By Gretchen Schuldt

​A man who committed at least two felonies as he impregnated his first cousin and then largely ignored the resulting son is not entitled to any of that son's estate, the State Court of Appeals ruled this week.

The unsigned ruling means that Marcus Crumble will not share in the $1.4 million the estate of Brandon Johnson received last year to settle a case with the Milwaukee County Mental Health Complex stemming from the 25-year-old's death in 2012. 

Johnson died from a blood clot that moved to his lungs. His roommate told investigators that Johnson asked for help the night before, saying he could not move his legs. Staff members thought he was faking it and refused.

Crumble had minimal involvement with his son during his lifetime, a three-judge panel said in an unsigned opinion upholding a ruling by Milwaukee County Circuit Judge David Borowski. The panel included Appeals Judges Joan F. Kessler, Kitty K. Brennan, and JoAnne F. Kloppenburg. 

Crumble "had little, if any contact with Brandon before Brandon's college graduation," the opinion said. Crumble moved to California when Johnson was 5 and, while Crumble suspected he was Johnson's father, that wasn't confirmed until Johnson was 17 and his mother, Alicia Johnson, requested a DNA test. 

Crumble was subsequently ordered to pay child support, which he did until Johnson was 18. Crumble also went to his son's funeral and paid for funeral expenses.

Alicia went to court to prevent Crumble from inheriting. She argued that Crumble abandoned Marcus Johnson and so under state law was not entitled to a share of the estate.

Borowski ruled that the statute did not apply because Brandon Johnson was not a child when he died. Borowski also ruled, though, that allowing him to inherit a share of the estate would unjustly enrich Crumble. 

Crumble was 20 and Alicia was 15 when she conceived Brandon. 
​
"Under the tragic facts and circumstances of this case, including the fact that Mr. Crumble committed both statutory rape and incest, this Court will not allow a six figure windfall to be awarded to Mr. Crumble," Borowski said.

Crumble appealed, but the three-judge panel rejected his argument.

"To allow Marcus to retain a benefit conferred upon him by the estate of the son he barely acknowledged would violate both logic and the basic principles of fairness," the panel said. 

By Gretchen Schuldt

​Alphonso James kinda sorta confessed to murder.

At least he signed a paper on which a confession, written by a police detective, appeared. 

James was 17 at the time, in 1985. An evaluation done by a clinical psychologist after his arrest for allegedly killing  Delbert Pascavis put James' IQ at 75, considered borderline.

A Department of Health and Human Services evaluation after his conviction said this about James: "Alphonzo's (sic) Stanford Achievement Test scores indicate the possibility of functional illiteracy....A GED (general equivalency degree) may be grandiose."

At the time he signed the paper, he had been in custody for more than seven hours and was questioned without a lawyer. James says for part of that time the police took his clothes and left him naked. Police officers at James' 1986 trial denied that.

By Gretchen Schuldt

​It is fine and dandy for police to lie to and deceive a cognitively and socially challenged man in circumstances deliberately designed to ensure he was not entitled to a lawyer during questioning, a State Court of Appeals panel has ruled.

Lying and trickery are tactics "common in law enforcement interviews of criminal suspects," Appeals Judge Mark D. Gundrum wrote in the decision, which was joined by Appeals Judge Lisa S. Neubauer. 

"Were we to follow (defendant John) Finley's apparent suggestion that law enforcement should be limited to simply accepting a criminal suspect’s first-response denial to a one-time asked, open-ended question of 'Did you sexually assault your niece?' law enforcement may as well simply be precluded from questioning suspects altogether," Gundrum said.

Appeals Judge Paul F. Reilly, in an angry dissent, called the police tactics "coercive and improper."

"Being a judge is a noble position," Reilly wrote. "Being a law enforcement officer is a noble profession. There is something ignoble, however, in charging a person with a crime if that person lies, cheats, or fabricates statements or evidence to the government during an investigation, but if a law enforcement officer does the same, we consider the confession reliable. In life, we do not trust a liar or a deceiver, yet we are imposing that character trait upon our police. Having authorized dishonesty, we must be prepared to accept dishonest results."

Finley, now 41, was convicted of sexually assaulting his nine-year-old niece, identified as C.P. in court records, by touching her breasts and vagina under her clothes. Walworth County Circuit Judge's Kristine E. Drettwan in November 2016 sentenced Finley to 20 years in prison and 10 years of extended supervision.

While Whitewater police were investigating the matter, the girl's mother, who is Finley's sister, said  that C.P. had autism and attention deficit / hyperactivity disorder and that she was affectionate and liked to hug people.

C.P.'s mother also told Police Officer Saul Valadez that Finley "has the mental capacity of a 12- year-old" and “socially functions at a first-grade level.” A doctor who evaluated Finley found he had an IQ of 72, not disabling but lower than 97% of the population. 

During his questioning, police got Finley to admit to putting his finger in C.P.'s vagina –something the girl never said he did.

C.P. made her allegations against her uncle to her therapist, whom she was seeing for behavioral problems and sensory issues, according to a defense brief by attorney Ellen Henak.

By Gretchen Schuldt

​The Legislature's Joint Finance Committee slashed by 91 percent Gov. Tony Evers' proposed capital budget for the Department of Corrections.

The committee approved a $24.2 million capital budget for the Corrections Department, down $234.8 million from the $259 million Evers proposed.

The bulk of the JFC's cut – $225 million – came from wiping out the proposed budgets for juvenile corrections regional facilities ($115 million) and proposed county-run secure juvenile facilities ($100 million).

The committee also killed new inmate housing for Taycheedah and Jackson Correctional Institutions, budgeted by Evers at $5 million and $10 million, respectively. Funding for a new restrictive housing unit at Lincoln Hills / Copper Lake was reduced from $10.3 million to $500,000.

The committee retained the $8.1 million Evers proposed for heating and ventilation improvements at the Milwaukee Secure Detention Facility, and $10.6 million Evers proposed for a new health services unit at the Stanley Correctional Institution.

JFC also added $5 million in spending to begin work on replacing the Green Bay Correctional Institution.

The Legislature, in the wake of the scandal surrounding the gross mistreatment of youths at the two juvenile prisons, voted to close them. They are supposed to eventually be replaced by a new state-run juvenile prison and county-run secure residential facilities. 

Evers said this week, however, that meeting the 2021 goal to build the new facilities may be impossible. 

We are through 13 of 72 counties in our review of marijuana charges filed in Wisconsin last year, but it is already clear that marijuana laws are unevenly enforced throughout the state.

The Milwaukee County District Attorney's Office, for example, filed one criminal case containing a marijuana charge for every 3,292 county residents, by far the lowest charging rate in the state thus far; on the other end of the scale, Burnett County filed one pot case for every 169 residents, the highest charging rate. 

Other factoids:

• Brown and Columbia Counties both have much smaller populations than Milwaukee County does, but both issued more total marijuana cases than Milwaukee County did.

These aren't the only disparities we're finding. Follow along as we document the wildly erratic enforcement of cannabis laws in Wisconsin.

Additional data for each county is posted on The 2019 Pot Page and we'll be updating and expanding our charts on this blog.

By Gretchen Schuldt

​Somebody in Delbert Pascavis' flat strangled him to death with a bedsheet and wrapped a telephone cord around his neck, waist, and right foot.

There was no sign of forced entry into the house.

Before the night of July 26, 1985, Pascavis was a church organist, a tutor, a man active in the gay community.  He was a case worker for Milwaukee County whose job included interviewing potential foster parents.

He was a member of the Bel Canto Chorus, the Felix Chorale, the Neighborhood Block Watch, and the Black and White Men Together, an organization that currently describes itself as a "gay, multiracial, multicultural organization committed to fostering supportive environments wherein racial and cultural barriers can be overcome."

He also was "quite a drinking man," his landlord told police, according to a police report.

Pascavis "was a partier and had lots of different people coming and going at all times of the day and night....," the report said.

He was popular in the neighborhood and never turned anyone away from his house, the landlady told police. If a visitor brought a friend along, Pascavis would welcome that friend as well. 

"Walker's judges" is our effort to present information about former Gov. Scott Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. While Walker has left office, WJI will continue to profile his appointees who are still in office. We also will profile Gov. Tony Evers' judicial appointees. 

Name: Maureen Morris Martinez
Appointed to: Racine County Circuit Court
Appointment date: Dec. 4, 2018, elected to a six-year term in April 2019
 
Education:
            Law School – Marquette University Law School
            Graduate School – University of Illinois – Urbana
            Undergraduate – St. Mary's College of Notre Dame
                                                 Marshall University, Huntington, W.V.
 
Recent legal employment:
           January 2017 - present – Deputy district attorney, Racine County District Attorney's Office
           February 1997 - January 2017 – Assistant district attorney, Racine County District Attorney's                                                                                   Office 
            
Memberships:
State of Wisconsin 
U.S. District Court for the Eastern District of Wisconsin
Racine County Bar Association

Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Assigned to a sensitive crime caseload that includes homicides and sexual assaults. Previously directed children in need of protective services for 15 years. Involved in administrative and personnel matters.

Number of cases tried to verdict or judgment: Jury, 300; non-jury, no answer; arbitration, no answer; administrative bodies, no answer. 

Cases on appeal: I have litigated a number of cases on appeal.

The application asks for the names and case numbers of the appeals and Martinez listed three.

Three most significant cases: Martinez did not list specific cases and did not give the requested case numbers and citations.

By far the most important cases that I have litigated have been the termination of parent rights cases. They are not important as to the legal issues, but more so for the individual children and families that are affected.... I have conducted countless termination of parental rights trials and was successful in them all. 

My work with the Veteran's Court Treatment Team is also very significant. Through this court's work and the very hard work put in by the veterans, we have literally brought veterans back from the brink of despair.

Previous runs for political office: None.

Position or involvement in judicial, non-partisan, or partisan political campaign, committee, or organization:

Supported Racine County District Attorney Patricia Hanson in two campaigns. Both times I was on her campaign committee and participated in the "boots on the ground" duties of campaigning. During her campaign for district attorney I coordinated the letters to the editor campaign. I also spent countless hours with and on behalf of Tricia "working the room" for her.

All judicial or non-partisan candidates endorsed in the last six years:

Judge Wynne Laufenberg
Judge Robert Repischak
District Attorney Patricia Hanson

Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application:

Caledonia Conservancy
Tutor for middle school students at John Paul Academy
Former Board president and Board member, YWCA in Racine
Member, Racine County Child Death Review Team
Member, Multidisciplinary Child Abuse Investigation Team, Racine County
Member, Drug Endangered Child team for Racine County
Former member of All Saints Health Care Systems, member of the Physicians Activities Committee
Previous member and co-chair of the Racine County Family Violence Community Coalition.
President of the PTA for Holy Name School

Describe any significant pro bono legal work in the last five years: Pro bono work not allowed due to her position.

Quotes:
Why I want to be a judge –

My ambition within my law career has been a slow progression. When I began law school in the fall of 1992,1 had (redacted) and a (redacted). My husband had a demanding career as an (redacted) and I was leaving a career that I loved, school social work. I felt a calling however and I always had in the back of my mind that I wanted to be a lawyer. I studied at my kitchen table and took the entrance exam and was accepted by Marquette University Law' School. With (redacted) children at home, Marquette was the only school I could attend and I started law school.

As hard as it was I LOVED THE LAW. I loved everything about law school, I had previously set as a goal for myself to be an autonomous life-long learner; what better way to do that then be a lawyer as the law is ever-changing.

I also went to law school with the ambition to become a prosecutor.... I absolutely love litigation; one of my favorite places is the courtroom.

In my efforts to be an autonomous life-long learner, as comfortable as I am as a prosecutor, I believe I am ready to take the next step and explore new areas of the law as a judge. I know I have the knowledge, skills and judgment to be a fair and impartial judge. I think I have an excellent reputation within the legal community as an honest, ethical, hard-working and talented attorney. I am always ready to listen, however, I never waiver from my cannon (sic) of holding people accountable for what they do.