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Counselor with history of violence against women keeps state license

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NEW BERLIN (WITI) -- James Kirsch is what you might call an expert on abuse. He's a licensed professional counselor in Wisconsin. Last year, he started incorporating horse therapy into his practice.

"It's always been my dream to practice on my own but to include horses," Kirsch told an undercover FOX6 producer.10688307_366602346836997_8752239676948943542_o

Kirsch's fiancee operates a horseback riding lesson company called 14 Carrot Stables in New Berlin. On her property, Kirsch runs his owns business, the Wellness Health Ranch. There, his website says, he specializes in working with children and people who have behavioral issues and family problems.

"Basically what I do is I have been doing psychotherapy for 20 years," Kirsch told a FOX6 producer.

He says most of his training is in pediatrics.

"I treat just about everything under the sun when it comes to concerning about kids," Kirsch said.

But before you consider sending your kid to the Wellness Health Ranch, you might want to know a little more about the man who would be treating your child.

Kirsch Strongarm charge

A 2012 battery charge for Kirsch in Brown County.

One thing he probably won't mention during his sessions is his history of abusing women.

"It was like living as a prisoner of war," says his first wife, Leanne.

"I thank God to this day that I got out of it alive," says his second wife, Lori.

James Kirsch's ex-wives are two women who once hated each other. They are now unlikely allies. Their harrowing stories of survival are eerily similar.

"He used to like, to pick you up by your face or your neck area and kind of dangle you," Lori remembers.

"He would just pick me up and throw me over the top of his head and into a wall," Leanne says.

They lived through nearly a decade of abuse, which is documented in court files and public records.

In 2005, while married to his first wife, Kirsch pleaded guilty to domestic violence-related charges of disorderly conduct and criminal damage to property. He threatened to burn down his house with his family inside.

"We were scared to death. The kids were little and they were screaming, 'Daddy no. Please don't kill us.' It was just horrible," Leanne says.

Years later, Kirsch put his second wife in the hospital after throwing her across the room. She landed on a humidifier. Hospital records show she had broken ribs and a punctured lung. Kirsch lied to doctors, saying his wife had just tripped over some moving boxes.

first wife

First wife of James Kirsch says she still fears for her safety.

"I just worry that eventually he is going to kill somebody," Lori, his second wife, says.

He's spent months in jail. He's been convicted three times on domestic violence crimes. He even vouches for his criminal defense attorney in a TV commercial.

He's been required to  complete domestic violence counseling. Courts from Indiana to Wisconsin have forbidden him from having contact with both of his ex-wives, who still say they fear for their safety.

2nd wife

Kirsch's second wife shares details of abuse while married to James Kirsch.

"I think about what he is still allowed to do and how many people he can hurt. He is a very violent man," his second wife Lori says.

One court even required him to have supervised visitation with his own children. At one point, he was even forbidden from going to their school.

"If anything, his violence is getting worse over the years than better," Leanne says.

Marriage counselors told his second wife she should record their interactions. In one recording, he is worried about what the Licensing Board will think about his recent court cases. He screams at his wife, "I look like a mental health lunatic. I'm a mental health provider!"

So why would a man with a documented history of violence against women be allowed to work in a profession where his job is to help people?

"I think it is outrageous," Leanne says.

"I don't think he is stable to work in that field. I don't believe at all that he should have his counseling license," Lori says.

Neither does the state of Wisconsin.

In an email obtained by the FOX6 Investigators, a lawyer for the Wisconsin Department of Safety and Professional Services writes Kirsch "has no business counseling anyone about anything."

That was in May 2014.Kirsch 3-13-12

But a simple search of the state's website shows his professional counseling license is still in good standing. He was able to renew it in January.

And despite complaints being filed against him with the state Licensing Board in 2005, 2009, 2011, 2012, and 2014 --all related to domestic violence -- the state of Wisconsin has never disciplined him.

His first wife, who ironically has a PhD. in psychology says she's concerned for the parents who may not know about his background before they sign their kids up for therapy.

"It's about the field that I work in. "I think it is disgusting that he has had this many convictions and that he still has a license," she says.

State officials refused an on-camera interview, saying it was department policy not to give media interviews. But Kirsch, it says, is still under investigation.

In the meantime, he's allowed to continue counseling families and children.

His website says he treats everything from Autism and depression to behavioral issues and family problems.

But the real problem, his ex-wives agree, is him.

"I think the community as a whole -- psychologists, social workers, therapists -- believe this is way outside of what the normal would be for a therapist," Leanne says.

"I am glad I got out before he killed me," Lori says.

Kirsch was suspended from his last job at a clinic in Green Bay. He was supposed to undergo a mental health assessment to see if he was fit to practice in light of the allegations against him in his last domestic dispute. During his evaluation, state records show he lied to the doctor, saying he had no criminal history. He's currently being investigated by the state for unprofessional conduct.

Kirsch refused an on-camera interview. On the phone, he told FOX6 he's a changed man. When asked about his Wellness Health Ranch he said, "We don't do any counseling here. I do not practice psychotherapy."

He says he does work with children, but he doesn't counsel them. He says he's not using his professional counseling license anymore. He says he's merely a "wellness specialist, bonding with people and animals."

He says he has worked hard to be a different person, even though he "has not had the best personal life."

 

 

 


“I never expected this to happen:” Campus crime stats may not tell the whole story

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MILWAUKEE (WITI) -- Shopping for the right college comes with all sorts of questions. Can you afford it? Does it offer the classes you want? How's the nightlife? For parents, there is one more important question. Is the campus safe?

The FOX6 Investigators have identified the Wisconsin colleges and universities that report the most crime. But our investigation finds there is something missing from those numbers -- something that could change the way you feel about campus safety.

One of the hardest jobs as a parent is preparing to send your child out into the real world. Anita Olson is especially anxious. She's a widowed mother of four, and her first is about to start college next year.

"I guess maybe more of an urban feel would make me feel more comfortable," said Jordan Olson, a high school senior.

"That makes me nervous," Anita Olson said.

Jordan

Jordan Olson is on her way to college and her mother is searching for information about campus crime.

Like thousands of families across Wisconsin, the Olsons are in full-blown college touring mode.

"Do I choose between cost or what they have to offer in the curriculum or what they have on campus?" Jordan Olson wonders.

For Jordan's mom, campus safety is a critical factor.

"Like, if a college, like, has a reputation for crime, I'm definitely a lot less likely to consider it," Jordan Olson said.

But how do you know a college campus is safe? One way is to check out the school's crime statistics.

"The Department of Education has very, kind of, strict guidelines on what needs to be reported," said Marquette University Public Safety Chief Paul Mascari.

The FOX6 Investigators compiled four years of campus crime data in Wisconsin, as reported to the U.S. Department of Education under the so-called "Jeanne Clery Act." It's a landmark federal law named for a college freshman in Pennsylvania who was raped and murdered inside a residence hall in 1986. But just how much those numbers can really tell you about a school's safety is questionable.

command center 3

Marquette guards against crime by installing several hundred surveillance cameras and blue light safety phone.

"I would say Marquette's campus is safe," Mascari said.

Mascari heads up Marquette University's Public Safety Department, a state-licensed private detective agency that looks more like a full-fledged police force -- with 90 uniformed officers and 700 surveillance cameras covering a one-square-mile patrol zone.

In addition to the patrol presence, Marquette has hundreds of "blue light" phones placed around campus that connect directly to Public Safety. And now, a "blue light" mobile app for students to have one-touch access via their cell phones.

"The university devotes an incredible amount of resources to safety in the area," Mascari said.

The heavy investment in public safety has a lot to do with Marquette's location, smack dab in the middle of the city of Milwaukee.

"The neighborhood could be an issue," Anita Olson said.

It's hardly surprising that Marquette ranks near the top of the list of Wisconsin schools that report the most campus crime.


 

Top 20 - 2010-2013

To see the full list , click here.


From 2010 through 2013, Marquette reported 184 crimes in nine major categories. That's 15.5 crimes for every 1,000 student -- fourth most in Wisconsin.

Beloit College is number one on the list, due to its much smaller enrollment and 17 reported rapes. Carthage College is second, largely due to 92 reported burglaries. And Wisconsin Lutheran College ranks third.

But Mascari says it's like comparing apples and oranges.

"I think it is difficult to compare one school to another because you have to take into consideration a lot of things -- that geography varies from school to school," Mascari said.

The geography is certainly different at Carroll University in Waukesha.

carroll university spokesperson

Carroll University spokesperson keeps close tabs on the Clery report.

"Carroll University is nestled in a very, very residential area that's very safe," said Theresa Barry, Student Affairs Vice President at Carroll University.

Barry says parents there rarely ask about crime statistics.

"The question they always ask is, 'Is this a safe school?' And we say safety is our number one priority," Barry said.

But FOX6's investigation finds that over the same four-year period, Carroll averaged 14.8 crimes per 1,000 students -- just a hair behind Marquette.

"The numbers weren't that different, and yet, Marquette is a larger campus in a more urban area. I would have expected the numbers to be worse," Anita Olson said.

"I do think it is misleading," Barry added.

Barry says you have to take the community into context. And she notes that the Clery numbers reflect reports of crime -- not necessarily actual crimes. In the spring of 2013, Carroll University went into lockdown after two observant students spotted a man with an apparent assault weapon lurking on campus. Turns out, the gun was really an airsoft rifle-- a toy. But Barry applauds the students for doing the right thing.

"Some of the numbers we actually want to go up. We don't want anything to have happened, but we want students to feel comfortable enough to report," Barry said.

The type of crime matters, too. Most of those reported at Carroll University were burglaries, while a substantial number of crimes at Marquette were more violent -- like rapes, robberies and aggravated assaults. And FOX6's investigation finds even that may only tell part of the story.

"I never expected anything like this to happen," said Alex Conlin, a former Marquette student.

In 2013, Conlin and three friends were walking home from a pizza joint when a car followed them into an alley near 20th and Michigan.

"Some gentleman in a car asked us if we had any weed on us. And we replied no. And then we kept walking," Conlin said.

Three young men got out of the car and robbed them at gunpoint.

"I know my one friend, he was like, visibly shaking," Conlin recalled.

If that wasn't scary enough, their house on the western fringe of campus -- with iron bars on the windows -- got broken into two months later.

"I kinda knew [living here] was a risk, but at the same time, you're really kinda naïve about that. I mean, this still feels like campus," Conlin said.

Neither one of those crimes was included in the university's official Clery report, because they happened near campus and not on it. That's not Marquette's choice. It's how the federal law is written.

"So they might not reflect things that have happened in the surrounding community," Anita Olson said.

Still, Mascari says even if a crime doesn't show up in the official Clery numbers, they routinely patrol beyond campus borders. They voluntarily issue crime alerts to students after any incident that could pose a threat, even if it occurs off campus.

"It's about staying safe in an urban environment," Mascari said.

When it comes to finding the right school, Marquette spokesman Andy Brodzeller says you need more than statistics to guide you.

"I think the only way to get a good idea of, 'is it offering what you need?' is to go there and see it for yourself," Brodzeller said.

Theresa Barry agrees.

"I would say come in and talk to us and ask us those questions and talk about the Clery report, look at the numbers," Barry said.

Because no matter what school you choose, one thing is guaranteed.

"It's gonna be a lot different than high school,"Jordan Olson said.

“You’re robbin’ folks blind!” New law cuts police out of private property towing process

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MILWAUKEE (WITI) -- Be extra careful where you park your car!  A new state law makes it much easier for private property owners to have you towed. Tow truck drivers in Wisconsin are not required to be licensed or bonded, meaning just about anyone can tow cars. That includes convicted felons. And now, they can tow your car without even waiting for police to write a ticket.

Bob Caldwell was shopping at a Save-A-Lot grocery store at 76th and Mill Road in northwest Milwaukee back in December when  a tow truck hauled off the family minivan.

"You're full of it. You need to be stopped. The people need to know what you're doing is wrong," Caldwell said.

"I'm the driver," Oliver Castillo said.

Castillo works for Cars, Inc., which - until very recently - had a contract to patrol the parking lot at the Mill Road shopping center.

"People just come and park in the fire lanes, leave their car, go to the stores. Like, you blocking the traffic," Castillo said.

Castillo says Caldwell's van was parked in a handicapped space. Caldwell says that's not true.

"As you can see, there's no handicapped sign here. There's no illegal parking," Caldwell said.

Who's telling the truth?  That is hard to say.

"You can say something, I can say something," Castillo said.

If only someone had a picture.

caldwell confronts tow drivers

Bob Caldwell was shopping at the Save-a-Lot grocery store at 76th and Mill Road on December 9, 2014, when Cars Inc. towed his minivan. He says he was parked legally. Cars Inc. says he was in a handicapped space.

"I said, 'where's this photo of my vehicle being illegally parked?' He didn't have it," Caldwell said.

"He's lying. I mean, we got a picture for every car that we tow," Castillo said.

Castillo said FOX 6 could see the picture, but we'd have to get it from his boss. A few days later, we found his boss parked near 11th and Mitchell and approached him to ask questions.  52-year-old Shaun Brayden didn't stick around long enough to answer any questions.

"I didn't know who you were!" Brayden insists.

Brayden says he drove away because he was scared and didn't know who was at his window. But minutes later, the same flatbed tow truck was driving through the FOX 6 News parking lot.

"I admitted I was there by accident," Brayden said.

Turns out, after making a pass through the FOX 6 News parking lot, Brayden drove to the Brown Deer police station and tried to file a harassment complaint. A few days later, he called FOX6 and requested an on-camera interview.

"And apologized for being mean to you and hanging up the phone and stuff," Brayden said.

At first, Brayden told FOX6 News they only keep photos for 30 days.  Then he said Caldwell's picture got lost. Now...

Shaun Brayden of Cars Inc. agreed to a sit down interview after reporting FOX 6 News to police for "harassing" him and "jumping out" at him.

Shaun Brayden of Cars Inc. agreed to a sit down interview after reporting FOX6 News to police for "harassing" him and "jumping out" at him.

Bryan Polcyn / FOX6: "Where's the picture?"
Shaun Brayden / Cars Inc.: "Well, you ask the police officer what he did to the picture."
Polcyn: "So now police have the picture instead of you?"
Brayden: "They seen the picture."
Polcyn: "How did you give it to them? Do you guys have a printer at the scene?"
Brayden: "No, it's in the phone."

With every conversation, the story changes.

Brayden: "No I'm not changing the story."
Polcyn: "You've changed the story every time I've talked to you."
Brayden: "No I don't. No see, now you're just looking to belittle me and make me look stupid."

The night Caldwell's van was towed, he called police.

"He called the car in stolen!" Brayden said.

But officers told him there was nothing they could do. It was a "civil matter." If Caldwell wanted his van that night, he'd have to pony up what Cars, Inc., was demanding: $295.00 cash.

"What am I supposed to do?" Caldwell asks, rhetorically. "I mean, we rely on our vehicle for me to get my kids back and forth to school."

Quianna Brown can sympathize.

"I came out here and, my car was goin' down the street!" Brown said.

Brown says Cars, Inc., towed her SUV from the alley behind her garage. Not just once, but twice in four days. The first time, she paid to get it back.

"$311? That's not right!" Brown said.

The second time, she pleaded with her landlord, who asked Brayden to give the car back for free. But when she showed up to get it, Brayden argued.

"He got real rude and disrespectful," Brown said.

vlcsnap-2015-02-25-15h03m35s134

Quianna Brown says Cars Inc. towed her car twice in four day from directly behind her own garage. The first time she paid $311 to retrieve it. The second time, her landlord talked Cars Inc. into giving the vehicle back free of charge.

He eventually gave in. Once again, he doesn't have a picture to prove she was parked illegally.

Anders Zanichkowsky says that's the problem.

"Was the sign posted properly? Was the car really parked where they say it was?" Zanichkowsky said.

Zanichkowsky is Program Director for the Tenant Resource Center of Wisconsin. He says these disputes may be the tip of the iceberg thanks to a change in state law that took effect last summer.

"This bill allows landlords to tow vehicles without calling the police first," State Senator Jon Erpenbach (D-Middleton) said.

It used to be that police had to ticket a car before it could be towed from private property. Not anymore.

"I think that when you remove law enforcement from that process, there's no longer a neutral third party with no business stake in what happens," Zanichkowsky said.

Under the new law, the Wisconsin Department of Transportation (WISDOT) decides how much towing companies can charge. Under an emergency rule that took effect in October, the maximum charge is $105 for a regular tow plus $20 a day for each 24-hour period of storage. FOX6 News found Cars, Inc., routinely charges more than $300 for a tow, even when owners claim their vehicle the same day. Many of those owners have low incomes.

"That might be their grocery money for the month,"Zanichkowsky said.

And because police are no longer involved in writing tickets, a vehicle owner's only remedy may be Small Claims Court.

"It's a crack in the rules that allows a really great opportunity for a widespread small time racket," Zanichkowsky said.

"I think it just opened the door," Caldwell said.

And consider whom it opened the door to.

USDOT number on the side of the Cars Inc. truck is registered to a company called "Toms Cars Inc," which is listed to a man convicted of attempted murder.

USDOT number on the side of the Cars Inc. truck is registered to a company called "Tom's Cars Inc," which is listed to a man convicted of attempted murder.

According to the USDOT number stamped on the side of the Cars, Inc., tow trucks, the vehicles are officially registered under the name "Tom's Cars Inc." Brayden initially stated that was the "same company." Now, he says otherwise.

"I don't know Tom's Cars Inc. I don't affililate with Tom's Cars Inc.," Brayden declared loudly, during a sit down interview with FOX6 News.

Tom's Cars Inc. is registered to a man named Jamie Blas, who was convicted of attempted murder in 1994. Blas is in jail again.

"I don't know anything about that," Brayden said.

Brayden says he just leases the company from a woman named Diana Blas.

Polcyn: "So you don't know Jamie Blas?"
Brayden: "No, I don't."
Polcyn: "Can you understand why that comes off as evasive?"
Brayden: "I don't know. You tell me."

Brayden is a felon himself with a history of questionable towing practices.

In 2010, West Milwaukee police say Brayden worked for Always Towing, when the company towed 15 cars from a bank parking lot without the bank's permission.

"I never ordered any cars towed. I was in the hospital, run over by [a] car," Brayden said.

Brayden says he wasn't even there, but his name is all over the police report.

Brayden: "I didn't tell police nothing."
Polcyn: "Says right here."
Braydne: "No it doesn't."

Police were planning to seek criminal charges until Brayden's employer agreed to pay the victims back.

If you're wondering how a guy like Brayden got a license to run his own towing business, the answer is, he didn't have to. Milwaukee Alderman Joe Dudzik says neither the state of Wisconsin nor the city of Milwaukee requires tow truck operators to be licensed.

"Right now, you can basically get a pickup truck with a hook on it, and start towing cars," Dudzik said.

In other words, anyone can tow cars in the city. Even a convicted criminal with a nasty temper. Last year, county workers in Racine say Brayden harassed them with a series of vulgar and threatening calls related to a family court case. The calls were so out of line, Racine County filed a restraining order against him. And won.

He can't call county workers on their work or personal phones anymore. But he can haul away your personal property. That's why Bob Caldwell is making so much noise.

"You're robbin' folks blind! You're gonna get stopped. I'm suin' you. I already done told Shaun I'm suin' Shaun," Caldwell said.

He's not ready to let Cars Inc. off the hook.

The owners of the Mill Road shopping center tell FOX6 they are undergoing a sale of the property and have terminated their contract with Cars, Inc.  On February 18th, West Milwaukee police served Cars, Inc., with an order to stop doing business on their lot at 4000 W. Mitchell Street. Police Chief Dennis Nasci says Brayden had previously been warned that he does not have the required occupancy permit.

The city of Milwaukee recently convened a task force to study scrap metal thefts in Wisconsin. That task force is now recommending, among other things, that tow truck operations and their drivers be licensed. The regulatory framework they envision would include periodic inspection of tow trucks, as well as a requirement that they send police a digital photograph of every vehicle they tow, along with other information. Alderman Dudzik hopes to have legislation drafted by next month.

Always Towing says the 2010 incident in West Milwaukee occurred when Brayden was a subcontractor for the company. After that incident, a spokesman for Always Towing says they terminated their relationship with Brayden. Brayden says he quit.

Condo residents living above Bay View Fitness say noise from gym “is painful”

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BAY VIEW (WITI) — Neighbors of a popular Bay View gym are fit to be tied.  They say noise coming from Bay View Fitness shakes their walls and keeps them up at night. Now, they are contemplating legal action.

Marcus Wong and his wife Grace don't get up in the morning to go to the gym. They get up because of the gym.

"You would hear a boom and then you would feel the floor shaking. The walls would shake," says Marcus Wong. "There are weight drops that are so jarring it hurts."

Gym 1

When they bought their condo in July 2013, they were excited about the up-and-coming Bay View neighborhood.

"We didn't think it was an issue because we understood it was a gym, you know?" Wong says.

But soon after moving in they say having a gym close by became more of an annoyance than a convenience.

"At this point I feel stressful because I cannot sleep at night. If I come home to take a nap I can't because of the noise," says Wong's wife, Grace.

Gym 3"It's like an earthquake," Wong says.

The Wongs have resorted to measuring the noise and keeping a log of every time they get woken up.

Most recently, they spent more than $3,000 in an attempt to soundproof their condo.

Wong says it didn't work.

Now, with the couples' first baby due any day, they're worried their newborn won't be able to sleep either.

The building, located at the corner of Becher Street and Kinnickinnick Street in Bay  View has 21 condos.  Since Bay View  Fitness turned into a 24-hour gym, the noise, residents say, has gotten worse.

Some condo owners who have moved out of state say they are now having trouble renting out their units.

"They would hear really large thumpings on a regular basis that would shake the entire unit," says condo owner Tasha Young. "They [tenants] want to leave, and that's it."

Gym 2John Andrews owns and manages Bay View Fitness. He says the gym has already spent more than $25,000 trying to fix the the problem.

Andrews bought quieter treadmills and took the punching bags off the ceiling. He has installed special flooring, and posted signs telling gym members to be courteous of residents during late night and early morning hours. He says he's even kicked people out of his gym for breaking the rules.

"We can't have our neighbors furious with us and that is priority number one," Andrews says.

While the gym is not a CrossFit gym, and it does not host CrossFit classes, the gym does have a tire that members flip for exercise. Andrews says he's filled the tire with insulation, hoping to curb the vibrations when it hits the floor.

Gym 5The building's developer, Peter Schwabe, says he sympathizes with the Wongs.

"I totally respect their frustration and concern," he says.

Schwabe, who also owns part of the gym, offered to help pay for alternative housing until the Wongs have their baby. He offered them $500 a month to rent a different apartment, but they refused, saying they wanted to live in their own home. Schwabe insists he and Andrews are doing everything they can to alleviate the noise issue. He says it only affects a few owners.

"We want to find a solution to this. We want to keep working with the condo owners," Schwabe says.

The Wongs say their patience is running out.

"We cannot talk because the only thing you feel is vibration and the noise," Grace Wong says.

Craig Schaefer, the lead acoustical engineer at Reidel & Associates specializes in sound.

"More often than not we're trying to retrofit spaces for people who have not thought about this and then all of a sudden -- 'oh I can hear that. I didn't know I was going to hear that,'" Schaefer says.

He says gym noise is like water.

"You wouldn't just seal up one crack in a tub that has four or five cracks and is leaking all over the place. Sound is a lot like water where it can get through a lot of cracks and crevices," Schaefer said.

So no matter how many mats the gym puts on the floor, and no matter how much insulation the Wongs add to their bedroom walls,  there may not be a simple -- or cheap -- solution.

Gym 4

Bay View Fitness is located at 2121 S Kinnickinnic Ave. in Milwaukee.

"The fix is normally going out and tearing out a lot of materials," Schaefer says.

For now, the Wongs are hoping they won't be the ones who have to pay for it. And they warn, as developments like this become more common throughout Milwaukee, potential homeowners need to think hard about whether the home is a sound investment.

The Wongs have called and complained to the Department of Neighborhood Services and the police, but legal experts say the city's noise ordinance doesn't  apply in this situation because noise is measured from the property line, outside of the building.

Still, some of the condo owners say they are considering legal action.

Most lawmakers agree “upskirting” is morally wrong, but is it a crime? Bill to close loophole has stalled

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MADISON (WITI) -- It may be creepy, but it's still not clear if upskirting is a crime in Wisconsin.

The Wisconsin Assembly approved a bill in January that would make it a felony to take secret pictures or videos under a woman's skirt.

But the bill is now stalled in the Senate.

"I just (felt) very uneasy. Like someone was right up against, up against me," an upskirting victim said.

There's no question Jesse Schmucker got busted trying to sneak perverted pictures under a woman's skirt at the grocery store.

schmucker

Schmucker realizes his actions may lead lawmakers to change penalties for upskirting.

"Is it morally wrong? Absolutely," Schmucker said.

But it's still not clear if what he did was a crime.

"Everybody makes mistakes," Schmucker said.

Last year, Schmucker was sentenced to the maximum nine months in jail for attempting to capture an image of nudity.

trial 1

Schmucker discusses penalties at trial for upskirting with Attorney Jensen.

"There was no nudity to capture here," Schmucker's attorney Jeffrey Jensen said.

But the sentence was placed on hold, while Schmucker appeals.

His attorney says no crime was committed because the victim was wearing underwear.

"This conduct fell within a gap in the law," Jensen said.

It's a potential loophole that Wisconsin Assemblyman Jim Ott (R-Mequon) wants to close.

"It's urgent that we act on this matter,"  Ott said.

In January, Ott introduced a bill that would make it clear upskirting is a crime no matter what a woman is wearing underneath.

Ott

Bryan Polcyn sits down to discuss penalties for upskirting with State Rep. Jim Ott.

"I would prefer we get the bill signed into law before that court decision comes down," Ott said.

At first, the bill was on a fast track, passing the full Assembly just two weeks after it was introduced. But the bill ran into a roadblock in the Senate.

"It's a question of what the penalty should be," Ott said.

Senator Frank Lasee (R-De Pere) and Senator Lena Taylor (D-Milwaukee) have expressed concern, because Ott's bill wouldn't just make upskirting  a crime. It would make it a felony.

"We don't think that upskirting is appropriate. If nothing else, there's a consistency across the board for that. Whether or not we make that a felony on a first offense is something that we're all cautious about," Taylor said.

Taylor and some other senators prefer to make upskirting a misdemeanor the first time, and a felony for repeat violations.

"How do we carve that without sending the wrong message, like upskirting is okay or, 'oh, that's not that serious,'" Taylor said.

victim

Victim of upskirting feels devastated as state lawmakers work on degree of penalties.

"Talk to a victim and ask them how serious they think it was having their privacy invaded to this extent," Ott said.

While the Senate sits on the bill, an appeals court is prepared to release its opinion in the Schmucker case this week.

"If they overturn the circuit court ruling, that conviction, then the question is, is this really illegal or not under our current law?" Ott said.

In other words, you might think upskirting is creepy, weird, invasive  or even disgusting.

"I think we all think it is wrong," Ott said.

But in a few days, it could be legal in Wisconsin.

If the appeals court overturns the Schmucker case, it's possible Attorney General Brad Schimel could take it to the Wisconsin Supreme Court.

ott hearing

State Rep. Jim Ott holds a hearing on upskirting.

So the law on this may not be settled this week, but either way, Ott says upskirting ought to be felony, and he says his bill would allow a young person who makes a one-time bad decision to have the conviction removed from his or her record after a period of time.

The skinny on losing weight with the HCG Diet

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GERMANTOWN (WITI) — Anyone who has ever been on a diet knows there's more than one way to lose weight. But is there a safe way to lose weight, and lose it fast?

A woman from West Bend called the FOX6 Investigators and complained she had paid $1,411 to lose weight on the HCG Diet -- but instead, she had gained.

"I have some special weddings coming up and I wanted to look good for these people I haven't seen in a long time," Tiffany said.

Tiffany

"Tiffany" talks about the heavy toll this ordeal weighs on her mind.

Tiffany is not her real name. She says she's too embarrassed to show her face.

"I am embarrassed of my weight and how big I've become," Tiffany said.

Desperate to lose weight fast, she sought the help of a medical weight loss clinic in Germantown.

"They said they had miracle results 100% guaranteed," Tiffany said.

Initially she says she was given an appetite suppressant.

weight loss supplements

Supplements used in weight loss program.

"They prescribed this medication and it caused me heart palpitations, more anxiety, so I ate even more and I gained five pounds in six days," Tiffany said.

When that didn't work, Tiffany says she went back and was convinced to try the HCG diet.

"The program itself costs $1,200," she said.

Tiffany says she was told she could lose 40 pounds in 43 days by eating 500 calories a day and giving herself a daily injection of HCG, the hormone women's bodies produce during pregnancy.

weight loss shot

Injections used as part of the weight loss process.

"So they gave me seven shots in a little lunch bag. I had to pay them $502," Tiffany said.

"Well I gained weight with it, " Tiffany said. "My doctor said it is impossible to lose 40 pounds in 43 days and it's so unhealthy for your body."

clinic interview

Lindsay Carmody opened Forward Medical Weight Loss two years ago. She's helped more than 150 lose 30-100 pounds.

Lindsay Carmody, a licensed nurse practitioner opened Forward Medical Weight Loss two years ago. She says she's helped more than 150 people lose anywhere between 30 and 100 pounds.

"If there were issues with this, I wouldn't do it," Carmody says. "I treat you like I would treat my family, myself, my friends, and if I didn't feel this was safe and effective, I wouldn't do it."

Carmody says she's seen the average woman lose .65 to 1 pound a day with HCG, and men lose about two to three pounds per day. HCG, she says, targets extra fat on your body. Because the diet requires patients only eat 500 calories a day, HCG pulls fat cells from your body and burns them as energy instead of extra food. Carmody says the program is highly supervised, and she meets with her patients every week to track their progress and hear their concerns.

Carmody says Tiffany is the first person to ever complain, or want their money back.

"I'm out $1,411," Tiffany says. She admits she never actually finished the HCG treatment because she started to worry it was unhealthy.  "And that doesn't include the misery, the weight gain, the heartache, the pain that I all went through," she says.

Craig Strowig disagrees. He started going to Forward Medical this year, and lost 45 pounds in his first 45 days on the diet.

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Craig Stowig shows before and after photos of his weight loss success.

"I mean, that's incredible. I have young kids, and they're at the age where they're getting involved with activities, soccer and things like that. And I didn't want to be the fat daddy anymore," Strowig said.

After researching the program offered at Forward Medical, he and his wife signed up for the HCG treatment.

"Right away you start losing that weight," he says. "I thought 'I'm going to have to wait two to three weeks before seeing results.' No. You start seeing it right away."

The Better Business Bureau says it's never received  a complaint about Forward Medical Weight Loss. But as clinics like this one become more popular, it can't hurt to do your homework.

Over-the-counter HCG products are illegal. If it's not prescribed, and it's not injected, don't trust it. HCG is not approved by the Food and Drug Administration. Critics of the hormone say HCG doesn't make you lose weight — eating fewer calories does. But Carmody says her patients' success is proof enough that the diet works with close medical supervision.

If you only have 10-20 pounds to lose, a medically supervised weight loss program is probably not for you.

"It's not healthy to be fat. It's not healthy to lose weight fast, either. But this seems to be a good middle point," Strowig says.

He and his wife are returning soon for their second round of HCG treatment next week.

"The other day I was at Fleet Farm and I bought a bag of 50-pound solar salt to put in our softener," Strowig says. "I picked that up and I was like this is what I had on my body that I just lost. That was heavy. And I was carrying that around constantly, everyday it was on my knees, on my body. To have that off of me and to lose maybe another one of those bags — it would be incredible.”

“Is our money safe?” Watertown man accused in $10M Ponzi scheme dies amid criminal investigation

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WATERTOWN (WITI) -- A small town insurance agent is accused of running a $10 million Ponzi scheme. For the past few weeks, victims in this multi-million dollar scheme wondered if the man who lied to them about their investments was really dying. This week, they found out his health problems were real.

It's a fair bet Bernie Madoff has never set foot on the banks of the Rock River. But a Watertown insurance agent did a pretty good impression.

"You would not think that would happen here," said Wendy Lippert,  a Watertown resident who is worried her retirement savings may be gone.

What happened was Loren Holzhueter. He was a local farmer and pillar of the community, who served as treasurer in the Town of Ixonia for years.

Until recently, he owned a chain of insurance companies and tax services across Wisconsin, under the names Insurance Service Center and Quality Tax and Accounting.

Loren Holzhueter, accused of running a $10-million Ponzi scheme, passed away on Tuesday, April 21.

Loren Holzhueter, accused of running a $10-million Ponzi scheme, passed away on Tuesday, April 21.

In 2008, federal investigators say he started "exploiting his network of clients," raising millions of dollars from people with whom he'd built "relationships of trust."

"My dad, on his death bed, said 'if anything happens money-wise, you go to Loren,'" Lippert said.

Wendy Lippert didn't know Holzhueter personally, but her father had vouched for him.

"He so totally and completely trusted this man," she said.

Lippert works in a nursing home. Her husband is a blue collar laborer. They set aside whatever green they could spare to save for retirement. In all, they gave Holzhueter nearly $50,000.

"Loren promised us. He said, 'I can do better than what the banks do,'" Lippert said.

ISC #2

In November of 2013, the IRS raided Insurance Service Center's headquarters in Watertown. The business is still open and operating, with Aaron Holzhueter as CEO.

According to federal court records, he never put their money into stocks, bonds or mutual funds. Instead, he used their money -- and that of more than 120 other investors -- to fund the rapid expansion of his insurance enterprise, and to personally benefit himself, his wife and his son to the tune of hundreds of thousands of dollars.

"I asked and he gave me the impression it was invested," Lippert said.

Holzhueter never showed Lippert any actual investment reports -- just a vaguely labeled "earnings statement." She had no idea anything was wrong until the IRS came knocking at her door.

"He told us there was an investigation," she said.

The feds had found her name when they raided the Watertown headquarters of Insurance Service Center -- or ISC.

"About 30 guys came in and told everybody to stay where they were," Michelle Brandt, a  former ISC employee said. "The IRS doesn't just wake up and raid a business because they feel like it. I knew something was going on."

No one would say why the raid happened or what investors should do.

"'Is our money safe? Should we take it out? What should we do?'" Lippert recalls asking the IRS agent who came to her home. "He said, 'I can't tell you that. I can't advise you.'"

That was the last Lippert heard of it for another eight months.

"Out of the blue, we get a call from Loren," Lippert recalls. "And he said, 'I have another deal for you.'"

After the raid, Holzhueter started asking clients for more money -- another $25,000 each.

"I said, 'I'm sorry. I don't feel comfortable with this,'" Lippert said.

Lippert didn't bite, but others did. In October of last year, he got $403,000 from other investors.

Concerned that more people might be victimized, the feds decided to unseal previously secret documents -- prompting front page articles in the Milwaukee Journal Sentinel and the Watertown Daily Times.

The records accuse Holzhueter of operating a $10 million Ponzi scheme. That is, a scheme in which money from new investors is used to pay back old ones.

Wendy Lippert says Holzhueter looked her in the eye and lied. She had more than $50,000 invested with him.

Wendy Lippert says Holzhueter looked her in the eye and lied. She had more than $50,000 invested with him.

"How could he do this to us? How could he look us in the eye? How could he lie to us?" Lippert said.

In December, Lippert wrote Holzhueter a certified letter, demanding her money back.

"He looked my husband and me right in the eye and he said to us, 'You know, you are the only people that have asked for their money back,'" Lippert said, her voice quivering with emotion.

In truth, other investors were trying to cash out, too: a plumber, a nurse and a retired school teacher. But it was too late. The Ponzi scheme had run out of cash.

"Generations of people that he's lied to, that he's let down," Lippert said.

In January, the Securities and Exchange Commission filed a federal lawsuit accusing Holzhueter of fraud. They froze his assets and banned him from seeking new investments. And that's when the silver-haired farmer disappeared from public view.

On Tuesday, April 21st, Loren Holzhueter passed away after a battle with pulmonary fibrosis. And it seems he knew this was coming for quite some time.

Lippert recalls a conversation more than a year ago, in which Holzhueter spoke of his own mortality.

"He says, 'I am worth more dead than I am alive,'" Lippert recalled.

He went on to assure her that her money was safe, no matter what.

"'I have my life insurance set up so that if something would ever happen, my debts would be paid,'" Holzhueter said.

Those policies could mean victims will get some of their money back, but it doesn't mean the criminal investigation is over.

Aaron H 2

Aaron Holzhueter is currently CEO of Insurance Service Center in Watertown.

"His son is in the business with him," Lippert said.

According to court records, Aaron Holzhueter is also a possible target of the criminal probe. For years, he has been on the payroll of ISC. And, for the past three months, he's been CEO.

One couple says it was Aaron who encouraged them to invest with his father back in 2012, because "he charged lower fees than other companies" and "those investments did quite well."

And in 2013,  a company registered in Aaron's name bought a million dollars worth of land, right next to the family's Ixonia farm.

Six months later, when the IRS raided ISC, they weren't just looking for Loren Holzhueter's records.  They were looking for Aaron's too.

While the feds sort out the mess, Bob and Wendy Lippert are putting off plans for retirement.

"We're not rich people, you know? We were counting on that money," Lippert said.

She's just glad her father isn't around to see what happened to the man he urged her to trust.

"My dad always said 'a man's word is a man's word. Without that word he is nothing,'" Lippert said.

When the government froze Loren Holzhueter's assets in January, it ordered him to continue paying his life insurance premiums. And those insurance companies are under a court order not to disperse any funds until directed.

It's unclear, however, just how much those policies are worth and how much victims can hope to recover.

“Leave me alone!” Tow truck driver refuses to talk about questionable towing agreement

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MILWAUKEE (WITI) -- He's back! He's a sketchy tow truck driver with a nasty temper. And he's still taking advantage of a new state law that cuts police out of the towing process.

When FOX6 News first exposed this problem back in February, West Milwaukee police ordered the towing company at the center of the story to close up shop. So they did. A few days later, they were back in business in the city of Milwaukee. And, apparently, up to the same old tricks.

In February, the FOX6 Investigators caught Shaun Brayden and the company he operates towing people's cars under questionable circumstances and charging more than state regulations allow. But at least back then, he agreed to sit down and talk about it.

"And apologized for being mean to you and hanging up the phone and stuff," Brayden said.

Three months later, his appearance has changed (he shaved what had been a full beard), but his behavior is all too familiar. When the FOX6 Investigators tried to ask him a few questions on his way out of a small claims court hearing, he immediately became agitated.

"If you would just answer these questions honestly, this would be easy and it would be over," said FOX6 Investigator Bryan Polcyn.

Brayden's response? A profanity laced tirade.

"This is not the image that we want to portray," said Dan Johnson, President of the Wisconsin Towing Association.

Jerome Hollis and his girlfriend, Courtney, call the FOX 6 Investigators to a nondescript industrial lot on Milwaukee's north side on March 9, 2015.

Jerome Hollis and his girlfriend, Courtney, called the FOX 6 Investigators to a nondescript industrial lot on Milwaukee's north side where Cars, Inc. towed their car on March 9, 2015.

If there's one thing Johnson would like you to remember, it's this: Shaun Brayden is not a member of the WTA. And neither is the company he operates -- Cars, Inc.

"If someone like this is going off rogue on their own, that's certainly not the type of individual that would be reflective of our association," Johnson said.

In fact, Johnson says, it wasn't the towing industry that asked for the change in state law Cars, Inc. seems to be exploiting. It was property owners.

"They just want a vehicle taken off their property," Johnson said.

It used to be that police had to ticket a car before it could be towed from private property. But a new law that took effect last summer cuts police out of the process. That makes it easier for landlords to deal with nuisance vehicles. But it also gives towing companies virtually unchecked authority to tow cars, especially if they have a standing contract to patrol a particular parking lot.

When Jerome Hollis discover that his car had been towed from O'Reilly Auto Parts at 35th and Fond du Lac, he asked the store manager to write a note, verifying that he had permission to park there. Cars Inc. was not swayed by the note.

When Jerome Hollis discover that his car had been towed from O'Reilly Auto Parts at 35th and Fond du Lac, he asked the store manager to write a note, verifying that he had permission to park there. Cars, Inc. was not swayed by the note.

Consider what happened to Jerome Hollis and his girlfriend, Courtney.

"We have a letter saying that it was okay for us to park the car until we could get it up and moving," Courtney said.

In March, Hollis was driving near 35th and Fond Du Lac when his car broke down. He pushed it into the O'Reilly Auto Parts parking lot and asked if he could leave it there overnight, since the part he needed wasn't in.

"I talked to the manager at O`Reilly's to ask him can I leave my car there? He said, 'yeah, cool,'" Hollis said.

An employee named Kevin Young promised to leave a note on the car, so it wouldn't get towed.

"I'll just write you a note saying that, you know, 'don't touch this car' or whatever," Hollis recalled the worker saying.

Agreement

This agreement, which remains on file with the city of Milwaukee, appears to give Cars, Inc. permission to tow unauthorized vehicles from the property that includes O'Reilly Auto Parts.

Apparently, Kevin forgot to put the note on the car. And Cars, Inc. towed it away. The next morning, Hollis showed Brayden the permission letter Kevin had written for him. Brayden wasn't swayed. He wanted $311 to release Hollis' car.

"Do we stand here all night or do we cause trouble to get police involved?" Courtney asked.

When Courtney tried calling the police, they told her it was a civil matter.

"It's like the only way to get the police down here to get some help is to act crazy," she said.

Instead she called the FOX6 Investigators. And 15 minutes later, police showed up, too. Brayden told officers that "Kevin" had no authority to let someone park at O'Reilly overnight, because Cars, Inc. has a contract with the property owner to tow unauthorized vehicles from the lot. He showed police an agreement that remains on file with the city of Milwaukee Department of Neighborhood Services. That agreement is signed by none other than Kevin Young.

That's right, the very same Kevin who told Hollis he could leave the car overnight. Turns out, Kevin isn't even the store manager. He had no authority to sign any contract with Cars, Inc. The real manager of O'Reilly says he never hired Cars, Inc. to tow cars from the parking lot. And the owner of the property tells FOX6 he never hired them either.

According to the signatures on both documents, it appears the "Kevin" who gave Hollis permission to park on the lot is the same "Kevin" who gave Cars Inc. permission to tow them.

According to the signatures on both documents, it appears the "Kevin" who gave Hollis permission to park on the lot is the same "Kevin" who gave Cars, Inc. permission to tow them.

So why is there still a sign in the window that says Cars, Inc. monitors this lot?

"Could you answer that?' Polcyn asked Brayden on his way out of court. Instead of answering, Brayden turned to a Sheriff's deputy standing nearby to complain.

"I can't even get on the elevator," he said.

Johnson says the old way of doing things left far less room for dispute.

'With a citation, that clears up all the ambiguity. And I think that's something our members would prefer," Johnson said.

But the law isn't likely to change anytime soon. In the meantime, the Milwaukee Common Council may soon decide if tow truck operators should be licensed and inspected. Johnson says WTA is open to talking with the city of Milwaukee. He just wants to be sure they're not overreacting.

"If they're trying to, you know, swat a fly with a shotgun, that probably doesn't serve any true purpose,"Johnson said.

Jerome Hollis and Courtney just hope they never have to deal with this ill-tempered tow truck driver again.

It's not just customers who get towed from the O'Reilly Auto Parts lot. The current store manager tells FOX6 that one of his own employees got towed recently, just after 10:00 p.m. while he was still inside closing up the business. The manager FOX6's Bryan Polcyn spoke to said he has no idea who hired Cars, Inc. but he sure didn't. And he promised to investigate further with his district office. Meanwhile, there is still a sign in the window that warns drivers unauthorized vehicles will be towed by Cars, Inc.


“We should intervene sooner:” Truancy rate among young kids skyrockets, what can be done?

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MILWAUKEE (WITI) — In the last five years, truancy among young children in Wisconsin has skyrocketed. Statewide, the habitual truancy rate among kindergartners is up 41%. It's the same story for first, second and third graders too, according to data collected by the Wisconsin Department of Public Instruction.

Students are habitually truant when they miss five or more days of class, without an excuse.

During the 2013-2014 school year, 5,770 kindergartners were habitually truant -- nearly 10% of the 61,000 kindergartners enrolled across across the Badger State. That's the highest truancy rate in years.

truancy 2"We should intervene sooner," says Molly Jasmer, Assistant Corporation Counsel for Waukesha County. "There's all this research out there about how we can make big impacts for these kids and these families, and we're not all doing them."

In Waukesha, Jasmer says, the courts and the schools are working together to curb truancy among younger students.  Waukesha County's newly-formed Truancy Committee is now targeting kids under 12.  The school district is now referring younger students to the courts, with the assurance they won't be in "trouble," but their parents will get the resources they need to get their children to school.

In 2014, Waukesha filed 109 deferred prosecution agreements, or contracts requiring parents to get their kids to school. Just under half of those cases involved children under 12.

"What we knew from our older truants was that most of them were young truants," Jasmer says. "They started truanting in kindergarten, first, second, third, fourth grade."

The goal isn't to punish the kids, Jasmer says, but figure out what it's going to take to get the child back in the classroom. The solutions are as varied as the families in need.

"We knew from our own experience here in Waukesha that we have to get those kids younger," Jasmer says.

She says it's easier to help families early on because bad habits are hard to break. Helping a family with a first grader is much easier than helping a parent of a teenager.

So far, Waukesha's new strategy seems to be working. Last school year, the number of young truants, kids 12 and under, had started to decline dramatically. During the 2013-2014 school year, none of the district's kindergartners were regularly missing class anymore.

But for bigger school districts, with more kids and fewer resources, the solution to truancy isn't as easy.

Last school year, 20% of kindergartners were habitually truant in Racine Unified. In Kenosha Unified, 12% of kindergartners regularly missed class. In Milwaukee Public Schools, 50% of all kindergartners last year missed school on a regular basis -- a 50% increase from five years ago.

MPS says it's aware of the increase and is implementing new strategies to curb truancy among younger students. Just this year MPS appointed 10 regional attendance liaisons to work with the neediest kids in the district. The liaisons are working with hundreds of kids in 21 schools that MPS has deemed at-risk for truancy.truancy 1

"Early childhood education is very, very important," says Jennifer Mims-Howell, the Senior Director of Specialized Services for MPS. "We try to inform parents and say 'hey, this is an important time in your child's life. This is the foundation. We want them here to learn.'"

MPS has started tracking attendance at each school and plans to train staff this summer specifically about habitual truancy and the strategies teachers can use to intervene before a student misses too many days.

The goal, says Mims-Howell, is prevention.

Stacy Tapp, Chief of Communication and Community Engagement for Racine Unified says its schools are also aware of the uptick in young truancy. Tapp says Racine is currently in the process of forming a task force to address the increase.

"There's nobody that disagrees that we should get the kids to school. The question is how," says Scott Wittkopf, a political and public policy consultant.

In 2014, Wittkopf authored a study for the Forward Institute, a non-profit non-partisan organization. He looked at truancy in MPS.

His report proved just how important attendance is to student and school success.

"It seemed like kind of a 'duh' moment,'" he recalls.

Schools which had high rates of truancy had the worst school report card scores.

"The fact that it was actually a greater effect than student poverty was actually very, very surprising," Wittkopf said.

Wittkopf says the bigger school districts, like MPS, need the most resources to help tackle truancy. But the money's not always there.

The TABS  program, created in the 1990s to get MPS kids back to class, has six police officers and seven full-time social workers and assistants dedicated to curbing truancy. It runs out of the Boys and Girls Club of Greater Milwaukee.

Walter Goodwyn, Director of Dropout Prevention Services for the Boys and Girls Club of Greater Milwaukee, says 97% of the kids that come into the TABS program don't come back -- presumably because they're back in class, and the intervention worked.

truancy 4But schools, he says, aren't referring young kids to the program.

Kids younger than 12 are not given truancy citations in Milwaukee County. Goodwyn says social workers in the schools send letters, call parents, and set up home visits if necessary to get young kids to class.

"At TABS, we don’t see student or parent referral for citations until 25 or more days have been missed, which tells me that at least some of the interventions being employed by the social workers with the parents of our younger students are working," Goodwyn says.

Most of the kids in TABS are high school students. FOX6 rode along with truancy officers last month. Even on the coldest day in April, kids cutting class were easy to spot -- much easier to spot than little kids who are likely just sitting at home and not roaming the streets.

That's why, when young kids start skipping school a lot, counties like Milwaukee and Racine target parents. Parents can be fined $181 for "contributing to truancy." In serious cases, when kids have missed more than 35 days of school, the Milwaukee County District Attorney's Office can file criminal charges against mom or dad and put them in jail for up to 30 days. But with the highest truancy rates in five years, it doesn't seem to be working.

"Let's face it. A punitive system does not work," Wittkopf says.

trauncy 6In 2014, 19 Milwaukee County parents were charged with misdemeanors for not getting their kids to school. On average, when a case was charged in 2014, a child had already missed 77 days of school. A school year has 180 days.

In Racine, 91 parents wtruancy 5ere charged. And on average, when a case was charged, a child had missed 47 days of school already. On average, those kids were only eight-years-old.

Many of the same parents who can't get their kids to school don't show up for court, either.

Of the 19 parents charged in Milwaukee County last year, only four showed up for court and got their kids back to school. Arrest warrants were issued for the other parents. As a result, the Milwaukee County District Attorney's office is changing course.

"I think [prosecution] can work in limited circumstances, but obviously we don't see that it has overall been a great solution to the problem over the years," says Kent Lovern, Chief Deputy District Attorney for Milwaukee County. "As a practical matter, we weren’t seeing a lot of results in changed behavior and so several years ago, we decided that what we really wanted to focus on is to get to the root of why the child is not coming to school."

Now charges are only filed as a last resort, and MPS is referring fewer parents to the court system -- but the number of kids missing class is on the rise.

If you need help getting your children to school in Milwaukee County, call the Boys and Girls Clubs of Greater Milwaukee for resources or to arrange a meeting with your child. If you live on the north side, call 414-447-5325. If you live on the south side, call 414-385-3100.

Working the system: Bill would take “two strikes, you’re out” approach to unemployment fraud

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MILWAUKEE (WITI) -- The unemployment insurance fund is supposed to be a safety net for people who want to work, but can't find a job. But a FOX6 investigation finds that many of the people defrauding the unemployment system actually have jobs. They just claim they don't, so they keep collecting benefits. In other words, they are literally working the system.

In order to keep a roof over his own head, Nick Brzezinski repairs and installs them for others. For more than a dozen years, he's been a roofer.

Nick B 3

Nick Brzezinski claimed thousands of dollars in unemployment compensation while working as a roofer.

But in 2010, he decided to beef up his paycheck by claiming he was out of work.

For 28 straight weeks, he filed claims that he performed no work and earned no wages.  This, while he was working for a roofing company the whole time.

He even groused about the long hours on Facebook.

By the time the state caught on, Brzezinski had collected more than $10,000 in fraudulent benefits.

For that, he was convicted of a low-level misdemeanor, and he didn't even go to jail.

"Why would I stop doing it if I can go in and get a little slap on the hand?" Rep. Chris Kapenga (R-Delafied) said.

It's the kind of thing that could send a guy like Rep. Kapenga, well...through the roof! That's why he says it's time to get tough on unemployment cheats.

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State Rep. Chris Kapenga wants to make changes in state law and add stronger penalties for those convicted of unemployment fraud.

"We're saying, 'hey, let's actually put something in place with teeth in it,'" Rep. Kapenga said.

Just weeks before Brzezinski started cheating the system out of $10,000, the state issued a warrant against him for $3,000 from an earlier case, for which he was never charged.

In other words, it appears Brzezinski may be a repeat offender. And if so, he's far from alone.

"It's frustrating to me as a legislator that this many people are taking advantage of the system," Rep. Samantha Kerkman (R-Salem) said.

Last year, Rep. Kerkman requested an audit of the unemployment insurance program. It found that over a three-year period, more than $86 million in unemployment benefits were paid to people who intentionally misled the government.

Kerkman audit

Rep. Kirkman and Bryan Polcyn go over the results of state audit for unemployment fraud.

"It's just a huge amount of money," Rep. Kerkman said.

The state Department of Workforce Development logged more than 64,000 fraudulent claims in those three years...bogus claims made by roughly 44,000 different people.

"Obviously some people are doing it more than once," Rep. Kerkman said.

Now, Rep. Kerkman, Rep. Kapenga and more than two dozen other state lawmakers-- all Republicans-- have signed onto a bill that would ban repeat offenders from collecting unemployment for seven years.

"When you talk seven years, that's gonna perk people up," Rep. Kapenga said.

They refer to it as a "two strikes and you're out" approach.

"This saying if you go out and you willingly commit fraud and you commit it again, we're going to do something about it," Rep. Kapenga said.

In addition, Governor Scott Walker's budget calls for increasing the penalties for unemployment fraud from a misdemeanor to a felony when the total theft is more than $2,500.

But all this attention on fraud is drawing fire from Walker's political adversaries.

"The demonizing that I feel is happening in this case is very, very concerning to me," Rep. Melissa Sargent (D-Madison) said.

When legislators met last month to discuss the state audit, emotions were high.

"'I find it profoundly unconscionable that anybody in any circumstance would try to justify what is tantamount to stealing," Rep. John Macco (R-Green Bay) said.

"I think it is uncalled for for a colleague of mine to say that some of us are justifying fraud," Rep. Terese Berceau (D-Madison) said.

Rep. Sargent said the biggest problem isn't fraud.  It's how many people still don't have a job.

"They've lost all hope. And we have an awful lot of people in that case in Wisconsin," Rep. Sargent said.

Ironically, most of the people defrauding unemployment already have a job. And Joe Handrick with the Wisconsin Department of Workforce Development says what they're doing is stealing.

"They are not only stealing from the employers who pay that money in, but they are also harming the other employees in the state of Wisconsin who need that system and who are not defrauding the system," Handrick said.

So why don't more unemployment cheats go to jail?

While the state says more than 44,000 people defrauded the program over a three-year period, FOX6's investigation finds just 93 of them were referred for criminal charges.

"The district attorneys around the state have been saying 'we just don't have the funding to go after this stuff,'" Kapenga said.

Last year, the state referred 19 cases to district attorneys around the state. Only two resulted in criminal charges.

"And that's why we're hopeful that the penalties in the state budget will, a) provide more of a deterrent to fraud and, b) provide more of an incentive to district attorneys to want to take these cases up," Handrick said.

Remember Nick Brzezinski?

Just 10 months after he was sentenced to probation for bilking $10,000 from the unemployment system, he was arrested for stealing air conditioner parts from people's homes.

Nick B 2

Brzezinski still owes thousands to the state for unemployment fraud.

For that, he was sentenced to nine months in jail -- nine more months than he got for ripping off taxpayers.

"If you break the law, there has to be consequence to it. We're a nation of laws. If you don't hold them accountable to it, then what good is the law?" Rep. Kapenga said.

Nicholas Brzezinski has paid back the $3,000 judgment from early in 2010. But according to court records, he still owes more than $11,000 for defrauding unemployment later in that same year.

Brzezinski did not respond to requests for an interview.

Meanwhile, the Department of Workforce Development says that, while most  cases do not result in criminal charges, they are aggressive about pursuing repayment through things like intercepted tax returns, wage garnishment and other administrative means.

But it takes time.

They hope to recover as much as 78% of the fraudulent benefits paid out last year over the next 10 years.

“You have 30 seconds to take that towel off:” Prosecutors say ‘sextortion’ is a growing problem

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MILWAUKEE (WITI) -- What would you do to keep nude images of yourself from going public? For a growing number of people, the answer appears to be -- whatever it takes. And that is giving rise to a new and disturbing category of crime, commonly known as 'sextortion.'

It's a form of blackmail that usually involves threats to release sexual images of a victim unless the victim pays money or performs sexual favors. It's happening to adults and kids in Milwaukee and across the country. And you could become a victim, even if you've never sent a naked picture of yourself to anyone.

"I was just messin' with her," a 25-year-old Milwaukee man, whom we'll call 'Jimmy' said.

A few days after 'Jimmy' had sex with an 18-year-old friend, he sent her a text she wasn't expecting.

"When are we gonna make another video?" his victim recalled it saying. "And I'm like, 'what do you mean another video?'"

A criminal suspect meets with a Milwaukee Police Detective after he threatens to post video of a sexual encounter with a female acquaintance.

A criminal suspect meets with a Milwaukee Police Detective after he threatens to post video of a sexual encounter with a female acquaintance.

Jimmy not only recorded their first encounter -- he wanted to make a sequel.

"I was tryin' to have her come back," he later told a detective during a videotaped interview.

When the young woman, whom we'll call 'Deanna' refused, he tried to intimidate her.

"'Oh the video's doing numbers,' like he already showed some people," Deanna recalled him saying.

"'Your video is doing numbers.' What does that mean?" the detective asked Jimmy during the interview.

"That's scaring her -- making it seem like everybody liking it, things like that," Jimmy said.

He threatened to post the video on Facebook too.

"Like my family's going to see it and everything," Deanna said.

"Pretty much everything I was doing, I was trying to get her to be scared," Jimmy admitted to police.

And according to Erin Karshen, an assistant district attorney in Milwaukee County, fear works.

DA 1

Erin Karshen, assistant district attorney in Milwaukee County, says sextortion is on the rise.

"It is extremely powerful," Karshan said.

She prosecutes sensitive crimes and says perpetrators use fear to get what they want.

"They either want more nude images or they want some type of sexual contact or they want money," Karshan said.

Last summer, a 15-year-old Milwaukee boy got a Facebook friend request from a girl named "Nely."

According to a search warrant affidavit filed in January, "Nely" asked if he wanted to have sex, then instructed him to go on Skype and perform sex acts for her. He did and "Nely" recorded it. And that's when the person posing as Nely revealed he was actually a man. That's a scenario Karshen says is not uncommon.

"You can get stock images from the internet, so you can fill that fake profile," Karshen said.

The man posing as Nely threatened to post the video of the boy's sex act online unless he paid $100 and agreed to meet at a south side Milwaukee park for sex.

"The victims will do whatever it takes to make sure these nude images don't get out," Karshen said.

So the young man grabbed $100 and headed out the door toward the park. He started walking. And walking. And walking. According to the search warrant, the boy walked to 13th and Cleveland -- more than three miles from his home. He was two blocks away from the park when he "got scared" and went to police instead. Karshen says that case is still under investigation, but it's emblematic of a growing problem.

A man posing as a 17-year-old girl is accused of tricking a 15-year-old boy into performing a sex act on a web cam. The man recorded the act, then threatened to release it publicly unless the boy paid him cash and met him at a local park for sex.

A man posing as a 17-year-old girl is accused of tricking a 15-year-old boy into performing a sex act on a webcam. The man recorded the act, then threatened to release it publicly unless the boy paid him cash and met him at a local park for sex.

"It's not unique to Wisconsin," she said. "It's not unique just to Milwaukee. It is a growing trend that we're seeing throughout the nation."

Sexual blackmail is known around the world by a single word -- sextortion.

Two years ago, Miss Teen USA -- Cassidy Wolf -- disclosed that a hacker had secretly recorded her in the nude, then tried to blackmail her into sending more sexual photos.

"My computer and my webcam were hacked into," she said.

Turns out, the hacker was a 19-year-old former classmate who had done the same thing to women all over the world.

Even if you only keep sexual images in a private folder on your home computer, you could still be a victim. In New Hampshire, 21-year-old John Villegas is serving 33 months in federal prison after breaking into the home of a female acquaintance. He stole her laptop, then sent an email that read, "what if I told you I have 'pics' of you? Like a lot. Would you sent me more?" When she balked, he threatened to release the nude photographs he'd found on her computer. They were private pictures taken with her own digital camera. The victim later committed suicide.

"It's horrible for victims." Karshan said.

But perhaps the most egregious case of sextortion is the one that launched the term into national prominence six years ago. A case that happened right here in Wisconsin.

Anthony Stancl was a student at New Berlin Eisenhower High School when he posed online as a teenage girl. He tricked more than 30 boys into sending him nude images, then blackmailed seven of his classmates into homosexual sex acts to avoid having their photographs released. Stancl is now serving 15 years in prison.

"I think a lot of parents learned something from this. At least I hope they did," said Wisconsin Attorney General Brad Schimel, who was then the Waukesha County district attorney.

But charging the blackmailers isn't always easy. There is no such thing as "sextortion" in Wisconsin's criminal law books.

"We've tried to become pretty creative in finding statutes that deal with this," Karshen said.

Karshen recently charged 18-year-old Cameron Wiley with an offense that technically falls under the heading of property crimes.

"Threats to communicate derogatory information," Karshen reads from a statute book.

Posing as a 15-year-old girl, Wiley allegedly coaxed two other teenage girls to send nude photos of themselves through a social media site called 'Kik.' He then threatened to expose them if they didn't send more. According to one text exchange included in the criminal complaint Wiley warned, "you have 30 seconds to take that towel off. Think I'm playin'? Imam [sic] show u what happens to property that doesn't cooperate."

Cameron Wiley is scheduled for a plea and sentencing May 21st. He is accused of tricking a teenaged acquaintance into sending nude photos, then threatening to 'expose' her publicly if she did not send more.

Cameron Wiley is scheduled for a plea and sentencing May 21st. He is accused of tricking a teenage acquaintance into sending nude photos, then threatening to 'expose' her publicly if she did not send more.

One of the victims complied.

"It just shows the amount of power that someone has when they possess these nude images and these nude videos," Karshen said.

"I was just tryin' to mess with her back. That's all," Jimmy said.

Remember 'Jimmy?' When police interviewed him, he had no idea what crime he was accused of. And, frankly, police weren't sure at first either.

"They didn't know exactly like, what category to put it in I guess," Deanna said.

He was eventually charged with "capturing an image of nudity without consent," but a jury found him not guilty. He never did post the video online. And he was never charged with threatening to post it.

"If I posted the stuff we was doin', that's a felony right?" Jimmy asked.

"Yeah," the detective replied.

"Exactly. But I never did that," Jimmy said.

Deanna says the threat alone left an emotional scar that won't  soon go away.

"Just keep the victim in mind. Just know that this is not a victimless crime at all," Deanna said.

Experts say the number one thing you can do to protect yourself from sextortion: Don't take nude photos in the first place. Certainly don't send compromising photos of yourself to others.

But that still may not be enough.

Digital security experts say you should cover your webcam when you're not using it. Use a firewall and anti-malware program on your computer. And parents -- talk with your kids about these kids of threats. Let them know it's okay to come to you if they're being threatened or coerced by someone online.

In the meantime,  district attorneys are finding ways to hold offenders accountable. But they are relying on laws that were written long before crimes like these were even possible.

Woman accused of stealing her own sister’s identity: “Nobody should have to go through this”

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LAKE GENEVA — When police pull you over, one of the first things you can expect is to prove who you are. But in Walworth County, police might not believe you are who you say you are.

"I saw four tickets on my record that I 100% did not do,"Jane Bowler said. "I wasn't even there. I wasn't even in Wisconsin."

In 2014, Bowler discovered someone had been using her identity to get out of traffic tickets. She went to the Department of Motor Vehicles in Louisiana, where she lived at the time, to renew her driver's license. The DMV said her license had been suspended for a year.

"I had no clue," she said.

Jennifer Bowler

Jane Bowler explains how she felt when she found out her own sister stole her identity.

Bowler was working for AmeriCorps and the Red Cross in New Orleans. At the same time, though, she was somehow racking up traffic tickets in Wisconsin.

"I lost my license for a year. My husband and I paid hundreds to thousands more in car insurance," Bowler said.

Bowler and her husband spent hours trying to call officials in Wisconsin to get to the bottom of it, but nobody took them seriously.

newspaper

Jane Bowler saw her name in the local paper accused of crimes she did not commit.

And then her name ended up in the Lake Geneva newspaper.

"In a blink of an eye my identity, my record was just messed up," Bowler said. "I was hysterical."

The newspaper reported she had been pulled over for drinking and driving. When she tried to get her record cleared, she says police weren't very helpful. The Walworth Country District Attorney's Office sent Bowler an email saying, "We cannot assist you in any way."

She finally showed up in person at the Lake Geneva Police Department to explain the mistake.

"She didn't give them a fake ID. All she gave them was my name, my birth-date and my address and these tickets were put on my name," Bowler said.

As it turns out, it wasn't a stranger that had stolen Bowler's identity. It was her own sister, Anna Bowler.

sister picture

Anna Bowler used her sister's identity to get out of several traffic tickets and a DUI.

"I want her to know that she can't keep doing this to me," Jane Bowler said.

Jane Bowler says her sister has a drinking problem and they've hardly spoken in years.

Between 2011 and 2014, police reports show Anna Bowler lied to police about who she was at least six times.  Anna Bowler, who looks nothing like her sister Jane eventually admitted that she lied because she didn't want to go to jail. The OWI last fall would have been her third.

Over and over again, Anna Bowler told police she was her sister Jane and police believed her.

Why? How?

Walworth County Sheriff's Captain Robert Hall admits he was "bamboozled." He and a handful of other law enforcement officers -- working for the Lake Geneva Police Department and the Walworth County Sheriff's Office, bought Anna Bowler's story.

Hall says Anna Bowler told police she didn't have her license on her when she would get pulled over. That's when Hall and other officers would ask her to write her information down on a piece of paper.

Captain Hall

Captain Hall explains the circumstances when he pulled over Anna Bowler for a traffic violation.

Sure enough, when they ran her "name," and birth-date, they came back to a real person.

Hall figured she must be telling the truth.

"How many of us could go around and have our sister's address and know where our sister has lived?" Hall said.

He says people lie to police all the time. It's just that Anna Bowler was apparently a better liar than most.

"I truly believed through the information she was able to provide that she was who she said she was," Hall said.

And so, it seems, did most of the other officers who pulled over Jane Bowler's sister during the last four years. Jane and her husband say they can't believe police would be so naive.

"It's messed up," says Steven Ashley, Jane's husband.

"We tried to do the right thing," said Hall. "We look to serve people the best that we can and I know that this is the furthest thing that we wanted to happen to Jane."

Captain Hall speculates that one out of every four drivers don't have their license on them when they get pulled over.

And when that happens, he says, there's no policy that requires officers to independently verify drivers are who they say they are. Unlike officers with the Milwaukee Police Department, officers don't have mobile fingerprint units in their squad cars.

"She almost got away with it," Hall said.

sister record

Anna Bowler has been charged with several felony counts of identity theft after using her sister's identity to get out of several traffic violations.

Anna Bowler is now facing felony charges of identity theft -- and the Walworth County Sheriff's Office has re-issued five traffic tickets that she initially got out of paying.

But her sister Jane is still fighting to clear her name.

Even though the Walworth County Sheriff's Office removed the drunk driving charge from Jane's record, all of the other traffic violations remained.

That is until FOX6's investigation prompted local officials to take action.

"We found out on the back end," said Daniel Necci, Walworth County District Attorney. "We've responded. I wish it hadn't taken so long, but hopefully we are able to rectify it now."

Late last month, all of the cases against Jane Bowler were re-opened and she finally got her chance to tell her story.

"I have suffered a lot from these," Bowler told Walworth County Circuit Court Judge Kristine Drettwan.

The judge agreed, and dismissed all of the cases.

For Jane Bowler, it's a relief. But she still feels like this could happen to anyone. And police should be more careful.

"Nobody should have to go through this," she said. "There should be stricter laws for issuing tickets."

“You will address me as Master:” Wauwatosa teen tells harrowing story of ‘sextortion’

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WAUWATOSA -- All she wanted to do was flirt. A Wauwatosa teenager took a selfie and sent it to someone she'd never met. That photo quickly became a tool for sexual blackmail. And what happened to this teenager could very easily happen to you or your child.

The 17-year-old Wauwatosa girl exposed more than her private body parts. She exposed herself to a powerful new form of digital extortion. Now, she's telling her story so you and your children know what's really at stake when you hit 'send.'

It's not as though sexual flirtation is something new. The old adage "I'll show you mine if you show me yours" dates back generations. The difference today, of course, is technology. Mobile phones make it easy to snap digital photos of your own body and instantly send them to someone -- anyone -- anywhere in the world. It's a practice commonly known as "sexting."

And while sexting with someone you know is risky, there's perhaps even greater risk in sending nude photos to a person you've never met. That's what 'Molly' did.

"A lot of people out there, they question, you know, 'Why did you do it in the first place?'" she said.

'Molly' is a fake name FOX6 is using to identify the victim in a criminal case that recently surfaced in Milwaukee County. She agreed to share her story with FOX6 News as long as we kept her identity a secret. And while Molly doesn't want us to show her face, she showed off her entire body to a complete stranger through a social media app called 'KiK.'

"And I admit that was a careless action on my part," she said.

Molly

"Molly" says it was a mistake to send nude photos to someone she'd never met, but says that doesn't make it right for Cameron Wiley to use the photos as blackmail.

Molly is a lesbian. When she was 17, she traded fully nude photos with another girl she knew only as 'Haley,' a 15-year-old from Chicago. A friend at school had been texting with Haley as well, and thought the two might hit it off. Soon, Molly and Haley started chatting.

It was a sexual connection from the start. They traded nude photos, though Haley's never showed her face. After the first few exchanges, Molly grew increasingly uncomfortable. Haley continued to badger her for more. Eventually, Molly refused to send any new pictures or videos. And that's when things got scary.

In text messages later recovered by police, Haley wrote, "You have 3 minutes to send those two pics... if u dont imma start exposing your [expletive] all over the internet and to all your wauwatosa people."

Haley was threatening to post the naked pictures online. And then, she started counting down.

"29... 28... 25... think im playing"

"'I was afraid that if it ended up on the internet, you know, my reputation would be ruined," Molly said. "I thought at the time my life would be ruined."

2015-07-02 12_39_28-Text messages.tif - Windows Photo Viewer

Text messages traced to Cameron Wiley show he threatened to post nude photos of the victim unless she complied with his request for more.

The fear turned to panic when Haley wrote, "I know ppl at your school."

"I just remember on a daily basis just sitting in my room and crying," Molly recalled.

Unsure of what to do, Molly tried to stall.

"Why me?" she wrote. "You don't even know me."

Haley replied, "I do it to any whore  who is dumb enough to send nudes to random people."

Turns out, Haley wasn't totally random. And her name isn't really Haley. In fact, she's not even a girl.

The 15-year-old Chicago girl whom Molly knew as 'Haley' was really Cameron Wiley of Milwaukee. Wiley knew of Molly through a mutual friend. He is the one who suggested that Molly and 'Haley' might be a good match. Wiley knew that Molly was a lesbian, so he pretended to be one too -- a trick that was all too easy to pull off behind a social media screen name.

As Molly continued to rebuff requests for more photos, Wiley's threats began to escalate. His words were dark and controlling.

"You will address me as Master," he wrote.

"The text messages reek of entitlement," said Erin Karshen, an Assistant District Attorney in Milwaukee County.

Molly wanted to turn off her phone and forget it ever happened. But she couldn't. If she cut off contact, she feared the blackmailer would carry out his threat.

"I felt like he had all control over me," Molly said.

"Once he has those nude photos, the defendant holds all of the cards," Karshen said.

After three days of psychological torture, Molly went to police, who traced the messages back to Wiley. Prosecutors charged him as an adult with three counts of attempted threats to communicate derogatory information, a Class A misdemeanor. It's a crime more commonly known as "sextortion."

"What a horrible, hateful, spiteful, malicious thing to do to someone,'" Milwaukee County Judge Stephanie Rothstein said.

But Wiley is hardly the only one doing it. His case is one among several now making their way through the Milwaukee County criminal justice system. And a new study by Indiana University finds 20% of undergraduate college students say they've been coerced into sending sexually-explicit photos to another person. Most of the time, the aggressor is not a stranger, but a trusted, intimate partner.

wiley in court

Cameron Wiley pleaded guilty to misdemeanor charges for threatening to post nude photos online unless his victim complied with a request for more photos and videos. He was sentenced to one year of probation.

"You never know one day from the next what is going to happen and if that person is going to turn on you," Molly said.

No one was more surprised by Cameron Wiley's sexual blackmail than his parents.

"There is absolutely no way that a young man that I am raising is making these sorts of statements," Tammie Wiley, the defendant's mother, said.

Tammie Wiley told the judge she and her husband are married, college educated, God-fearing Christians, who go to church twice a week, eat family meals together and keep parental controls on the home computer.

"You think you got loopholes covered and you really don't," said Michael Wiley, Cameron's father.

They had no clue that their "bright, intelligent teen" was leading a double life.

"I want to say I am deeply sorry since this incident has happened," Cameron Wiley said during his sentencing hearing.

He told the judge he hasn't forgiven himself for the horrible things he said in those text messages to Molly.

Things like:

i might as well make u suffer the rest of ur life

when jobs and colleges google your name, they're gonna see this s*** b****

"You are here today asking the court to give you some consideration so that you can have a life. So that you can go to college. So that you can have a good job. Kind of ironic isn't it?" Judge Rothstein lectured.

In the end, the judge declined to send Wiley to jail, opting instead for one year of probation.

"These predators are getting off with a slap on the wrist," Molly said. "I want to help prevent that from happening again."

Molly wants to see tougher laws for dealing with sextortion. For now, she has a warning to anyone who thinks it's okay to send nude photos to someone else.

"Never cut yourself that short," she said. "Never be that careless about yourself and know that you deserve more."

“You suck!” Local business owners want money back after advertising in Kids Directory

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MILWAUKEE— Mark Harmaan's great-grandfather started Homestead Animal Farm in Hartland 138 years ago. You might say it's the American dream.

Hartland Farmer

Mark Harmaan of Homestead Animal Farm

"We love it,"  Harmaan said.

So do all the kids who visit each fall to see the farm in its full glory. But if you leave the farm, and head 20 miles southeast to Milwaukee you'll see a different kind of American dream; a little magic hidden in a trailer off North 76th street at YETA Studios.

"Arts are disappearing from schools at a really horrifying rate," said dance teacher Lauren Ashley.

YETA Studios, which stands for Youth Empowered through the Arts,  is filling that void for inner-city kids.

"Kids that wouldn't get the opportunity to participate in these activities otherwise," Ashley said.

Homestead Animal Farm and YETA Studios are two vastly different small businesses, with one thing in common: Their desire to help kids made them targets.

Dance studio

YETA Studios Head Choreographer and Dance Teacher, Lauren Ashley

They both paid big money to place an advertisement in a free booklet called the Greater Milwaukee Kids Directory.

"These guides would be distributed to local businesses, you know, right here in our area," Ashley said. "They told us doctors offices and grocery stores." They told Harmaan and his wife the same thing.

"As far as I can tell that never happened," Ashley said.

"We never saw one customer come through with any of the coupons," Harmaan said.

Both businesses say they paid up front, but when they asked to see a copy of their ad nobody ever got back to them. And if they did, it was after complaints were filed with the Better Business Bureau -- or after months of emailing and calling.

"We told them that we were unhappy with it, that we wanted our money back," Harmaan said.

But the owners of the Kids Directory refused to refund their money.

Frustrated, they called the FOX6 Investigators.

"They'll print out maybe one or two copies of this guide and send it to you and say, 'Hey look, this is so pretty. This is the guide,'" Ashley said.  "And then you will never hear from them again."

directories

Kids Directory pamphlets that hit areas in Greater Milwaukee and Northeastern Wisconsin.

This is a list of nearly 300 businesses where the Kids Directory is supposed to be distributed.

For an entire afternoon the FOX6 Investigators went looking for the colorful booklets. Over and over again we found nothing.

More often than not, nobody had ever heard of the pamphlets.

"It really sucks to have that chunk of money go poof," Ashley said.

court records

The Belsha's have a history of not holding up their end of a deal. Court records in Wisconsin, Arizona, and Wisconsin show they often get sued for not following through on contracts.

Curious to see if other local businesses had been burned, we looked up court records. A place called Palette and Pub in Green Bay, Wis., sued the Kids Directory in 2014 for the same thing.

In that case, a judge ordered the Kids Directory to pay back more than $4000 to the local business.

The couple behind the directory, in Green Bay and Milwaukee, is Kathleen and Harry Belsha. They publish the Greater Milwaukee Kids Directory and the Northeast Wisconsin Kids Directory. They were trying to start a Seniors Directory at one point, too.

We found evidence they have quite the history of not holding up their end of a deal.

Lisa Van Donsel met Kathy Belsha in 2013 when she got a call out of the blue from a company called Completely Clean.

"They got me when I was vulnerable," Lisa Van Donsel said.

Van Donsel, who suffers from multiple sclerosis, had just gotten out of the hospital.

van donsel talks

Lisa Van Donsel talks about how the Belsha's took advantage of her while recovering from a hospital stay.

"She was very polished. Very likeable. And I was gullible," Van Donsel said.

The Belsha's offered to help clean and declutter her home.

"I just could not do it myself, so I hired them, and like I fool I wrote out a check," Van Donsel said.

And when they asked for more money...

"Like an idiot I wrote out another check," Van Donsel said.

She paid the cleaning company nearly $3,000. And when she refused to pay more, she says they just stopped showing up.

"I want my money back," she said.

Van Donsel sued and won.  But she did not get all of her money back.

"They're going to continue to do this until someone stops them," Van Donsel said.

It's a common complaint heard from Washington State to Wisconsin. Court records show the Belsha's owe more than $75,000 to people who trusted them.

They've been investigated for theft and writing bad checks.  Their cleaning companies, Completely Clean and Cathy's [sic] Cleaning Crew, have taken people to the cleaners.

booking photos

Kathy and Harry Belsha owe money to victims across the U.S.

We looked for them for weeks. A new tenant in one of their former homes told us we weren't the only ones on their trail.

"They don't live here but everybody's always been looking for them here, whether it's the police, neighbors, mail, everything."

Confrontation

Harry Belsha runs from our camera.

We finally found them in Green Bay.

We asked them why they owe so many people so much money. We wanted to see proof they were actually publishing and distributing the Kids Directories. But they ran away from us.

Small business owners like Ashley want the couple to finally be held accountable.

"Stop doing this to small business owners who are already struggling and just go away," she said.

For the businesses, it's not just about the money, it's about the kids who are losing out. YETA Studios, which opened earlier this year, was hoping for full classes this summer. They thought publishing an ad in the directory would do the trick. More kids enrolled would mean healthy competition, camaraderie and sense of community.

"That is what we were trying to get by advertising in this guide," Ashley said.

A lawyer for the Belshas faxed us this packet of information, after weeks of requesting an interview. When asked to show proof that the directories were being published, the Belshas did not respond. Over the phone, Kathy Belsha said the directories are very popular. She says we were not able to locate them at any of the area businesses where they are supposed to be distributed because they "fly off the shelves."

She says the businesses featured in this story were "difficult to work with," though her lawyer writes that their company, Wisconsin Marketing Resources and Publishing, LLC, "works to do right by its clients in all situations."

The Belshas have also been accused by other local businesses of organizing expos, taking money for booth space, and then cancelling the events. Monkey Joes says they paid for ads in the directories and paid to have their monkey attend an expo to take place at the Waukesha Expo Center in October, 2015. The Waukesha Expo Center told us there is no such event scheduled and the Belshas have failed to pay for the space as required by contract.

If you feel you've been wronged by Harry or Kathy Belsha, you can file a complaint with the Better Business Bureau by clicking here.

IRS still keeping costly secret from some taxpayers, victims of identity theft: “I will never give up”

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PRINCETON -- It's been two years since FOX6 Investigators exposed a federal law that prohibits the IRS from telling you if someone else is using your social security number to file their taxes. Now, a bipartisan effort is finally underway in Congress to change that, thanks in part to relentless hounding by a husband and wife from a small Wisconsin town. But will it be enough?

This is not the first time Robert and Debi Guenterberg have welcomed TV cameras onto their secluded lot in rural Green Lake County.

"We have bunny rabbits over here. We have goats," Debbie Guenterberg said as she led a two-man news crew through the property.

But it is the first time that English is the news team's second language. Toshi Horiuchi is a producer for a TV Asahi, a national network in Japan, where the government is considering a national ID system akin to social security. He learned of the Guenterberg's from a FOX6 investigation.

"I found her and her husband's story, which is totally amazing," Horiuchi said.

Two hours northwest of Milwaukee, Princeton is home to little more than a thousand residents, a half dozen antique shops, and an annual rubber chicken fling. It is also the setting for an outrageous case of identity theft. And Horiuchi sees it as a warning for the people of Japan.

japanese crew 2

A Japanese network TV crew follows the Guenterbergs' story as Japan tries to implement a system similar to the US Social Security system.

"This could happen to you in the future," Horiuchi said.

For years, the Guenterbergs have battled credit problems that seemed to come from nowhere.

"We get angry. We go through these ups and downs. We get depressed," Guenterberg said.

Credit cards, car loans and home loans were all denied. They had no idea why until 2007. A collection agent told them two men in the Chicago area were using Robert Guenterberg's social security number to buy their own cars and houses, open bank accounts and get credit cards.

"Stressful," Robert Guenterberg said.

Robert is a man of fierce conviction, but few words. His wife, Debi, is more vocal - and emotional.

"I cry and Bob gets angry," Debi said. "I am a woman. I cry."

The fallout from having his identity stolen has turned their lives upside down. Still, that's not what upset them the most.

"'The IRS knew. The IRS knows," Debi said.

Both the IRS and Social Security Administration knew as early as 1999 that Cornelio Suarez and Enrique Jiminez were using an invalid social security number.

But for years, the government kept it a secret from the rightful owner of that number -- Robert Guenterberg.

In a recent hearing before the United States Senate, IRS Commissioner John Koskinen said his hands are tied by the federal tax code, which prohibits the sharing of most tax information.

"We cannot reveal to anyone any taxpayer information," Koskinen testified.

According to Section 6103 of the Internal Revenue Service Code of 1986, tax records are private. Even the tax records of an identity thief.

"You get to know who stole your car, you know what I am saying?" Debi Guenterberg said. "You get to know who broke into your home. But you don't get to know the name of the person who took your personal identifier and ruined your life, you know?"

Ron Johson

Senator Ron Johnson (R - Wisconsin) has introduced a bill that would require the IRS to notify taxpayers if they are the victims of tax-related identity theft.

The Guenterbergs first shared their story with U.S. Senator Ron Johnson in 2013.

"You've got the IRS, because of a stupid law, a ridiculous law, knows that somebody is a victim of crime and can't notify the victim," Senator Johnson said.

Now,  Senator Johnson is sponsoring a bill that would require the IRS to tell you if your social security number has been compromised. The Social Security Identity Defense Act of 2015 would also require the IRS to tell other federal agencies, like the FBI and the attorney general.

"It's so common sense. If you realize somebody is committing a crime, wouldn't you notify the victim?" Senator Johnson said.

This is the third year in a row he's tried to change the law, but he is hoping to have more success this time, because of increased attention on the issue. The IRS suffered a massive data breach in May that compromised the accounts of more than 100,000 taxpayers. And a recent federal report that shows cases of tax-related identity theft have skyrocketed, from 440,000 cases in 2010 to nearly three million cases in 2013.

Mark Warner

Senator Mark Warner talks about the heavy toll taxpayers carry in fraudulent claims from the IRS.

And there is one other factor that plays in his favor -- Senator Mark Warner is the first Democrat to jump on board.

"The IRS paid out an estimated $5.8 billion dollars in fraudulent funds in 2013," Senator Warner said in a Congressional budget hearing earlier this year.

"When you start talking about billions of dollars, you can't ignore that," Debi Guenterberg said.

Johnson's bill would not allow the IRS to tell victims who stole their identity, only that their personal information was compromised.

"This is no home run," Johnson said. "I'd consider this a bunt single, but it's just a little common sense."

And it can't undo the harm done to the Guenterbergs.

unfinished house

The unfinished home where the Guenterbergs had hoped to live by now.

"That was supposed to be our home up there," Debi Guenterberg said, pointing toward the partially-completed home just a few dozen feet away. They still live in a modified garage, unable to get a loan to finish their dream home, which has stood incomplete for more than two years.

"It is just the labor costs to finish it," Robert Guenterberg said.

"I get up every morning and look at it and I dream about it," Debi  Guenterberg said.

The creditors still call.

"It doesn't go away," she said.

But just ask their elected representatives. The Guenterbergs don't go away either.

"Oh, I will never give up. I can't give up," Robert Guenterberg said.

"Long way to go. Long way to go," Debi  Guenterberg said.


Grocery store allowed to stay open despite “severe rat infestation”

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MILWAUKEE —  In June, customers who shopped at Lena's Food Market on Oak Street near Fond du Lac Avenue started sending FOX6 News photos on Facebook. The photos showed huge rats scurrying around the store.

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"That rat that they showed on Facebook was big, and it was just crawling across the floor," says shopper Latrice Braggs.

Milwaukee Health Department inspectors had documented the problem nearly a month earlier.

"This has been going on for years I heard," says Kenneth Dupree, who works across the street from the store.

"That's nasty," Braggs said when we showed her the photos, which show a dead rat in the basement, and rodent droppings on shelves near food and on the floor.

IMG_7954City Health inspectors documented 15 Food Code violations in these reports issued in May 2015. Shoppers are now asking why the store is allowed to stay open. Wasn't a rat infestation enough to close it down?

"That's scary 'cause I come in here every morning," Braggs said.

It started in May when  a shopper complained the food was freezer-burnt, the produce was spoiled, the store smelled bad, and it was very dirty.

A day later, city inspectors showed up.

They found 15 code violations and took pictures, which proved the store had a severe rat and fly infestation and rodent droppings were present throughout the store. In addition, inspectors noted an "extremely dirty produce prep and meat cutting room."

IMG_7953 Leon, who lives nearby, says he heard about the store having a rat problem, which is why he avoided buying meat at the store.

"I know not to shop for the meat because of the rat," Leon said. "So I shop for the can goods and the milk."

"Man, they should have closed it down, you know? For our health risks," Leon said.

The city did close it down, but only for one day, after another city inspection showed the store had been thoroughly cleaned and a pest control company had been hired.

Less than a month after it was re-opened, however, customers started complaining again.

"I would never get no meat or something in there because it has a funny smell, so you didn't know what it was from," said Dupree.

A shopper wrote to the health department that she was heading into the store when a raccoon-sized rat chased her back to her car.

"When you get people that don't want to go in the store and it is in their neighborhood -- that they would rather get a ride and go somewhere else -- that tells you something's wrong with it," Dupree said.

The store was open for more than a month after city health inspectors first documented the rat infestation.

Rat dead"If they found rat infestations and all these violations, they should have been immediately closed down. That's the Health Department's job," says Vera Martin.

Martin says she used to be a loyal Lena's customer.

"The one [Lena's] on Burleigh is just as bad," she said.

But then something happened.

"Just step in the door. You'll smell it. I walked around the store like this doing my shopping," Martin said.

She bought some bread at the store on Burleigh four months ago.

"When I pick up my breadirty floord I'm feeling for freshness, I'm not looking for rat holes," she said.

But rat holes is what she got. They had eaten through half her loaf.

"This is a grocery store. And if they're crawling in the bread, you know they're crawling on all the other stuff," she said.

She reviewed the business on Facebook outraged that when she took the bread back the manager acted like it was no big deal.

"It's disgusting that black-owned businesses don't care about the black community," she said. "This is where we buy our groceries. This is where we feed our families."

Lena's voluntarily closed its store with the rats last month, telling customers they were "remodeling."

"Another neighborhood store that shuts down for our community," Leon said.

According to Health Department records, it was a long time coming. Back in 2010 inspectors found dead rats, dead mice, and rodent droppings on food packages. Lena's Food Market on Oak Street has been cited for 33 Food Code violations in the last three years.

store closed for remodeling

Lena's customers have filed several complaints with the Milwaukee County Health Department. This store on W. Oak has had several food code violations in recent months.

Lena's  has a long history of food code violations at all of its stores, despite getting millions of dollars in tax credits and financial incentives from taxpayers.

"You must be making money. You opening more stores. But you'd think you'd clean up the store that you already got before you open some more," Martin said.

closed sign posted

Lena's at 2322 W. Oak has posted signs saying a remodeling effort is in progress.

The day the store closed down, FOX6 tried to talk to the owners. The store's manager told us we'd have to contact the corporate office, and they closed the doors on us.

Martin says maybe it's about time they closed their doors, and cleaned up their act. And she has a question for the owners:

"Would they feed their families from there?"

The Martin brothers, who own the Lena's chain (and are not related to Vera Martin), told the Health Department the Oak Street store will be closed for a year. They need the city's approval before re-opening.

In an emailed statement, Gregory Martin wrote:

"To address foundational and plumbing issues at their location on Fond du Lac and Oak, Lena’s made the decision to close this facility. The Company, which has served this community for 50 years, plans to do a complete renovation of this location to better serve their customers and community."

Martin refused to answer FOX6's questions about why the store hadn't shut down sooner, given all of the Food Code violations.

The Milwaukee Health Department is required to inspect food stores once a year, and every time someone complains. Annually, the city completes 8,319 food inspections.

A spokesperson for the Health Department says the presence of rodents in a grocery store does not require a store to be closed. The city only closes stores when there's an imminent public health threat. In the past five years, the city has closed 13 food stores for code violations.

There is no indication anyone has gotten sick from eating food sold at the Oak Street Lena's store. In addition, there was no proof rats had gotten into food packages.

If you have a complaint about a food store like Lena's, you can file a complaint with the Health Department here.

“Are you a doctor?” Former patients accuse optician of doing eye exams without a license

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KENOSHA -- They say the eyes are like windows to the soul. Would you trust just anyone to examine your eyes? FOX6 Investigator Bryan Polcyn has a word of caution before you make your next eye appointment.

A local optician is accused of doing eye exams without a license. The first complaint came in 21 years ago. He's still in business today. And when it comes to being a threat to the public, FOX6's investigation finds there may be more here than meets the eye.

Americans spend more than $20 billion a year on contacts and eyeglasses. But before you spend a penny, you need a prescription from a doctor.

"When you go see a doctor, you assume that the person seeing you is a doctor," said Samantha Gerrits, who went to see Lee Hagopian for an eye exam four years ago.

Hagopian is not a doctor. But the state of Wisconsin recently found he was acting like one. And FOX6's investigation has uncovered similar complaints as far back as 1994.


Search for Professional/Medical License Holders in Wisconsin


Former patients say Hagopian performed eye exams on them, even though he is not a licensed optometrist and never has been.

Lee Hagopian is an optician, but he is not a licensed optometrist. Still, several former patients say he conducted eye exams on them without a license.

Lee Hagopian is an optician, but he is not a licensed optometrist. Still, several former patients say he conducted eye exams on them without a license.

"He looked in my eyes and said that structurally, my eyes looked good," said Lisa Hawkins, who lives in Salem, Wisconsin, a short distance from one of Hagopian's business locations.

"He wore the lab coat," recalls Gerrits. "He was the only person in there."

"'It was just him in the office," said Shannon Hahn, another former patient. "No one else was there."

Hawkins says Hagopian was "impersonating a doctor."

When a FOX6 News producer approached Hagopian, he denied it.

"I don't want to talk to anybody when it comes to that," Hagopian said.

Hagopian recently opened a store called Eye Xamz in Kenosha. Before that, he owned Eyes On U Optical in Salem.

"It was very close to my house," Hawkins said.

In January, Hawkins made an appointment for a contact lens exam and says Hagopian greeted her at the door.

"And then he asked me to have a seat in the big chair," Hawkins said.

Hawkins says he did all the usual things eye doctors do.

"Which one looks better, lens one, lens two," Hawkins described. She noticed two licenses hanging on the wall -- one for Dr. Christopher Scott,  and the other for Dr. Robert Mahoney.

"Since he had just done a full exam, I figured he was one of those doctors," Hawkins said.

But when he referred to himself as 'Lee,' Hawkins got suspicious.

"I asked him flat out, 'Are you a doctor?'" Hawkins said.

She says she asked four or five times before he finally answered.

"And he told me yes," Hawkins said.

From 2006 through the beginning of 2015, Hagopian owned and operated "Eyes On U Optical" in Salem, Wisconsin. He recently opened a second office in Kenosha under the name "Eye Xams." The Salem location is now also called "Eye Xams."

From 2006 through the beginning of 2015, Hagopian owned and operated "Eyes On U Optical" in Salem, Wisconsin. He recently opened a second office in Kenosha under the name "Eye Xams." The Salem location is now also called "Eye Xams."

The next day, she tracked down one of the doctors whose name was on the wall.

"She was really upset that Lee was practicing as a doctor," said Dr. Robert Mahoney, a real, licensed optometrist.

Mahoney says he worked for Hagopian part-time in 2013 and 2014, but only did about 15 exams. He says he had no idea Hagopian was doing exams without him.

"He is implicating me and my license and my livelihood," Mahoney said.

The Kenosha County Sheriff's Department told Hawkins there's nothing they can do. It's not a crime in Wisconsin to impersonate an eye doctor.

"I couldn't just let it go," Hawkins said.

So she filed a complaint with the Wisconsin Department of Safety and Professional Services, the agency that oversees optometrists.

"She thought she got an eye exam. She didn't get an eye exam," Hagopian said.

Hagopian told a FOX6 producer that he only performed a preliminary test on Lisa Hawkins.

"I put her on the auto refractor just to say, 'hey, what's your prescription?'" Hagopian said.

And he told the state he had Dr. Mahoney's permission to do it.

"He certainly didn't have my permission to do that," Mahoney said.

Lisa Hawkins saw Hagopian in January. Shannon Hahn, last year. Samantha Gerrits, in 2011. And another patient told the state she's seen Hagopian three times since 2007.

In letters obtained by FOX6 News, Dr. Mahoney says he now believes Hagopian may have done  "100s of exams" over the years.

Dr. Mark Spankowski says that's a danger to the public. Most optometrists go through four years of undergraduate schooling and another four years of graduate education before they're even eligible to get a state license.

A former employee of Eye Xams tells FOX 6 that Hagopian would sell things like "anti-reflective coating" on eyeglasses for an additional cost, then instruct her not to get the coating.

A former employee of Eye Xams tells FOX6 that Hagopian would sell things like "anti-reflective coating" on eyeglasses for an additional cost, then instruct her not to get the coating.

They're specially trained to detect things like tumors, artery blockage, diabetes, even cancer.

Hagopian is optician, which requires no licensing or certification in Wisconsin.

"It might sound like an exaggeration, but somebody could die," Dr. Spankowski said.

When it comes to Lee Hagopian, FOX6's investigation finds public health is only part of the concern.

Shannon Hahn paid Hagopian nearly $700  for two pairs of glasses -- one for herself, and one for her daughter.

"He said he was putting on, like, an anti-glare that would help in my glasses," Hahn said.

FOX6 News took her glasses to Paramount Optical in Milwaukee for an expert opinion.

"These lenses do not have anti-reflective coating," Jamie Wallack, an optician at Paramount Optical, said.

That's no surprise to Renate Wissmar, who says she worked for Hagopian for a total of four days back in April.

"When we went to go order the lenses with anti-reflection coating, he said 'no!'" Wissmar recalled. "And I said 'what do you mean no?'"

Wissmar says Hagopian would tell customers they were paying for "high definition" lenses. But when it came time to order the actual lenses, she says, he instructed her to get something cheaper.

Bryan Polcyn: "You're saying these patients had been told they're getting HD lenses."

Renate Wissmar/former employee: "Every one of them."

Polcyn: "And they're being charged for HD lenses."

Wissmar: "Every one of them."

Polcyn: "And he told you to order something else."

Wissmar: "Yes."

But customers may not be the only ones getting ripped off.

"He's not an honest person," Hahn said.

On March 1st, 2014, Shannon Hahn says Hagopian performed eye exams on her and one of her daughters -- but billed her insurance company for exams and contacts for all five members of her family.

"That is insurance fraud," Dr. Mahoney said.

Dr. Robert Mahoney worked part time for Hagopian in 2013 and 2014. He says he had "no idea" Hagopian was doing exams and submitting insurance claims in his name. He told investigators he believes Hagopian may have done "100s of eye exams" over the years.

Dr. Robert Mahoney worked part-time for Hagopian in 2013 and 2014. He says he had "no idea" Hagopian was doing exams and submitting insurance claims in his name. He told investigators he believes Hagopian may have done "100s of eye exams" over the years.

Hagopian has never been charged with a crime related to the eye business. And complaints filed in 1994 and 2011 were closed by the state without any action. This year, the state finally issued an injunction that prohibits him from practicing optometry without a license. In other words, they told him, just don't do it again.

"It's a slap on the wrist for something that can do major damage to someone. I think it is ridiculous," Gerrits said.

Hagopian did not return calls for comment. And when FOX6 paid a visit to his Kenosha "Eye Xams" store, he immediately told us to "hit the road" and escorted us out of the building, locking the door behind him.

He's still allowed to sell contacts and eyeglasses. He can even offer eye exams, as long as there's a real doctor doing them.

"I don't think it's appropriate that that's all the State of Wisconsin is willing to do to protect people that are going into him," Hawkins said.

And that's why these woman are coming forward.

"I don't want somebody to go to a 'doctor' and he's not a doctor," Hahn said.

After all, hindsight is 20/20.

“They’re like bandits!” In the middle of the night, towing company takes cars, shocks drivers with new fees

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MILWAUKEE -- In the middle of the night, cars are disappearing from private parking lots all over Milwaukee. They're not being stolen. They're being towed away. One company is towing far more cars from private property than anyone else. And their bill could leave you with a bad case of sticker shock.

$380 is a lot of money.

For that price, you could:

  • Buy a pair of tickets to see the Packers host the Chiefs at Lambeau Field in September
  • Buy an Apple Watch
  • Purchase a pair of iPhones
  • Pick up 95 cups of Starbucks coffee

Or, you could pay get your car out of the impound.

On a recent Sunday morning, a little after 4:00 a.m., FOX6's hidden cameras recorded a tow truck rolling through the Woodlands -- a sprawling condominium complex near 91st and Brown Deer Road.

"They come exactly when they think people asleep," said Carolyn Trammel, a tenant at the Woodlands.

"They sneak up and get the cars and they back out without anyone even knowing that they are over here," said Markquita Macklin, another Woodlands tenant.

This is the night patrol. And it appears they don't want anyone to know they're coming.

"They literally creep around parking lots with their lights off," said Jimmy Williams, a tenant at another complex patrolled by the same company.

"Like bandits," said Anthony Ward. "Thieves in the night."

One by one, they haul cars back to their storage lot at 37th and Wells. And in the morning, tenants all over Milwaukee wake up to an empty parking space. And a bad case of sticker shock.

"They told us it would be $380," Trammel said.

"It was $380," Felicia Rogers, mother of a towed driver said.

"$380," Elizabeth Nelson, a towed driver said.

"$380," Williams said.

"$400," Lalecia Wilkins, another towed driver said.

"$410," Alex Dema, a towed driver said.

"It was going to be $425," Macklin said.

"It's almost $500!" Ward said.

The state recently increased the fees towing companies can charge when they tow cars from private lots. And Mike Tarantino is taking full advantage.


WisDOT is still accepting public comments on the new towing fees.

Click here for more information.


"No one's ever happy to get their vehicle towed," Tarantino said.

He is president of Always Towing, one of Milwaukee's largest private towing companies. And one of its most controversial. So controversial that  Always Towing  recently started a new division with a new name -- 24-Hour Towing.

"So he's doing a sneak attack," said Elizabeth Nelson, a towed driver.

Appropriate for a company whose trucks patrol in the wee hours with their headlights off.

Tarantino

Mike Tarantino, who runs Always Towing, says the fees associated with their tows are justified by the costs they incur for maintaining trucks, training employees and operating sophisticated data management software.

"The idea is to not disturb the tenants that are there," Tarantino said.

It used to be that an unauthorized vehicle had to be ticketed before it could be removed from private property. But a new law that took effect last summer cut police out of the process. Since then, more than 3,000 vehicles have been towed from private property in Milwaukee -- nearly half of them by Always Towing.

"We have a full service parking management program that we offer to the landlords," Tarantino said.

The service is free to landlords who sign a contract, giving Always Towing  virtually unchecked authority to haul away cars -- each tow worth hundreds of dollars in fees. They don't even have to wait for a complaint.

"It's all economics. World goes around with money," Williams said.

Once Always Towing is in charge of parking enforcement, tenants are required to display a parking permit. Failure to do so is automatic grounds for removal. No warnings.

tow victim

Anthony Ward says it's not fair to charge more than $400 for a vehicle that belongs to a tenant who lives in the complex and is not taking up another person's parking space.

"Give a person a chance," Ward says.

No second chances.

"If they caused the vehicle to be towed by not displaying the permit -- they are liable for the charges,"Tarantino said.

Records obtained by FOX6 News show other towing companies tow more vehicles during the daytime and throughout the week. But Always Towing does most of its work between 9:00 p.m. and 6:00 a.m. on Friday, Saturday and Sunday.

"You have a lot more traffic at night and on the weekends," Tarantino said.

And that creates a real problem for people like Alex Dema.

"I understand. I got towed. Fine," Dema said.

Dema was visiting his girlfriend's apartment on a Saturday night when Always Towing took his car. But when he called to get the car back, he was told he'd have to wait until Monday.

"His exact words were, 'It sounds like you are in a jam,'" Dema said.

Always - Time and Day of Week

 

 

 

 

 

 

You see, while Always Towing takes vehicles 24 hours a day, you can only pick them up Monday through Friday, and a few hours on Saturday.

"For a towing company to be open seven days a week, 24 hours a day would, again, significantly increase the costs of doing business," Tarantino said.

More tows on the weekend means more money, since state law allows them to charge $30 for every day they keep your car. But it's another recent change by the state that has tenants flooding the FOX6 Investigators with complaints.

Last fall, the Department of Transportation approved Emergency Rule 1425, which set the maximum charge for a private property tow at $120 plus storage and a few other miscellaneous fees, but towing companies convinced the DOT to let them charge more.

On April 30th, the state increased those charges big time with Emergency Rule 1514.

The maximum charge for a tow is now $150 plus another $150 to cover "any other necessary and commercially reasonable charges."

So now, Always Towing includes a $75 administrative fee, a $50 lien processing fee and a $25 gate fee.

"Gate fee? What the heck is a gate fee?" Ward said.

"They have to be escorted to their car, and the vehicle has to be moved within the lot itself," Tarantino said.

All tolled, the new state regulations allow for a maximum fee of $365 plus taxes the moment your car hits the impound lot. The bill often exceeds $400 by Monday morning, because of additional storage fees.

"I don't have $400 to pay for a car that's only worth $800," Nelson said.

"People don't have money like that," Ward said.

"That is half of what I paid for the car," Trammell said.

Tarantino says they have to maintain 15 trucks, a 10,000 square foot building, specially trained staff, security, and a  sophisticated software system with photographs that document every vehicle they tow.

"All that generates an overhead," Tarantino said.

And he says they're providing property owners a valuable service.

"Landlords don't like getting calls at 2:00, 3:00, 4:00 in the morning -- 'Hey I just got home from work and someone's parked in my parking space,'" Tarantino said.

But that's what irks some of these drivers the most.

"It's not like our vehicle is being towed from other people's spots because it is not." Ward said.

"I'm parking in my own spot. I don't take anyone's spot. Ya know?" Williams said.

Many of them live in the apartment complexes where they were towed. In some cases, they were parked in their own assigned parking spot.

"102. That's my apartment number," Williams said.

Their only offense -- a missing sticker.

"I was authorized to park here and I just don't feel it was fair," Macklin said.

tow victim 2

Alex Dema doesn't argue with why he was towed, but is upset that he could not get his car back for two days because it was towed on a Saturday night.

"There is a difference between trying to be profitable and taking advantage of people and I really feel they are trying to take advantage of people with this," Dema said.

"It is a thing between right and wrong. Morals and values," Ward said.

If there's a moral to this story, consider the parking ticket Jimmy Williams found on his windshield.

FOX6's Bryan Polcyn: "How much does that cost?"

"$20," Williams said.

If you're going to park your car in Milwaukee overnight, you might just be better off parking on the street

"I have no problem paying this one. I'll go pay this right now,"  Williams said.

Always Towing says it has more than 5,000 contracted properties to patrol.

FOX6 News tried to reach three of the landlords who have contracts with Always -- The Woodlands, Berrada Properties, and SAC Investments. No one returned our calls.

The state's current fee schedule is temporary, but it could soon become permanent. A public hearing on the current rule was held in Madison earlier this week, and the public comment period officially expired on Friday, July 24th, 2015. However, the Department of Transportation's Office of General Counsel tells FOX6 they will try to incorporate any additional comments they receive in the next few days. But time is of the essence. If you'd like to make a public comment about the fees charged for private property towing in Wisconsin, you can send an email to Jennifer Peters -- Jennifer.Peters@dot.wi.gov

Kids in crisis: Suicide among young people in Southeast Wisconsin on the rise

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RACINE —  More kids in Wisconsin are killing themselves. Suicide, especially among young people, is a public health crisis that affects all of us.

abby - depression

Abigail Goldberg, age 13

After an extensive review of medical examiner reports in Milwaukee, Racine, Kenosha, and Waukesha counties, we've calculated that in the last five years in Southeast Wisconsin 71 kids and teenagers have died by suicide. Some were as young as 11 years-old. Seven young people have already taken their lives in 2015.

Cameron Langrell, a 15-year-old freshman at Horlick High School, died by suicide earlier this year. His parents, Jamie and Eric Olender, have chosen to speak openly out about his death in an attempt to help other kids who are struggling.

Tyler Webb, age 16

Cameron was a transgender teenager. We are referring to him as Cameron because, his parents say, he had not asked them to refer to him by any other name, or with female pronouns.

"Cameron was just beginning his journey," says his mom, Jamie Olender. "A transition journey, whether he wanted to see that through or not, had just begun."

Cameron's parents say they supported him, and urged him to be himself, no matter what.

Cameron Langrell, age 15

"He was just trying to identify with who he wanted to be," Jamie says. "He never asked to be called anything other than Cameron, never asked for pronoun changes or asked for anything specific, just wanted to be loved — and he was. He was loved by a lot of people.”

"In one of his notebooks he said he wore a mask every day and he pretended to be happy," Jamie said.

In Southeast Wisconsin, in the last five years, 71 people age 19 and younger have killed themselves (33 in Milwaukee County, 19 in Waukesha County, 12 in Racine County, and 7 in Kenosha County). Nearly half had barely celebrated their 16th birthdays.

Rachael Salmon, age 14

"People are shocked by  the ages that kids are completing or attempting — younger and younger," says Martina Gollin-Graves, the President of Mental Health America of Wisconsin. Her organization is a leading voice for suicide prevention statewide.

"We all have to do a better job at understanding and recognizing the warning signs and acting upon what we think we're seeing — even if we're wrong," Gollin-Graves said.

Gollin-Graves says the truth is — teenagers aren't resilient.

"As adults we think, 'Oh gosh, don't they know it will be ok?' Nope. They don't know that," Graves said.

Katelyn Fennig, age 19

The statistics in Wisconsin bear that out. Michael Payne is the Medical Examiner for Racine County. Already this year in Racine, three kids have killed themselves.

"We have seen a steady increase of people under the age of 18 committing suicide," Payne said.

For every kid who dies, 11 others attempt.

"These kids they just started living and they haven't experienced life yet," Payne said. Payne also points out another trend: kids are killing themselves violently. Most die by hanging. Guns are the second most frequently used method in Wisconsin.

We spent months combing through medical examiner reports, trying to see trends and patterns in youth suicides in Wisconsin.

Here's what stands out:

In Wisconsin, Latina girls are twice as likely to attempt suicide. Even though more white children die by suicide, minority kids in Wisconsin are more likely to try.

"We as a community and a state might want to take a look at what that means," says Gollin-Graves.

In the last five years, 13%  of girls who killed themselves in Southeast Wisconsin had been recently sexually assaulted; 35% had problems with a girlfriend or boyfriend; 20% reported problems at school or with bullying; and at least 10% were gay, lesbian or transgender.

"If there's not support for our youth, whether they have sexual identity issues or not, they are going to break," says Gollin-Graves.

In fact, in a 2013 survey of Wisconsin high school students,  1 in 7 teens said they had seriously considered suicide.

"We know he had a very hard time fitting in at school," said Cameron's mom, Jamie Olender.

The Racine Unified School District (RUSD) has been hit the hardest, losing eight kids in five years. Cameron Langrell and Lexi Lopez were both transgender and they both attended Horlick High School. Lopez died by suicide in 2013.

Langrell's parents say Cameron frequently mentioned being pointed out in the front of the class, or singled out. They say he was sensitive, and really took it to heart when he felt like he didn't fit in.

RUSD says it has no record of Cameron or Lexi being bullied, but its schools are committed to working with parents and community organizations to wrap their arms around the kids who need it most.

"We need to work together to find ways to support students and make sure this doesn't happen again," said Stacy Tapp, a spokesperson for RUSD.

Tapp says the District is aware it serves students who sometimes need more help and more intense support. But she says mental health resources in Racine are scarce, and schools can't do it alone.

"The schools can do a lot and we work to do as much as we can, but it has to be a partnership," Tapp says. "It’s got to be the family and the community supports, too."

latina girlsTapp encourages families to reach out to schools when they suspect bullying or suicidal thoughts. She says kids can't get the support they need if the school doesn't know about underlying issues at home or elsewhere.

Even if Cameron and Lexi were bullied, though, there's not just one cause of suicide. Of the 71 kids who killed themselves in the last five years, more than a third suffered from depression or another mental illness.

Gollin-Graves says even teenagers who aren't depressed often make decisions on a whim.

Olender says her son Cameron was very impulsive, and suffered from depression.

"We had talked to the doctor about that a lot because if he thought he was going to jump off the roof he was going to jump off the roof," she said. "But there is no medication for that, it's just something that you have to learn to deal with."

Now she is left to deal with the reality of life without her child.

She encourages parents to have open communication with their kids.

"The life they live in high school right now, and even middle school and elementary," Olender says, "is so much harder than when we went to school."


WARNING SIGNS OF SUICIDE: The more signs someone shows, the greater the risk.

  • Talking about wanting to die
  • Looking for a way to kill oneself
  • Talking about feeling hopeless or having no purpose
  • Talking about feeling trapped or in unbearable pain
  • Talking about being a burden to others
  • Increasing the use of alcohol or drugs
  • Acting anxious, agitated or recklessly
  • Sleeping too little or too much
  • Withdrawing or feeling isolated
  • Showing rage or talking about seeking revenge
  • Displaying extreme mood swings

WHAT TO DO:

  • Wisconsin resident? TEXT 741741 (Read more about the HOPELINE here)
  • Call 800-273-8255 (It's FREE)
  • Do not leave the person alone
  • Remove guns, drugs, sharp objects, and alcohol from the home
  • Take the person to the Emergency Room for immediate help
  • Seek help from a mental health professional
  • Reach out to Mental Health America of Wisconsin

 

The never-ending lawsuit? School district legal tab tops $186,000 over pond of water

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FREDONIA --  It's the lawsuit that won't seem to go away.  And the bill for taxpayers keeps on climbing.

For the third consecutive summer, FOX6 Investigator Bryan Polcyn shows you how a battle between neighbors is still sending money meant for school children down the drain.

After spending more than $150,000 of taxpayer money chasing after an $8,300 dollar repair bill, the Northern Ozaukee School District finally dropped its own case last year. So why were they back in court again this month?  How much more have taxpayers shelled out?  And, perhaps most importantly, is this finally the end of the four and a half year legal battle?

Once upon a time a farmer got in a fight with his next door neighbor.

Thistle

Kendall Thistle tried three times to get a judge to reimburse him for legal costs incurred defending the school district's lawsuit, including $28,000 spent on an expert witness.

"They started the lawsuit," Kendall Thistle,  the defendant, said.

The farmer is Kendall Thistle.

His neighbor is the Northern Ozaukee School District in Fredonia.

And the fight is over  a pond of water.

"We had a potential hazard for students," Paul Krause,  Northern Ozaukee School Board President, said.

In 2006, Storm water flowed across the school's property, flooding Thistle's farm.

So Thistle built a berm, causing a pond to form back on school grounds.

"So the board had to wrestle with some very difficult decisions whether or not to pursue a lawsuit," Krause said.

Draining the pond cost the district $8300.

But the school's lawyers warned a lawsuit would likely cost a whole lot more.

"That seems like throwing good money after bad," Krause said.

The board plowed ahead anyway.

Judge Malloy

Ozaukee County Circuit Judge Paul Malloy said he would reimburse the Thistles if he could, but ruled that he is prevented, legally, from doing so. This is the third time since last year that Malloy has ruled against Thistle's attempts to recover legal costs.

"A lot of money was put into this lawsuit," Paul Malloy, Ozaukee County Judge, said.

The school district filed suit in February of 2011.

The same month that:

  • The Packers won Super Bowl XLV.
  • Governor Walker introduced Act 10, sparking massive protests.
  • Kate Middleton was still engaged to Prince William.
  • And Osama Bin Laden was still alive.

"I think World War II  was won in a shorter time than this has taken," Thistle said.

Four and a half years later, they are still duking  it out in court.

"Seem to be kind of a sticking point," Judge Malloy said.

Last year, the school district finally decided to drop its own case.

"You have to continually look at that cost benefit anaylsis," said Blake Peuse, NOSD Superintendent.

By that time, the toll for taxpayers had already topped $167,000.

"That's way too much money," said Jaime Nickerson, a Fredonia taxpayer.

In 2006, stormwater flooded Thistle's farm, prompting him to build an earthen berm to protect his land.

In 2006, stormwater flooded Thistle's farm, prompting him to build an earthen berm to protect his land.

"You know, it just doesn't make sense," said Carol Murphy, another taxpayer.

"Maybe one of the tougher choices is to know when to walk away," Krause said.

The district was done. But Kendall Thistle was not.

"You should pay our costs for dragging us through this," Thistle said.

Thistle and his wife spent $80,000 of their own money defending the lawsuit and they want their money back.

"I understand and I have sympathy for the Thistles that you get yourself involuntarily dragged into this lawsuit," Malloy said.

Last summer, Thistle filed a motion to recover his costs including $28,000 spent on an expert witness. But in August, the judge denied his request.

"I didn't just decline, though," Malloy said, "I said I would like to, but I'm constrained by what the law is."

Thistle asked the judge to reconsider. The  district objected. The court denied the request again. Thistle filed another motion to reconsider. The district objected. Then there were postponements. A car accidents. Calendar conflicts. And other delays. All the while, the tab for taxpayers kept rising.

The berm caused water to pool on school property, creating a pond that district officials called a "hazard" for students. The ensuing $8,300 drainage project prompted the lawsuit in 2011.

The berm caused water to pool on school property, creating a pond that district officials called a "hazard" for students. The ensuing $8,300 drainage project prompted the lawsuit in 2011.

The total bill now tops $186,000 -- with three more months of  invoices yet to come.

"At some point, this litigation needs to be finalized," Malloy said.

Earlier this month, the judge denied the Thistles costs for a third time.

"Is this finally the end?" asked Bryan Polcyn, FOX 6 News.

"I believe it is! He sounded pretty emphatic on that," Thistle said.

Thistle says he's disappointed. But even after 53 months of litigation, he insists there are no hard feelings.

"You and I could be neighbors and get along just fine, but maybe I don't like your hedges or something," Thistle said.

Of course, he's not just the school district's neighbor. He's also a member of the school board.

"I serve the taxpayers and the children of the district," Thistle said.

And if there's a lesson for the children, perhaps it is this; sometimes a fight ends without any winners. Only goats.

In a statement to the FOX6 Investigators, the Northern Ozaukee School Board points the finger at Thistle for filing repeated motions to "drag out the case."

Thistle replies that "they started the lawsuit." He says he was just trying to recover his costs for defending his rights.

Either way, it appears the marathon lawsuit is finally over.

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