The Plea Deal Morass

Too many accused accept a plea deal in criminal cases. I understand that some defense attorneys see this an alternative to an expensive trial. And, many charged simply cannot defend themselves due to cost.

But, for the innocent, this a really bad deal. First, they get a criminal record for something that they didn’t do. In Wisconsin that becomes a black mark that never goes away. And there are many fees and hidden costs that the accused is ignorant of what is coming.

Another side is that this behavior tends to corrupt the justice system. After all, if a prosecutor overcharges and then expects a lower plea bargain, then he doesn’t need to have any facts to justify his case.

Finally, there is no guarantee that a plea bargain is worth it. After all, after spending ten years in prison, the personâ€™s life is shot.

I recall a case several years ago where a man charged with being a “Patriarch” pled no contest. There was little to incriminate him. The prosecutor claimed that there was sexual conduct with a minor (not by the accused) while the accused was patriarching. That is pretty nebulous. A draconian Fond du Lac judge sentenced this man to fifteen years in prison.

A recent case in Oshkosh, Wisconsin demonstrates another problem with plea deals. There are undisclosed balloon payments. The prosecutor keeps any additional penalties a secret until the day of pleading. Then they spring as much as they can on the unsuspecting prisoner.

This case began in the Summer of 2006. A group of people were target shooting on private property and were doing so in a safe manner. Country USA was playing nearby. The owner of the property, Larry Papenfuss, had complained about the loudness and the Country The USA Owner alleged that Papenfuss said he would shoot out the speakers.

When the Winnebago County Sheriff’s Department, received the reports of gunfire from the Papenfuss property, deputies rushed to the property. There was an altercation and Papenfuss was tasered. Papenfuss had not fired a weapon. Three other people on the property had. Those three are charged with disorderly conduct by use of a dangerous weapon and negligent handling of a dangerous weapon.

Papenfuss was originally charged, along with his daughter‑in‑law, with disorderly conduct and resisting arrest.

At his plea session on 18 December, 2007, Papenfuss learned that there was $49,000.00 settlement waiting the wings. Assistant Winnebago County District Attorney Michael Balskus had withheld that information since possessing it in July, 2007.

The amount stems from an insurance claim of “anticipated” compensation claims from officers who were injured on their way to the residence plus victim/witness fees (there were no victims and the police were the witnesses).

The county insurance company wants this accused to repay them for their claims. But, the officers were not injured during making arrests. They were injured in their excitement to get to a potential high‑profile crime scene. This is hardly the fault of Papenfuss, especially since he was not a shooter.

If anyone is responsible, it the Sheriff of Winnebago County. He is responsible for the behavior and training of county deputies. We citizens need and want a professional police force and the precludes deputies injuring themselves by lack of experience.

A few year ago, two Winnebago County deputies were severely injured when they responded to an accident scene. They both jumped over the railing of an overpass and struck the pavement below.

The judge at the Papenfuss hearing was upset at the withholding of information by Assistant District Attorney Michael Balskus. Winnebago County District Attorney Christian Gossett stated that this was routine practice. So Gossett believes it is ethical to withhold information from the accused.

Papenfuss might have been guilty of disorderly conduct and was acting on his attorneyâ€™s recommendations. But, this points out that prosecutors cannot be trusted and there is no point in making a plea bargain. Papenfuss might well be better off facing a jury.

I hope the three charged with the weapons violations take this to trial. It certainly looks as if this is a case of charging people simply to justify the trip and the injuries to the police rather than wrongdoing by citizens.

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