundant Life Christian School on Madison's east side. (Henry Redman | Wisconsin Examiner)

Just days after he was thrust into the national spotlight following the shooting at Abundant Life Christian School that killed two people, Madison Police Chief Shon Barnes was announced as the new chief of the Seattle Police Department. 

Barnes’ acceptance of the job in Seattle comes as the Madison police are still investigating the shooting on Monday and the motives behind the 15-year-old girl’s attack. Authorities have discovered that the girl was in contact with a 20-year-old California man who was planning his own attack on a government building. 

Since the shooting, Barnes has been an outspoken critic of hardening the defenses of community schools. At his first press conference after the shooting, he was asked if the school had metal detectors and responded that schools shouldn’t have such measures installed. 

“I’m not aware that the school had metal detectors, nor should schools have metal detectors,” he said. “It’s a school. It’s a safe space.”

Prior to the shooting, Barnes had been named a finalist for the Seattle job. 

Seattle Mayor Bruce Harrell noted in a statement that Barnes has successfully brought crime down in Madison and promised to continue to work to combat gun violence.

“Earlier this week, under tragic circumstances, the nation received its introduction to Chief Shon Barnes. We all saw firsthand what our team has known since we began this recruitment process — that Chief Barnes possesses the impressive leadership capabilities, compassionate approach, and dedication to effective police work needed to continue moving our Police Department forward,” Harrell said. “I’ve spoken with Madison Mayor Satya Rhodes-Conway to express my condolences and support as they process this week’s tragedy and to share my continued commitment to fighting for solutions to the gun violence epidemic that impacts every corner of our country through our shared work with the U.S. Conference of Mayors.”

Barnes took over as chief in Madison in early 2021 as the city responded to an increase in violent crime and the protests against police violence that occurred across the country in 2020. During his tenure, Barnes has overseen the department’s effort to equip officers with body cameras. 

He was also named a finalist for the chief jobs in Chicago and San Jose, California, despite telling Isthmus in 2021 that he was committed to Madison “for the long haul.” 

Rhodes-Conway said in a statement that Barnes’ collaborative approach was important to the establishment of Dane County’s Public Health Violence Prevention Unit and the Madison Fire Department’s CARES program, noting that the city is “safer and more resilient” because of his work. 

“I would like to congratulate Chief Shon Barnes on his new opportunity in Seattle and thank him for his service to Madison,” Rhodes-Conway said. “The Chief has been a steady, forward-thinking leader throughout his tenure and he will be greatly missed.”

She also commended his work this week responding to the school shooting.

“The tragedy this week has been all-consuming, and we still have much healing to do as a community,” she said. “I’m grateful that the Madison Police Department responded to this unthinkable crisis with the utmost professionalism and compassion. Chief Barnes was at the center of coordinating local, state, and federal law enforcement agencies during an unprecedented moment. He did so admirably.”

The Madison Police and Fire Commission is responsible for finding Barnes’ replacement. Rhodes-Conway said in the coming weeks the commission will outline a search plan and during the recruitment process an interim chief will be named.

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What would it mean for state prisons if unions win the Act 10 legal fight?

Green Bay Correctional Institution | Photo by Andrew Kennard

Amidst a staffing crisis that worsened living conditions in Wisconsin prisons, the state gave corrections officers a large raise.  

The number of vacant positions for correctional officers and sergeants across adult institutions has declined over 20% from a peak of 35%. But there’s still a struggle with working conditions, former correctional officer Joe Verdegan said. 

“By its nature, with the clientele you have there, it’s a very toxic environment,” said Verdegan, who worked at Green Bay Correctional Institution from 1994 to 2020. “The toxic part of it will never change, but the problem is, you need veteran staff that can deal with it.” 

Wisconsin’s Act 10, passed in 2011, excluded many government workers from collective bargaining for anything other than inflationary increases to base wages. The law led to an exodus of veteran staff concerned about what might happen to their pensions, Verdegan wrote in a 2020 book about GBCI.

Joe and Kimberly Verdegan, who used to work at Green Bay Correctional Institution, spoke with the Examiner over the phone. Kimberly Verdegan worked at GBCI from 1997-2009. Photos courtesy of Joe Verdegan.

Act 10 grouped some workers together as public safety employees and others as general employees. Public safety employees’ collective bargaining rights were largely unchanged, while those of general employees were severely curtailed. 

Dane County Judge Jacob Frost struck down the law’s collective bargaining restriction, ruling that the Wisconsin Legislature didn’t have a defensible reason for excluding some public safety workers from the public safety group. 

On Wednesday, Frost put his order on hold, granting a temporary stay on his Dec 2 ruling while he considers written arguments that he should keep the ruling on hold while the Wisconsin Legislature appeals it.

Frost’s December 2 decision essentially confirmed a previous ruling released in July, in which he wrote that Act 10 violated the equal protection clause of the Wisconsin Constitution. Previous legal challenges failed to overturn the law

Opponents of the law celebrated what the decision might mean for employees’ power in the workplace, while supporters said Act 10 saved billions of dollars. Former Gov. Scott Walker, who signed Act 10 into law, called the decision “brazen political activism” and “an early Christmas present for the big government special interests.”

Joe Verdegan’s badge | Photo courtesy Joe Verdegan

The law’s effect on retirement contributions led to an increased cost for public employees and government savings. Since employees were responsible for a larger share of pension contributions, state and local governments saved nearly $5.2 billion over the seven-year period from 2011 to 2017, according to a 2020 report from the Wisconsin Policy Forum. 

The judge didn’t strike down Act 10 provisions that changed the rules for employees’ retirement contributions and health insurance premiums, an attorney representing unions in the case told Wisconsin Watch. Those provisions don’t rely on the distinction between the public safety and general employee groups, he said. 

Frost’s ruling has been appealed, and it’s expected to go to the Wisconsin Supreme Court, Wisconsin Public Radio reported. Its fate might depend on an upcoming Wisconsin Supreme Court election and whether any justices recuse themselves. 

Act 10 protests at the Wisconsin Capitol 2011. Photo by Emily Mills CC BY-NC-ND 2.0
Protesters filled the Wisconsin Capitol in 2011 to protest the legislation that ultimately past as Wisconsin Act 10, eliminating most union rights for most public employees. (Photo by Emily Mills. Used by permission)

Frost didn’t find a legal problem with the Legislature treating the public safety group differently than the general employees group — for example, by providing them with benefits that would attract quality employees to jobs important for public safety. If teachers, administration or sanitation workers face labor unrest, their absence from work probably wouldn’t cause death or great harm, he wrote in the July ruling. 

Instead, Frost took issue with the Legislature’s decision to not include certain workers in the public safety group, including the Capitol Police, conservation wardens and correctional officers. 

Specifically referring to correctional officers, Frost wrote, “What greater threat is there to public safety than the escape of the persons that those in the public safety group arrested and brought to justice?” 

Wisconsin prisons have seen a staffing crisis, allegations of harassment 

After Act 10, GBCI staff had to contribute more to their pensions and paid higher health insurance premiums, Verdegan wrote in his book. 

“People were fleeing the prison to go drive truck, be bartenders, work in cheese factories, or even bag groceries at Woodman’s,” Verdegan wrote. 

Corrections officers were asked to put in more overtime around 2011 or 2012, former GBCI officer Jeff Hoffman told the Examiner in July. 

“From that time forward, it never got any better,” said Hoffman, who left GBCI in early 2023 after almost 23 years. “If you were there, you were going to work 16-hour shifts.” 

Staffing vacancies for correctional officers and sergeants have declined substantially from a peak of 35% in August 2023 to the current 12.9% vacancy rate.

In the DOC’s 2022 Climate and Engagement survey, over half of security staff expressed at least some disagreement with the idea that their pay was fair relative to the duties they performed. Over half said that if they left DOC, it would be because of their salary and/or benefits. 

These responses were given before Wisconsin implemented a large pay raise for corrections officers. Under the pay increases, correctional officers’ wages increased from $20.29 an hour to over $30 an hour, with more pay for officers in higher-security and understaffed prisons. Wages had received a $4 boost from federal pandemic relief funds prior to the increase, the Associated Press reported. 

Verdegan wrote in his book that some supervisors would try to harass or intimidate staff. Sean Daley of the American Federation of State, County and Municipal Employees (AFSCME) Council 32 made a similar remark to the Examiner in 2022

“It’s a tough enough job as it is,” Daley told the Examiner in 2022. “Add in that a lot of the supervisors think they’re ‘top-cops’ and spend their time tirelessly harassing staff with weak investigations and it just adds to the vacancy rates.”

Nearly half of security staff expressed at least some disagreement with the statements “My supervisor cares about my interests” and “Employees are treated fairly in my work unit.” 

About 1 in 10 strongly disagreed with the statement “My supervisor treats me with dignity and respect,” with about a quarter expressing at least some disagreement. About three-quarters at least somewhat agreed that they have positive relationships with their colleagues. 

Close to 40% of security staff expressed at least some disagreement with the statements “Work rule violations are not tolerated” and “I can disclose a suspected violation of a rule, law, or regulation without fear or reprisal” in the 2022 survey.  

Some individual facilities have vacancy rates for correctional officers and sergeants that are higher than the overall number for adult facilities, including  20.5% at Waupun Correctional Institution. Waupun has seen several prisoner deaths and staff charged with crimes. 

Waupun has seen an influx of staff since September, when the vacancy rate was 42%. Sarah Cooper, administrator of the DOC’s division of adult institutions, said at a public meeting in September that other staff were sent to assist Waupun. For example, Waupun also had 40 supplemental staff per pay period, she said. 

Correctional officers and sergeants are far from the only staff in Wisconsin prisons. The Department of Corrections has varying levels of vacancies of other staff. Some of the highest vacancy rates are 22% for social services and 21% for psychological services. 

Prison Policy Initiative argues for addressing staffing issues through decarceration

While Wisconsin’s large pay raises have garnered credit for bringing in new staff, the state hasn’t yet seen whether current efforts will fully staff Wisconsin prisons. A briefing published last week by the Massachusetts-based Prison Policy Initiative challenged the idea that the U.S. can solve prison staffing problems through recruitment. 

The research and advocacy group argued that decarceration would be more effective in addressing understaffing than pay raises, lowering employment requirements, offering staff wellness programs or constructing new facilities. 

The group promoted reducing the prison populations through parole, other forms of release and taking steps to decrease the number of people admitted to prison. 

As of Dec. 6, Wisconsin’s adult prisons held over 23,000 people, more than 5,000 people higher than design capacity. The adult prison population has risen over 2,500 from fiscal year 2022 to fiscal year 2024. 

Incarcerated people face the worst harms of understaffing, the PPI argued, but they noted health risks that employees face, including injury, exposure to infectious diseases and high rates of post-traumatic stress disorder and depression. 

“Unfortunately, there’s only so much that a pay raise can do to ameliorate that,” said Wanda Bertram, communications strategist for the Prison Policy Initiative. 

A 2018 survey of Washington State Department of Corrections employees found that prison employees experience PTSD at a rate equivalent to Iraq and Afghanistan war veterans and higher than police officers. These jobs take a lot out of people, Bertram said. 

In Wisconsin’s adult prisons, 452 assaults on staff took place in fiscal year 2024, according to Department of Corrections data. The incident rate was 19.6 assaults per 1,000 incarcerated people, which is the highest it’s been since at least 2013, the earliest year available. These numbers are for adult institutions and many of the assaults involve prisoners spitting or throwing bodily substances (fewer than half involve battery, physical injury or sexual assault).

How long new staff stay in corrections also matters, and Bertram pointed to challenging turnover rates found in a 2020-2021 survey. The job isn’t for everyone, said Hoffman, the former GBCI correctional officer. 

“Historically speaking, from the time that I started there to the time that I left… if 10 new people would start at one point, usually half would quit,” Hoffman said. “Because they didn’t want to work in that environment.” 

Former officers’ thoughts on Act 10

Former correctional officer Denis O’Neill. Photo courtesy of Denis O’Neill.

Former correctional officer Denis O’Neill has had complicated feelings about Act 10. He said he would’ve liked to have more money in his pocket, but he said the act was for the greater good of Wisconsin and saved billions for taxpayers. 

In Verdegan’s book, O’Neill recounts the story of a fight in 2015 with an incarcerated man who was attacking a staff member. Verdegan wrote that there was “no question O’Neill was fighting for his life.” 

O’Neill left GBCI with a medical termination and had physical, cognitive and speech therapy, Verdegan wrote. He had at least four documented concussions while working at GBCI. O’Neill told the Examiner that he had to go back to doctors he was seeing and get new paperwork after the state said they didn’t receive the original documents. 

“It’s their job to make it as hard as possible as they can for you so that you get sick and tired of doing everything and you forget about it,” O’Neill said. “That’s the game I felt that was being played.”

Denis O’Neill’s GBCI badge | Photo courtesy Denis O’Neill

O’Neill said he received his benefits after a state senator stepped in. He thinks the union could have taken care of the issue for him if it had not been disempowered under Act 10.

“I could’ve just continued to work on my recovery,” he said. 

Kimberly Verdegan, a former GBCI correctional officer who is married to Joe Verdegan, thinks prison jobs are less desirable than teaching jobs and that the passage of Act 10 didn’t take this into account. 

“Not to say that a teacher’s job isn’t important,” Kimberly Verdegan said. “But they have their holidays off, they go home at night. They don’t get forced to stay another shift.”

The Wisconsin Department of Corrections declined comment for this story, and AFSCME Council 32 did not respond to requests for comment. 

Update: This story has been updated with the most recent data on staff vacancies and prison assaults.

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Grief and talk of action after a school shooting in Madison

By: Erik Gunn

Several hundred people gathered on the Capitol Square in Madison Tuesday evening for a vigil following a school shooting Monday that left three dead and injured six other people. (Erik Gunn | Wisconsin Examiner)

A day after a student killed two people, injured six others and took her own life at a Madison private school, public officials and community members mourned and processed their own trauma from the devastating violence.

“It is OK to ask for what you need to take care of your own mental health,” said Madison Mayor Satya Rhodes-Conway at a vigil on Madison’s Capitol Square Tuesday evening. “Please. Please. Let us be a community where it is okay to ask for help. Let us be a community where, when we see someone who needs help, that we are the first to extend our hands and to offer resources where they are needed. Let us be a community that takes care of each other. That is where our focus is right now — on caring for everyone who has been impacted by this gun violence.”

The vigil was organized by the Boys & Girls Club of Dane County. “We come together to begin the healing journey for our children and to support one another in this face of another school shooting that has hit our community,” said Michael Johnson, the organization’s president. “Let us remind each other that we are loved, that we are valued and we are not alone in this difficult time.”

“Violence in our community is preventable,” said state Rep. Sheila Stubbs (D-Madison). “We must not stand silent, but instead be moved to action.” She quoted Rev. Jesse Jackson, the civil rights activist: “At the end of the day, we must go forward with hope and not backwards by fear and division.”

The U.S. and Wisconsin flags are at half staff through Dec. 22 in commemoration of those killed and wounded in Monday’s school shooting in Madison. (Erik Gunn | Wisconsin Examiner)

Elected officials have united in expressing grief at the shooting. Following through on his announcement Monday, Gov. Tony Evers signed an executive order Tuesday morning calling for the U.S. and Wisconsin flags to be flown at half staff on all state buildings through Sunday, Dec. 22, as well as on the date of each victim’s funeral.

In the well of the U.S. House Tuesday, U.S. Rep. Mark Pocan, flanked by a bipartisan group of six of Wisconsin’s eight House members, led a moment of silence in recognition of those affected by the shooting. 

“These were innocent lives, innocent victims of senseless violence, and we mourn their loss with their families and loved ones and the entire Abundant Life Community,” Pocan said. He thanked law enforcement, first responders and health care workers who went to the scene or treated the victims. He emphasized as well that not just the dead and wounded, but the school community, its students, staff and parents, are all victims.

Pocan, like many Democratic lawmakers, has long been an outspoken advocate for tougher gun laws aimed at curbing gun violence. He alluded to that cause in his House speech, saying, “We must do better and we must turn these moments of silence into moments of action.”

But Pocan demurred from discussing specific policy talking points.

At a WisPolitics panel, Assembly Democratic leader Rep. Greta Neubauer cited direct policy changes that Democrats in the Legislature have tried in vain to pass over the last several years, only to be blocked by large Republican majorities: red flag laws that enable authorities to take guns from people perceived to be dangerous and universal background checks on all gun purchases. With a narrower GOP majority in both houses, she said, she hopes measures such as those could advance in the session starting in January.

Meanwhile, on the same panel, incoming Republican Senate President Mary Felzkowski highlighted concerns ranging from violent entertainment to social media — rather than firearms — as potential targets for regulation to reduce gun violence. 

In a television interview, Wisconsin Senate Majority Leader Devin LeMahieu (R-Oostburg) told Emilee Fannon of TV station CBS 58 that he would support a request by Wisconsin Attorney General Josh Kaul for $2.3 million in the state’s 2025-27 budget to continue permanent funding for the Office of School Safety in the Wisconsin Department of Justice. The office provides K-12 schools with resources to improve security measures and trains school staff on handling traumatic events and crisis prevention and response. It also runs a round-the-clock tip line.

The office became a partisan flashpoint in the Legislature’s 2023-25 budget deliberations after Republicans rejected funding and Democratic lawmakers attacked their decision. The state DOJ subsequently extended its operation by redirecting $1.3 million in federal pandemic relief funds.  

In the hours after the shooting, elected officials were unanimous in their expressions of grief while dividing along party lines in their policy responses.

 “Today’s tragedy is shocking, senseless and heartbreaking,” Assembly Speaker Robin Vos (R-Rochester) said Monday

“My thoughts and prayers are with the students, parents and faculty who will have to live with the trauma and grief of this day for the rest of their lives,” he said. “There are no words to adequately express condolences to those who have lost loved ones or to express gratitude for the first responders who were on scene for this violence.”

The statement made no reference either for or against legislation to address gun violence. 

Democratic lawmakers weren’t so reticent. 

“Right now, it’s hard to think of a greater moral failing as a nation and society than our inaction and unwillingness to keep our children safe from gun violence,” said Sen. Kelda Roys (D-Madison). “We do not have to accept this as an ordinary part of life. No other country does. Indeed – guns are the number one cause of death for American children, and that is a policy choice.”

At a news conference hours after the shooting Monday, Rhodes-Conway largely kept her focus on trauma and healing. “I am on record that I think we need to do better in our country and our community to prevent gun violence,” she said, adding that solutions should be the work of the whole community. A little later, she added: “But first and foremost, what needs to be a priority for all of us is supporting our young people, and that is where our community’s attention needs to turn at this point in time.”

And at Tuesday night’s vigil, she kept the attention on those who had immediately responded to the crisis. “Our community showed up in a big way, and is still continuing to show up,” Rhodes-Conway said. “Ultimately, that’s what gives me hope.”

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Three dead, including shooter, after shooting at Abundant Life Christian School in Madison

Madison Police Chief Shon Barnes delivers updates about the Dec. 16, 2024 school shooting at Abundant Life Christian School on Madison's east side. (Henry Redman | Wisconsin Examiner)

This story was updated on Monday at 9:39 p.m.

Three people are dead and another six are in the hospital after a shooting at Abundant Life Christian School on Madison’s east side Monday morning. The shooter, who was a student at the school, is among the dead, according to Madison Police Chief Shon Barnes.

Two of the injured victims, both students, remain in critical condition while the other four have non-life threatening injuries, Barnes said at a mid-afternoon press conference. 

Barnes identified the shooter at a Monday night press conference as Natalie Rupnow, 15, who went by the name “Samantha,” and said she appeared to have died from a self-inflicted gunshot wound.

Gov. Tony Evers issued a statement decrying the shootings and announced he would order flags to fly half-staff across the state through Sunday, Dec. 22.

“As a father, a grandfather, and as governor, it is unthinkable that a kid or an educator might wake up and go to school one morning and never come home. This should never happen, and I will never accept this as a foregone reality or stop working to change it,” Evers said.

“Today my focus is on supporting these families and kids and the Abundant Life community, and the state stands ready to support them and the efforts of local law enforcement through what will undoubtedly be difficult days ahead.”

Police responded to the shooting at the K-12 private school shortly before 11 a.m., Barnes said. While clearing the building, officers found the person they believe to be responsible already dead, along with the other two people who were killed, one a teacher and the other a student. No officers fired their weapons during the incident.

Police searched a home on Madison’s North Side late Monday afternoon and evening and said the search was in connection with the shooting.

The shooter used a handgun, Barnes said. Her family was cooperating in the investigation, but there was no immediate information about what the individual’s motives may have been.

“You ask me about why, but I don’t know why, and I felt like if we did know why, we could stop these things from happening,” Barnes said.

In a statement, President Joe Biden called the shooting “shocking and unconscionable” and urged Congress to enact “Universal background checks. A national red flag law. A ban on assault weapons and high-capacity magazines.” 

Biden was briefed earlier Monday about the shooting according to the White House press pool. 

At an earlier news conference, Barnes lamented the incident and its impact on the school and the community. 

“​​I’m feeling a little dismayed now, so close to Christmas, every child, every person in that building is a victim and will be a victim forever,” Barnes said. “These types of trauma don’t just go away. We need to figure out how to piece together what exactly happened right now. My heart is heavy for my community. My heart is heavy for Madison. We have to come together as a community and figure out what happened here and make sure that it doesn’t happen at any other place that should be a refuge for students in our community.”

Families of students showed up at the school before noon and at mid-afternoon were still lined up in their cars down Buckeye Road on Madison’s East Side waiting to be reunited with their children. Officials said they would not release information about the victims until families had been notified. 

Madison Mayor Satya Rhodes-Conway emphasized the community-wide impact of the incident.

“This is a whole of government response,” Rhodes-Conway said. “It is not just police and fire. It is not just the city of Madison, and we have folks from all around the country, we have folks from multiple agencies engaged in both the initial immediate response and the ongoing support.”

She and Dane County Executive Melissa Agard emphasized the importance and availability of mental health assistance to anyone who may have been touched by the incident.

“If anyone needs mental health support as a result of this incident and the coverage of it, I encourage them to reach out” via the 9-8-8 emergency mental health line, which takes calls and text messages, Rhodes-Conway said. “It is incredibly important that we take care of our community in this very difficult time.”

“To all of those who are grieving in our community, please know that you’re not alone,” Agard said. “Dane County stands with you. We’re here to support you in any way possible — please reach out and ask for help.”

Barnes said he has been in contact with officials at the Department of Alcohol, Tobacco and Firearms and the FBI. 

Although the Madison Police Department had earlier reported five deaths in the shooting, spokesperson Stephanie Fryer said that was based on information from the hospital where the victims were taken. Hospital personnel later updated the number of deaths to three people, she said. 

This story has been updated with new information from the Madison police as well as city and Dane County officials.

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Ecological concerns loom as new legal actions filed against Enbridge Line 5

A sign protesting Enbridge Line 5 in Michigan. (Laina G. Stebbins | Michigan Advance)

“The land does not belong to us, it is borrowed by us from our children’s children” said Robert Blanchard, chairman of the Bad River Band of Lake Superior Chippewa. “We harvest our wild rice from the waters, we hunt from the land, fish from the lake, streams, and rivers to feed our families and gather the medicines to heal our relatives.” 

The Bad River Band cites this relationship with the land in its fight against the Enbridge Line 5 pipeline, which has operated in trespass on the Bad River Band’s reservation for years. Now, the Band and its allies are challenging the Wisconsin Department of Natural Resources (DNR) decision to grant permits that the Canadian oil company Enbridge will need to construct a re-route of the pipeline. The new route no longer trespasses on the reservation, it will still run through the Bad River watershed. The tribe and a coalition of state environmental groups say a spill in that area could be devastating.

Last Thursday, Midwest Environmental Advocates, 350 Wisconsin, the Sierra Club of Wisconsin and the League of Women Voters of Wisconsin filed a petition for a contested case hearing with the DNR, challenging DNR permitting for Line 5. Shortly after filing the challenge, Midwest Environmental Advocates received a report of a 69,000-gallon oil spill in Jefferson County.

According to an accident report shared with Wisconsin Examiner, the spill originated from Enbridge’s Line 6 pipeline. Some 1,650 barrels of crude oil are estimated to have leaked from the pipeline, with 42 gallons to a barrel. When plugged into Google Maps, GPS data in the accident report point to a roadway running through a grassy, wooded area. The map shows that the spill occurred near a waterway that flows into Lake Ripley, not far from a group of nature preserves and campgrounds. Although the pipeline segment had a leak detection system, the accident report states that this didn’t alert anyone to the leak, which was first noticed on Nov. 11 by an Enbridge technician.

Line 6 is one of four pipeliness that run from Superior, Wisconsin, to Illinois. It carries crude oil from Superior to Lockport, Illinois.

Anti-Line 5 graffiti at Enbridge’s pumping station in Mackinaw City, Mich., May 12, 2021. (Laina G. Stebbins | Michigan Advance)

Tony Wilkin Gibart, executive director of Midwest Environmental Advocates, said in a statement that the Line 6 spill highlights the dangers of Line 5. “Consider that in the very same week that DNR issued permits for Line 5 based on its conclusion that the risk for a spill would be ‘low,’ DNR was investigating a significant oil leak on another Enbridge pipeline in Wisconsin,” said Gibart. “DNR’s reasoning for approving Line 5 defies common sense.”

In November, the DNR decided to issue wetland and waterway permits to Enbridge as a step towards moving the pipeline off the Bad River reservation. The DNR highlighted that the wetland permits would include over 200 conditions which Enbridge would need to honor, and which would keep the company in compliance with Wisconsin’s wetland and waterway standards. Both the DNR and the U.S. Army Corps of Engineers would need to approve the permits before construction of the reroute could begin. 

“Many of our people will feel the effects if we lose these resources,” said Blanchard. “In my view, the DNR failed our children when it gave Enbridge the permits to build this reroute. They failed to consider the company’s multiple disasters in Minnesota and in Michigan, which are still being cleaned up. They failed to consider our tribe, our water quality, and the natural resources of the entire Bad River watershed. As a tribal chairman and an elder, it’s my responsibility to protect the generations still to come. That’s why we are fighting this reroute in court.”

The Band is represented by EarthJustice in a lawsuit filed against the DNR which, like the petition filed last week by the environmental groups, accuses the state agency of producing an inadequate final Environmental Impact Statement on the reroute which violates the Wisconsin Environmental Protection Act. 

Blanchard highlighted his tribe’s reliance on wild rice fields growing along the Bad River and Lake Superior, as well as natural medicines, wild game, and the land itself which are crucial to the Bad River Band’s cultural practices and way of life. Every year the tribe holds an annual wild rice harvest, and Bad River Band members hunt and gather from the land all year. 

“If something was to happen during that time, or when that pipeline is in place, you know, it’s really going to affect a lot of things that we do here, and the way that we do things here on the reservation as far as our way of life,” Blanchard warned. 

Currently the Line 5 pipeline crosses the Bad River inside the boundaries of the reservation. If the reroute goes through,  Enbridge would construct 41 miles of new pipeline to cross the river outside of reservation land. The reroute would still place the natural resources the tribe relies on in danger if an oil spill or leak were to occur. 

Enbridge sign
Enbridge, Sti. Ignace | Susan J. Demas

Stefanie Tsosie, senior staff attorney at Earthjustice, also warned that constructing new pipeline damages natural formations and resources which are often irreplaceable. “Once construction starts they can’t undo the damage,” Tsosie said in a statement. “Enbridge has a terrible track record for pipeline construction and operation. And this place — this watershed and this territory — is not another place they can just plow through.” 

Opponents to the pipeline point to a history of ecological disasters due to spillage from Enbridge pipelines. In 2010, millions of gallons of crude oil contaminated the Kalamazoo River, creating a crisis which took years to address. Over the past 50 years, Enbridge’s Line 5 pipeline has spilled over 1 million gallons in dozens of different incidents

Today, an area known as the “meander” is also creating concern for the Bad River Band. “The river is changing course, and it does that throughout the way it runs,” said Blanchard. At the meander where the pipeline crosses,  he added, “If we have high water events, flooding, harsh winter with a lot of ice build up, and all that breaks loose in the spring, then we get this high water that very well could take that pipeline out, and cause a spill.”

A billboard promoting Enbridge Inc. (Susan Demas | Michigan Advance)

The tribe is monitoring the situation regularly, but this does little to ease their anxieties. The meander is “quite difficult to get to,” said Blanchard, and it’s also just one area of concern along the pipeline’s route. “A few years back, we had an exposed pipeline coming down one of the sidehills up there,” said Blanchard. “There was quite a ways where the pipeline was exposed and just kind of hanging in mid-air, which could have been disastrous if it wasn’t found and something done about it.”

If Line 5 were rerouted, it would still go through other wetlands and habitats outside the reservation. “These are some of the most treasured areas in Wisconsin,” said Brett Korte, an attorney with Clean Wisconsin. “When we think of the beauty of our state, our precious freshwater resources, the places we must protect, these areas are at the top of the list.” 

In a statement, Korte added, “This push from Canadian oil giant Enbridge is getting national attention because what it’s proposing to do here in Wisconsin is dangerous.”

This report was updated with additional information about Line 6.

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Dane Co. domestic violence prevention organization finds some judges lenient with abusers

Dane County's DAIS held an Oct. 1 rally for Domestic Violence Awareness Month. (Henry Redman | Wisconsin Examiner)

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation

A report released Thursday from Dane County’s Domestic Abuse Intervention Services (DAIS) found that Dane County judges grant restraining orders against perpetrators of intimate partner violence in 34% of cases. 

The report found that even when a judge grants a restraining order, it is often not for the amount of time requested by the victim — despite state law requiring that the order be for the length of time requested by the petitioner. 

State law allows judges to impose restraining orders on domestic abusers for up to four years in most cases, and up to 10 years when it can be proven the abuser is especially dangerous. But in a handful of cases, the report found, a judge granted restraining orders for only two years to allow a “cooling off period” for the people involved despite “serious lethality concerns testified to in the hearing.”

Kianna Hanson, the legal advocacy program manager at DAIS, said at an event announcing the report’s findings Thursday morning that the “cooling off period” is a myth and that judges should follow the law. 

“The fallacy of the cooling off period, which some judges have cited as a reason for choosing to grant an injunction from less time than the petitioner has requested, which in domestic abuse injunction goes against [state law],” Hanson said. “This mythology around domestic abuse cases is harmful because it suggests that domestic abuse could be the result of anger or not being able to control one’s emotion, when in reality, domestic violence is most often a conscious choice that is rooted in gaining power and control over one’s partner.”

The report was completed by a team from DAIS and other community organizations to observe more than 800 hearings in Dane County Circuit Court from April 2023 to April 2024. At the Thursday morning event, Wisconsin Supreme Court Justice Jill Karofsky said the report was a step toward trying to make Wisconsin’s legal system a better place for everyone involved in it. 

“What if the legal system were different? What if the legal system were the vehicle for healing and for change?” she said. “What if people left the legal system in a better place than where they entered, and I mean all of us. I mean judges and attorneys and witnesses and court reporters and victims and defendants and plaintiffs and bailiffs and advocates. What if we left work every day feeling energized and satiated and nourished instead of stressed out, depressed and exhausted, and what if the legal system itself helped us get to a better place?” 

The report found that in the vast majority of injunction hearings, 87%, the victim seeking the restraining order was there pro se, meaning they were representing themself. Just 15% of petitioners had support in court from organizations such as DAIS, who have employees who serve as court advocates to help victims navigate the legal process (but aren’t attorneys and can’t provide legal advice). 

Representation from an attorney or support from a legal advocate vastly increased the chances of a restraining order being granted, the court found. When acting on their own, petitioners had injunctions granted in 29% of cases but when assisted by an attorney or advocate, injunctions were granted 62% of the time — meaning representation increased the chances of successfully obtaining a restraining order by 114%. 

Hanson told the Wisconsin Examiner after Thursday’s event that DAIS would be able to handle more restraining order cases under its legal advocacy program, saying that because the issuance of a restraining order can be a life-or-death decision for an abuse victim, the organization would prioritize those cases. 

Domestic abuse organizations across the state face critical funding pressures after a steep decline in federal money they receive hit this fall. Advocates have warned those funding cuts could strain resources for organizations like DAIS across the state. 

The report also notes a number of comments court observers saw judges make during hearings in these cases that were interpreted as minimizing abuse, treating people of color differently and misstating the law. 

One judge, according to the report, denied an injunction over harassment, stating that he was doing so “because unwanted touching, kissing, or harassing text messages demanding explicit photos is not sexual assault,” despite state law saying it is. 

The judges are quoted anonymously in the report but DAIS staff said at Thursday’s event that in the organization’s next version of the report, it will attribute the quotes. 

Dane County Judge Julie Genovese, in attendance at the event, said during a question and answer period that she doesn’t think naming the judges will be helpful — even though the comments were made on the record in open court. 

“I’d like to say on behalf of the judges, that it would be a very helpful thing for somebody to come and present to the judges at a judge’s meeting, rather than we’re going to just identify you on our next report, to come to the judges discuss with them what are the issues, offer the training or the resources, rather than just do it in this form,” Genovese said.

Biden commutes sentences of nearly 1,500 people, pardons 39 in historic clemency action

President Joe Biden on Thursday, Dec. 12, 2024, commuted the sentences of roughly 1,500 people and granted pardons for 39 individuals with convictions for nonviolent crimes. (Photo by Caspar Benson/Getty Images)

WASHINGTON — President Joe Biden Thursday commuted the sentences of roughly 1,500 people who were placed in home confinement during the coronavirus pandemic, and granted pardons for 39 individuals with convictions for nonviolent crimes.

“America was built on the promise of possibility and second chances,” Biden said in a statement. He noted many of the 1,500 were serving long sentences that would be shorter under current laws, policies and practices.

As the Biden administration winds down, it’s the largest single-day grant of clemency in modern day history.

The president added that his administration will continue to review clemency petitions before his term ends on Jan. 20. There are more than 9,400 petitions for clemency that were submitted to the White House, according to recent Department of Justice clemency statistics. 

“As President, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for non-violent offenders, especially those convicted of drug offenses,” Biden said.

Those 39 people who received pardons included 67-year-old Michael Gary Pelletier of Augusta, Maine, who pleaded guilty to a nonviolent offense, according to the White House, which provided brief biographies of the pardoned individuals.

After his conviction, Pelletier worked for 20 years at a water treatment facility and volunteered for the HAZMAT team, assisting in hazardous spills and natural disasters. He now grows vegetables for a local soup kitchen and volunteers to support wounded veterans.

Another pardon was granted to Nina Simona Allen of Harvest, Alabama.

Allen, 49, was convicted of a nonviolent offense in her 20s, the White House said. After her conviction, she earned a post-baccalaureate degree and two master’s degrees and now works in the field of education. Additionally, she volunteers at a local soup kitchen and nursing home.

Hunter Biden pardon

The clemency action came after the president gave a full pardon for his son, Hunter Biden, on gun and tax charges and any other offenses, from 2014 until December. The president previously stated he would not pardon his son, but changed his mind because he said his son was constantly targeted by Republicans.

Other clemency actions Biden has taken include commuting sentences of those serving sentences for simple possession and use of marijuana under federal and District of Columbia law and a pardon of former U.S. service members who were convicted under military law of having consensual sex with same-sex partners — a law that is now repealed.  

Additionally, advocates and Democrats have pressed Biden to exert his clemency powers on behalf of the 40 men on federal death row before President-elect Donald Trump returns to the White House. Democrats have pushed for this because Trump expedited 13 executions of people on federal death row in the last six months of his first term.

The co-executive directors of Popular Democracy in Action, a progressive advocacy group, Analilia Mejia and DaMareo Cooper, said in a joint statement that Biden should “not stop now.” 

“Thousands more of our people who have been wronged by an unjust system are still waiting for freedom and compassion,” they said.

Those with nonviolent offenses who were pardoned by the president, according to the White House:

Alabama

Nina Simona Allen

California

Gregory S. Ekman

Colorado

Johnnie Earl Williams

Connecticut

Sherranda Janell Harris

Delaware

Patrice Chante Sellers 

District of Columbia

Norman O’Neal Brown

Florida

Jose Antonio Rodriguez

Illinois

Diana Bazan Villanueva 

Indiana

Emily Good Nelson

Kentucky

Edwin Allen Jones

Louisiana

Trynitha Fulton

Maine

Michael Gary Pelletier

Maryland

Arthur Lawrence Byrd

Minnesota

Kelsie Lynn Becklin

Sarah Jean Carlson

Lashawn Marrvinia Walker 

Nevada

Lora Nicole Wood 

New Mexico

Paul John Garcia

New York

Kimberly Jo Warner 

Ohio

Duran Arthur Brown

Kim Douglas Haman

Jamal Lee King

James Russell Stidd

Oklahoma

Shannan Rae Faulkner

Oregon

Gary Michael Robinson

South Carolina

Denita Nicole Parker

Shawnte Dorothea Williams

Tennessee

James Edgar Yarbrough

Texas

Nathaniel David Reed III 

Mireya Aimee Walmsley

Lashundra Tenneal Wilson

Utah

Stevoni Wells Doyle

Virginia

Brandon Sergio Castroflay

Washington

Rosetta Jean Davis

Terence Anthony Jackson

Russell Thomas Portner

Wisconsin

Jerry Donald Manning

Audrey Diane Simone

Wyoming

Honi Lori Moore

Trump attorneys, campaign operative make initial appearance in fake elector case

Former Dane County Judge James Troupis appears in court on Dec. 12. He faces felony forgery charges for his role in developing the 2020 false elector scheme to overturn the election results for Donald Trump. (Screenshot | WisEye)

Two former attorneys and a campaign staff member for President-elect Donald Trump made their initial appearance in Dane County Circuit Court Thursday in the felony cases against them for their roles in hatching the scheme to cast false Electoral College votes for Trump following the 2020 election. 

Of the three men charged, Michael Roman, James Troupis and Kenneth Chesebro, only Troupis appeared in court in person. The other two appeared over the phone. All three were granted signature bonds with the condition that they not have any contact with the ten Wisconsin Republicans who cast Electoral College votes for Trump in 2020. 

All three men face 11 counts of felony forgery. 

Multiple recounts, lawsuits and investigations have found that Trump lost the 2020 election in Wisconsin. Still, after that election, the three men worked to develop the plan that involved false slates of electors casting votes for Trump in Wisconsin and other states. The false slates of electors provided a pretext for  the Jan. 6, 2021 attack on the U.S. Capitol. 

After the hearing, Troupis called the charges “lawfare in all its despicable forms,” saying Wisconsin Attorney General Josh Kaul has “doubled down on a vicious strategy to destroy our very faith in the system of justice by using the courts for his own personal political game.”

On Wednesday, the voting rights focused firm Law Forward filed an ethics complaint against Troupis, a former Dane County Circuit Court judge, with the state Office of Lawyer Regulation. The grievance alleges that Troupis’ role in developing the fake elector scheme subverted the will of the people and violated state rules for attorney conduct. 

“Our democracy depends on attorneys adhering to their ethical obligations,” Jeff Mandell, President and General Counsel of Law Forward, said in a statement. “Troupis violated those obligations by advancing falsehoods, enabling fraud, and undermining the rule of law. This grievance seeks to hold him accountable and ensure that such abuses of the legal profession are never repeated.”

The three men are next scheduled to appear in court on Jan. 28.

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New details emerge about death of woman in Milwaukee jail

Kerrie Hirte, the mother of Cilivea Thyrion, looks over autopsy reports sent by the medical examiner. (Photo | Isiah Holmes)

Kerrie Hirte, the mother of Cilivea Thyrion, looks over autopsy reports sent by the medical examiner. (Photo | Isiah Holmes)

On a recent chilly November evening, Kerrie Hirte confronted a piece of mail she’d both anticipated and dreaded. Sitting at her kitchen table, beneath a picture of her late daughter Cilivea Thyrion, 20, Hirte examined the contents of an orange envelope from the Milwaukee County Medical Examiner’s Office. Inside were unredacted autopsy reports, with details that raised new questions about her daughter’s death in the Milwaukee County Jail nearly two years ago. 

Hirte invited the Wisconsin Examiner to her Green Bay home to accompany her when she first viewed the unredacted autopsy reports. They show that correctional officers were aware that Thyrion, who died after eating pieces of an adult diaper while on suicide watch, had a previous history of eating the very item she was given the day she died. In autopsy protocol records, the medical examiner also noted evidence of blunt force injuries to Thyrion, including injuries to her head, lower extremities, liver, and ribs. 

The reports described the scene of Thyrion’s death on Dec. 16, 2022. By then, Thyrion had been in the jail just two days short of 10 months. Thyrion was arrested by the Wauwatosa Police Department in February, after getting in a fight at her residence and charged with felony suffocation/strangulation and misdemeanor battery. Thyrion died before she was sentenced for the charges. 

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation

According to the records later mailed to Hirte, medical examiner investigators found Thyrion “lying on a bare metal slate” with her arm “resting on a green mattress pad on the floor.” The green mattress was one of the only items in the cell besides a toilet, sink, a paperback book and intercom. Thyrion had been housed in the jail’s Special Needs Unit, where she’d been on suicide watch since Dec. 11. “It is unknown at this time what [led] to her needing this type of cell and supervision,” the medical examiner’s investigation report states.

On the morning of Dec. 16, Thyrion pushed the assistance button inside her cell to call guards for help. When correctional officers arrived, they saw Thyrion gesturing towards her neck. After gathering other correctional staff, they called 911 as it was apparent that the 20-year-old was suffocating. The medical examiner’s report states that correctional officers performed a Heimlich maneuver to help Thyrion clear whatever she was choking on. The report states that correctional officers called 911 three times, but Thyrion was unconscious by the time medics arrived. 

An investigation by the Waukesha County Sheriff’s Department found that Thyrion had ingested an adult diaper, which correctional officers gave her while she was on suicide watch. Although why the diaper was provided is redacted in Waukesha’s reports, interviews with correctional officers strongly imply that it was to help Thyrion deal with her menstrual cycle. In a letter stating that no charges would be filed for Thyrion’s death, the Milwaukee County District Attorney’s Office wrote that the guards tried unsuccessfully to find underwear made specifically to limit self-harm risks, but could only find an adult diaper. The district attorney’s letter states that “they wanted to meet a basic need for Ms. Thyrion and did not consider that the diaper could be used in a way to self-harm.”

What correctional officers knew about Thryion’s self-harm risks is woven in and out of the redactions in the Waukesha sheriff’s investigation. One interview of a correctional officer noted that the guard “was aware of Thyrion’s history and had conversations with her about [redacted]”, and that the guard was “very sad about the situation because nobody thought that Thryion would hurt herself by [redacted] and they were just trying to make her ‘feel like a woman.’” 

Posters and images of Cilivea are found throughout her mother's Green Bay home. (Photo | Isiah Holmes)
Posters and images of Cilivea are found throughout her mother’s Green Bay home. (Photo | Isiah Holmes)

Yet, the medical examiner’s scene report states that “according to Correctional Officers (CO) and jail staff, [Cilivea] had a history of trying to swallow inedible objections (sic) including plastic forks and diapers. She was seen trying to swallow unspecified objects today around 1030 hours and it is believed that she was unsuccessful at actually swallowing anything.” After reading that section of the report Hirte wondered why her daughter would be given a diaper if jail staff were aware of the risk. “They make it sound like they just gave her diapers all the time,” Hirte told Wisconsin Examiner. 

After reading a portion of the reports stating that Thyrion had no next of kin, but that detectives were aware that she’d called an unknown female, Hirte began to weep. While Thyrion was incarcerated, Hirte recalled talking to jail health care staff “several times about Cilivea.” She told Wisconsin Examiner that her daughter had signed “a release of information so that I could find out what was happening to her in there. And when you’re reading that [the medical examiner reports] it makes it sound like they had no idea who she was talking to. When they know darn well it was me.”

According to the medical examiner report, jail staff “stated they were not aware of any triggers, upcoming court proceedings, or recent events that would make Cilivea want [to] harm herself today or for any of the past self harm attempts.” 

Hirte wonders if jail staff knew that Thyrion had swallowed plastic forks and diapers before, and if so,  “why would you give her anything then?”

In late 2023, among Thyrion’s belongings released to Hirte by the jail was a handwritten note from Thyrion requesting to see a nurse. “I think I need a med adjustment,” Thyrion wrote. Electronic messages Thyrion sent jail staff throughout her incarceration also show that she regularly communicated her needs, without many results. The messages were obtained by Wisconsin Examiner through open records requests. 

Kerrie Hirte, the mother of Cilivea Thyrion, looks over autopsy reports sent by the medical examiner. (Photo | Isiah Holmes)
Kerrie Hirte, the mother of Cilivea Thyrion, looks over autopsy reports sent by the medical examiner. (Photo | Isiah Holmes)

In late March 2022, Thyrion messaged jail staff asking to be moved to another part of the facility because activity going on in her pod was “mentally upsetting.” The following month in April, Thyrion wrote complaints about jail staff mocking her with “fat jokes” and being rude. In June, Thyrion was denied access to the gym, and made multiple requests for a Bible and hygiene products. 

Redactions in the messages obscure crucial details about Thryion’s needs. Anything related to Thyrion’s mental health history, including the word “suicide” is redacted in most reports. “I have not been [getting] my [redacted] and I don’t know why. I really need it. I have been getting really bad [redacted],” she wrote on June 29, 2022. In August, she reported being verbally threatened by a correctional officer, and asked why she wasn’t getting her mail. When she asked to speak with friendlier and familiar jail staffer, Thyrion was denied. “I promise to be better,” Thyrion wrote in the electronic messages. “I Just need to talk to her please she’s a good friend she’s great to talk to please she was in cell four please I’m sorry.” 

On Dec. 2, 2022, court records show that Thyrion’s sentencing had been scheduled for January 2023. In her last message sent on Dec. 12 to jail staff, just four days before her death on Dec. 16, Thyrion reported that jail staff had used her cell’s intercom system to call her fat, pathetic, and that “no one in my family should have raised an inmate” and that “it all started because I threw up my food and she said that maybe if I stopped eating everything I would not be throwing up.”

 

RECORD REQUEST FORMS_Redacted

Records from the Milwaukee County Jail showing correspondences between Cilivea Thyrion and jail staff during her time at the jail, obtained through open records requests.

 

Thyrion’s messages to jail staff about harassment and neglect, her note asking for “a med adjustment,” the medical examiner’s note that correctional staff knew about her history of ingesting objects like diapers (seemingly at odds with the district attorney’s letter mentioning that jail staff didn’t consider the diaper to be a self-harm risk), and their subsequent decision to furnish an ordinary diaper rather than one designed to prevent self-harm, raise serious questions about the lack of accountability in her case. Hirte feels what happened to her daughter was intentional, “because they gave her something and then walked away.” 

A memorial for Cilivea Thyrion, who died in the Milwaukee County Jail in 2022, erected in her mother's Green Bay home. (Photo | Isiah Holmes)
A memorial for Cilivea Thyrion, who died in the Milwaukee County Jail in 2022, erected in her mother’s Green Bay home. (Photo | Isiah Holmes)

With many crucial details about Thyrion’s medical history at the jail hidden behind black inked redactions, these various pieces form a picture of what her life inside the jail was like. Normally, the Milwaukee County Medical Examiner’s Office does not release autopsy protocols. As Thyrion’s mother, however, Hirte was sent an unredacted copy which was also reviewed by Wisconsin Examiner. The report notes “blunt force injury” including an abrasion to Thyrion’s head, fractures to four ribs, and contusions or abrasions to her abdomen, liver, left hand, and “lower extremities and the bottom of the right foot.” Instead of food, plastic fragments were found in Thyrion’s stomach, and “a crumpled piece of cloth fabric” in her large intestine. 

“To me,” Hirte told Wisconsin Examiner,  “it’s like, should she have been in the hospital if she had that towel in her large intestines?” A few days after viewing the autopsy reports, Hirte traveled from Green Bay to Milwaukee, to speak before a Milwaukee County committee reviewing an audit of the Milwaukee County Jail. The audit revealed “systemic issues ranging from dangerous suicide watch practices and a mental health challenge to critical staffing shortages and occupant overcrowding.” 

Auditors noticed “unsafe restraining of occupants” on suicide watch, including being handcuffed to benches for hours at a time. Although the jail places an average of 36 people in suicide watch on a weekly basis, mental health assessments were inconsistent. While auditors were visiting the jail, staff realized that someone on suicide watch had not been logged on a white board. “This discrepancy highlights a critical breakdown in communication and procedure,” the auditors wrote. There was also a backlog of 51 people awaiting competency evaluations. Despite there being a high number of pre-trial jail occupants taking psychotropic drugs, suggesting “a significant mental health burden within the jail” according to the audit, medications are distributed in bulk stock, meaning they’re not individually prescribed or even properly labeled with instructions on how to take the drugs. 

A memorial for Cilivea Thyrion, who died in the Milwaukee County Jail in 2022, erected in her mother's Green Bay home. (Photo | Isiah Holmes)
A memorial for Cilivea Thyrion, who died in the Milwaukee County Jail in 2022, erected in her mother’s Green Bay home. (Photo | Isiah Holmes)

The auditors also found a lack of supervision and clear duties for correctional staff in the jail’s restrictive housing units, and found that the jail’s suicide prevention policies — while complying with Department of Corrections (DOC) regulations — lacked “specificity and clarity.” The auditors warned that “this vagueness hinders consistent and effective implementation of critical procedures, particularly those related to suicide watch.” Throughout the audior’s visit, the auditors recommended that the Milwaukee County Sheriffs Office and its contracted jail health care provider Wellpath emphasis suicide prevention training and address staffing shortages, lack of supervison, and the various nonfunctioning light fixtures, graffiti, and damaged windows which create an unfavorable atmosphere within the jail.

Thyrion’s death came as part of a string of six deaths within the jail over a 14-month period. During the audit committee hearing on Dec. 2, Milwaukee County Sheriff Denita Ball said that after each death, the office does a review to see what could be done better. As a result, Ball said before a committee of county supervisors, there hasn’t been a suicide at the jail since January 2023. “We’re putting things in place that is helping,” said Ball. “One death is one too many.” 

After the sheriff spoke, the floor was opened up for public comment. “From what I see from this audit shows all my concerns,” said Hirte. “It shows more. There’s stuff I didn’t even know that I now know. And I hope it opens everybody’s eyes as to why I came back here to fight for my 20-year-old daughter. The only daughter I have died, who died in the Milwaukee County Jail, they say while she was on suicide watch. This basically says how unequipped they were to handle her.” 

In November, days before the jail audit report was sent to Milwaukee County Audit Committee officials, the jail’s contracted health care provider Wellpath filed for bankruptcy.  The Milwaukee County Medical Examiner’s Office declined to comment, and the Milwaukee County Sheriff’s Office also did not respond to multiple requests for comment for this story. 

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‘First of its kind’ Wisconsin collaboration supports incarcerated youth with disabilities

Lincoln Hills, a detention facility the state had ordered closed by 2021. (Photo courtesy of the Wisconsin Department of Corrections)

When Randy Forsterling went to the Lincoln Hills juvenile prison at 16, he learned skills he still uses today, he told the Examiner. 

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation

“I’m a machine operator,” Forsterling said. “I die cast, I make transmission casings and engine blocks for one of the largest corporations in the world. A lot of the metallurgy that I learned when I was in the foundry in Lincoln Hills, I use it now — 25 years later.” 

While Forsterling doesn’t believe Lincoln Hills still has a foundry, a Wisconsin initiative is aiming to better prepare incarcerated youth with disabilities for the workforce. 

The Wisconsin Department of Public Instruction released a statement about a collaboration with the Departments of Corrections and Workforce Development that is “the first of its kind in Wisconsin.” 

“By providing these young individuals with the guidance, education and opportunities they need, we empower them to break the cycle and contribute positively to society,” State Superintendent Jill Underly said in the statement. “Supporting these kids is not only a step toward healing, it is an investment in their future and will save future taxpayer expenses.” 

The U.S. Department of Education awarded the DPI a 5-year, $10 million grant. The program aims to help youth with disabilities transition from correctional facilities into their communities, according to a DPI statement released in September. Funds will also be used for work rehabilitation training and for dyslexia screening for all youth during intake at state correctional facilities.

The project provides three different levels of support, with some youth falling into more than one level. 

Randy Forsterling told the Examiner he made an eagle with a wingspan of about four feet out of aluminum at a foundry at Lincoln Hills. The eagle is mounted on the front of a cottage. Photo courtesy of Randy Forsterling

The program intends to support all justice-involved youth with disabilities and the adults who care about them, according to an abstract on the federal Rehabilitation Services Administration’s website. They will receive support through social media campaigns and an app-based reentry toolkit. This is the broadest level of support, for 8,000 participants, the abstract says. 

The second level will support a “targeted group” of students made up of Wisconsin youth under 18 in state correctional facilities. This level involves dyslexia screening and “related intervention services” and is for 1,500 participants. 

The smallest group will receive the highest level of care, or intensive supports, the abstract says. These are students “most marginalized at the intersection of disability and justice and, often, race.” They will receive care under a model that is “trauma-informed, community-based” and facilitated by mentors. This level is for 250 participants, who will begin receiving care while incarcerated. 

Young people have a higher risk of returning to incarceration in Wisconsin 

The Department of Public Instruction’s statement compared youth to older age groups for a three-year period after release, citing an August 2021 DOC report. The report found that for a 2016 cohort, 20-24 year-olds were reincarcerated about twice as often as people aged 45 or older. 

According to the DOC’s website, of 45 people aged 19 and younger released in 2020, 33 were reincarcerated in Wisconsin within three years after release due to a new sentence or a revocation. This data is based only on readmissions to DOC prisons, so it wouldn’t include reincarceration in another state. 

Forsterling said he committed crimes when he was 20 and went into adult prison at 21; he was released to extended supervision last year. He hopes the program will take the experiences of formerly incarcerated people and staff into account. 

Good job training is important for getting a good job, Forsterling said, which helps people avoid a desperate situation that may lead to a return to crime. 

“And that’s where mentors come in very handy,” he said. 

Forsterling said he received helpful mentoring at Lincoln Hills. He mentors and supports several friends who are still incarcerated. 

Cost to incarcerate per child rises as enrollment falls 

The cost of incarceration at Lincoln Hills and Copper Lake has “ballooned” to nearly $463,000 per child per year, as enrollment has “plummeted,” Wisconsin Watch and Milwaukee Neighborhood News Service reported last week. Fewer youth means fixed infrastructure and staffing costs are spread across fewer individuals. 

A new Department of Corrections budget request would nearly double that amount, they reported. That would raise the cost to 58 times what taxpayers spend on the average K-12 public school student. 

Wisconsin’s Division of Juvenile Corrections had a population of 81 people as of a monthly report for September, including 40 at Lincoln Hills and 14 at Copper Lake. The campus was designed for more than 500 youth, the news organizations reported. 

The juvenile prisons, which have been troubled for many years and are slated for closure, received renewed scrutiny after youth counselor Corey Proulx died from injuries received in an assault in late June. Lawmakers on the 2023 Senate Committee on Judiciary and Public Safety heard testimony about safety concerns at a hearing in August. 

The DOC is under a court-ordered consent decree mandating changes at Lincoln Hills and Copper Lake after a 2018 lawsuit challenged practices such as the use of pepper spray and punitive solitary confinement. 

The DPI received the grant to assist minors with disabilities as part of the U.S. Department of Education’s Disability Innovation Fund program. The program seeks to ensure people with disabilities receive “in-demand, good-paying jobs.” Out of over 800 organizations, Wisconsin was one of 27 projects to receive the grant.

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