Quantcast
Channel: Stephen Davis – FOX6Now.com
Viewing all 123 articles
Browse latest View live

Bluff failures accelerate near Concordia University years after jury finds rock wall a ‘nuisance’

$
0
0

MEQUON -- Lake Michigan bluffs are disappearing at an alarming rate and so are the beaches below them. Now, at least one coastal engineer says the problem could be headed toward Milwaukee, unless something is done to stem the tide. FOX6 Investigator Bryan Polcyn reports a multi-million dollar project meant to preserve the bluffs could be part of the problem.

Ten years ago, Concordia University embarked on project meant to protect its lakefront campus in Mequon from rapidly eroding bluffs. But neighbors just south of the school say that project caused their bluffs to fail. Now, neighbors further down the coast have launched a new website to raise awareness of what they call continuing damage. And a University of Wisconsin professor says a disastrous chain reaction could be underway.

The path from Bob Hemke's house down to Lake Michigan is treacherous.

"I hope you brought your hiking boots," Hemke said.

But until recently, he says, it was worth every step.

"We used to keep lawn chairs and kayak down here, "Bob Hemke said.

Now, instead of leading him to the beach, the path ends at a cliff.

"Since October, we've probably lost 16 feet or more, which is more erosion than we've had in 29 years living here," Hemke said.

In 1988, Hemke snapped this picture of his 2-year-old son playing on a wide, sandy beach.

It stayed that way until 2012, when suddenly, the sand started to disappear.

Bryan Polcyn / FOX 6: "And now?"
Bob Hemke / Mequon: "Zero."
Polcyn: "You have no beach left?"
Hemke: "None."

He blames Concordia University for the change.

"They built a half mile long stone structure on top of their beach," Hemke said.

Vance Strother navigates his way toward the edge of a cliff behind his house, which used to be a direct stairway to the beach.

Vance Strother navigates his way toward the edge of a cliff behind his house, which used to be a direct stairway to the beach.

Last month, Hemke and others along Lake Shore Drive in Mequon launched a public relations campaign aimed at Concordia, complete with yard signs and a website -- notbluffing.org -- to raise awareness about a problem that started ten years ago.

"Mother nature is a very powerful force," Concordia University President, Patrick Ferry, said.

In 2005, Concordia's lakefront campus in Mequon was literally falling into the lake. So the universtiy embarked on a $12-million project to stabilize the bluffs, including construction of half-mile long stone retaining wall where the beach used to be.

"It really transformed our campus in a remarkable way," Ferry said.

Two years ago, Concordia University President Patrick Ferry gave the FOX6 Investigators a tour of the revamped lakefront, including the now signature switchback path that's popular with local walkers and runners.

"It's been great for Concordia. And it's also been great for our community," Ferry said.

But neighbors to the south say it's been devastating for them.

"The structure they put in was ill-conceived, poorly designed, bad coastal engineering," said Vance Strother, who bought a house south of Concordia 3 years ago.

Strother says the massive stone revetment in front of Concordia is blocking the natural flow of sediment in Lake Michigan, starving beaches of sand and exposing the bluffs to the direct hits by the waves.

"Last fall is when the toe of the bluffs just started to disappear. And it happened really quickly," Strother said.

Capture3

Bill Brose is lead engineer for Smith Group JJR, the firm that designed and constructed the rock wall protecting CUW's lakefront bluffs.

In 2011, a pair of home owners close to Concordia sued the school. And last year, a jury found the revetment to be a  nuisance causing significant harm to neighboring properties. But in an odd twist, the jury found Concordia had not been negligent, so it awarded no money.

Since then, Strother says, the bluff damage has only gotten worse. He lives 15 houses south of campus.

"It's sequential, starting at Concordia and working its way down," Strother said.

Hemke is another 8 houses south of him.

"The erosion of the bluff is marching further and further south every year," Hemke said.

A University of Wisconsin coastal engineer, Professor Chin Wu, published a study of the changes occurring near Concordia's new rock wall.

"I hypothesized it's gonna keep going," Wu said. "You have the hard structure revetment, all of the sudden, nothing!"

Wu believes there are possibly several reasons for the accelerated bluff failures, but he believes the Concordia revetment is definitely one of them.

"There is a dramatic change," Wu said.

Bill Brose is lead engineer for the Smith Group JJR, the firm that designed the revetment.

"The lake itself is changing," Brose said. "'Oh my God, I've lost beach, what can I do? Who can I blame?' Right? When, in fact, you can blame mother nature."

According to Brose,  Lake Michigan's water level is rising, reaching a 17-year high this summer. And for every foot the lake rises, he says, anywhere from 8-20 feet of beach will naturally disappear.

But Brose admits the revetment is having an impact too. Since Concordia's land is no longer eroding into the lake, beaches to the south are not getting as much sediment as they used to.  And that leaves the bluffs vulnerable.

His solution?  Build your own wall.

Bryan Polcyn / FOX 6: "Does everyone have to build a revetment all the way down the shoreline?"

Bill Brose / Smith Group JJR: "Eventually, people will probably have to build revetments."

Professor Wu: "You will not see any beaches anymore."

Since 2011, some of the school's neighbors have built their own revetments.  And with each new wall, Wu says, another beach disappears to the south.

Complaints of bluff failure continue to progress southward from Concordia's Mequon campus, toward Milwaukee.

Complaints of bluff failure continue to progress southward from Concordia's Mequon campus, toward Milwaukee.

"And that is really bad," Professor Wu said.

"The thing is, it's not our beach," Hemke points out. "It's not my beach. It's the public trust."

Last month, a few of the Concordia's neighbors met with university spokeswoman Gretchen Jameson.

"They asked for a chance to visit before they went public with their campaigns," Jameson said.

She says neighbors demanded $2,000,000 worth of beach restoration and other assistance or else they would launch the website.

"We are very serious. We're not bluffing, "Strother said.

Concordia's attorney accused them of trying to extort the university for money and political favors.

"When you're taken to have coffee and you're presented with an opportunity to meet certain demands in exchange for a negative public relations campaign, I'm not sure what you would call that, Bryan, but you know, that wasn't a request by any stretch," Jameson said.

The university responded by threatening legal action for any false attacks.

"The message was very clear, 'Don't mess with us,'" Hemke said.

Professor Wu is trying to stay above the fray.

"Things become so complicated,' he said,' Let's not think about whose fault. Think about what will be the solution out there."

The professor believes there is a solution that can protect private property while preserving the nearshore environment. But, he says, it requires cooperation, not litigation.

"Whoever wins or whoever lose, from the overall state perspective. And every citizens of Wisconsin, we are all losing," Wu said. "This shoreline belong to all of us."

Professor Wu says the solution should involve minimizing erosion, but not eliminating it altogether, since erosion performs an important natural function.

Meanwhile, relations between Concordia and some of its neighbors remain tense. One neighbor tells FOX 6 that a second lawsuit over the bluff project is not out of the question.


Justice for veterans after FOX6 investigation: $41K judgment issued against man behind bogus fundraiser

$
0
0

WAUKESHA --  Another FOX6 investigation gets results! Three years after we exposed a bogus fundraiser for injured veterans, the state is wrapping up its case against the man behind the operation. But that may not be the end of this story.

When it comes to double crossing military veterans, it's hard to top Brian Michaud.

"This is one of the most alarming cases we've seen," Lisa Schiller with the Wisconsin Better Business Bureau said.

In 2011, Michaud sold ads for a coupon book full of buy one, get one free offers from local businesses.

Michaud 5

Coupon books Michaud produced to raise funds for military vets in 2012.

Proceeds were supposed to help injured Wisconsin veterans.

"That's why we have what we have -- our veterans," a local business owner,

"We all love our veterans," Schiller said.

But Schiller says local veterans got the shaft.

"The money went right into Brian Michaud's pocket and not a dime went to veterans," Schiller said.

Schiller called the FOX6 investigators.

As it turned out, Michaud didn't just stiff injured Wisconsin vets, he lied to investigators and misled business owners.

He even took three vacations that were donated as prizes and gave them away to his friends.

Michaud 1

Michaud, in 2012, offers excuses as to why veterans organizations didn't receive money from his coupon book.

FOX6's Bryan Polcyn: "Why don't you tell me who Nikki ****** is."

Michaud: "My girlfriend."

Polcyn:  "How is she related to John ******?"

Michaud: "He is her cousin. And no more comments are going to happen until I talk to my attorney."

Polcyn: "How did John and his friends all end up winning vacations that were supposed to raise money for injured veterans?"

After the BBB and FOX6 news exposed Michaud's bogus fundraiser,  the Wisconsin Department of Justice filed a lawsuit against Michaud and his mother, Andrea, who was officially named as the company president.

Three years later, that case is still dragging its way through court in Waukesha County.

"And it appears there are more than a few loose ends, so to speak," Judge  Kathryn Foster  said.

In August, Andrea Michaud got special permission to appear in court by telephone from her home in Northern Wisconsin.

Judge: "Is your son Brian there with you?"

Andrea Michaud:  "No he is not."

Judge:  "Do you know where he is?"

Andrea Michaud: "He's in the house with my husband right now because he says he wasn't allowed to appear in court."

Brian Michaud waited until the day of the hearing to request a telephone appearance. And when the judge denied his last minute request, he faxed her a letter calling her honor "inhumane...inconsiderate...and incredibly destructive."

Judge Foster

Judge Foster listens to Michaud's mother explain to the court why he is not able to speak on his own behalf.

"As far as your son's case is concerned, he is still in default," Judge Foster said.

In September, the court granted a default judgment against Brian Michaud for committing more than 10,000 violations of state consumer protection laws -- one for each of the 10,000 books he sold.

The punishment?  Fines and forfeitures of more than $40,000.

"Brian Michaud basically broke all of our standards of trust," Schiller said.

Michaud 9

Michaud wrote a letter to Judge Foster in Waukesha County Court calling her "inconsiderate and inhumane."

But that may not be the end of the story.

Just last year, the FOX6 investigators found ads online for a mobile marketing business in Wausau seeking a minimum investment of $50,000.

The phone number listed on the ad is the same one Michaud used in his letter to the judge in August.

And when FOX6 News called that number earlier this month, Michaud answered.

"It's disappointing and makes me sad actually because it tells me that perhaps he didn't learn his lesson," Schiller said.

It's unclear if those ads violate a 2012 state order against Michaud to cease and desist selling securities in Wisconsin. But if it does, a spokesman for the Wisconsin Department of Financial Institutions says it could be a felony.

Three years ago, Brian Michaud was still in denial.

11 2015_0911_Michaud_BadDecisions

Michaud posts a possible explanation for the recent decisions that have brought him to Judge Foster's court.

But a few weeks ago, he posted a picture on Facebook that reads...

"Everything happens for a reason. Sometimes the reason is you're stupid and make bad decisions."

Above the photo, he wrote...  "This is the motto of my life."

Perhaps the lesson is finally sinking in.

Brian Michaud no longer lives in the Milwaukee area. He is currently in Appleton.

FOX6 News was able to reach him by telephone twice for comment on these latest developments.

Michaud 7

Brian Michaud has a long history of convictions to include burglary, forgery and resisting arrest.

Both times he promised to call back, but he never did.

The Wisconsin Department of Financial Institutions will neither confirm nor deny whether it has an open investigation into the online ads FOX6 News found connected to Brian Michaud from 2014.

However, when FOX6 requested open records related to the case, the department denied the request, citing a state statute that covers pending investigations.

Woman exposes sex abuse cover-up at prestigious school; principal has ‘no memory’ of abuse report

$
0
0

MEQUON -- She's kept it secret for more than 40 years. Now, a Mequon woman is telling her story of sexual abuse at the hands of a seventh-grade teacher. So what finally prompted her to come forward after all these years?

Her name is Joanna Jastram. She is one of 13 women who helped expose one of the most egregious child sex abuse cover-ups you will ever hear about.

It all happened more than 6,000 miles away at a prestigious private school in Japan. But it's what happened decades later, right here in Wisconsin, that prompted her to join the fight for justice.

yearbook

Jack Moyer was employed by the American School in Japan from 1962 to 2000. He admitted to sexually abusing at least 17 girls -- mostly middle school students -- in the 1960s, 70s and 80s.

There are some teachers you'll always remember -- and some you'd rather forget.

"He took a lot of pictures," Jastram said. "You try really hard to bury it."

If only Jastram could forget the seventh-grade teacher who stole her innocence more than 40 years ago.

"I didn't want anything about this ever to be known," Jastram said.

Jastram was a student at The American School in Japan, an elite, English-speaking school that caters to the children of foreign business executives, diplomats and missionaries.

teacher 2

Joanna Jastram with Moyer on Miyake Island in 1974. This photo was taken just hours before Moyer assaulted Joanna for the first time.

One of the school's most prominent faculty members was a marine biologist named Jack Moyer.

"He was a world-renowned science teacher," James Juergensen, former ASIJ principal said.

Juergensen was principal at ASIJ in the 1970s, during Moyer's tenure.

"He was considered pretty special," the former principal said.

In addition to teaching at the school, Moyer ran a research program on Japan's Miyake Island, where he would take students on week-long retreats.

"He would take our seventh-graders there -- 12, 15 at a time," Juergensen said.

"It was like summer camp," Jastram remembers.

By 1968, Moyer had already developed a reputation for groping female students on those trips. But according to a report released earlier this year by lawyers representing his victims, faculty members who complained were told: "Oh, that's just Jack."

"There might have been back rubs and foot rubs, but we saw those as normal around him," Jastram said.

After Jastram's first Miyake visit in 1973, Moyer offered to give her private piano lessons, and then started taking her on "musical field trips" to jazz bars and risque night clubs -- "grooming" her for what came next.

 

In the spring of 1974, Jastram made a special trip to Miyake to earn her scuba diving certification...and stayed overnight with Moyer in a three-room home.

Joanna Jastram of Mequon was an 8th grade student at ASIJ in the 1970s when Moyer began molesting her. The abuse continued for more than a year.

Joanna Jastram of Mequon was an eighth-grade student at ASIJ in the 1970s when Moyer began molesting her. The abuse continued for more than a year.

"I was woken in the night and his hands were all over me. Under my night clothes... it's still hard," Jastram said.

Jastram said nothing, but kept coming to Miyake -- where the abuse continued for the next two years...until she finally worked up the courage to tell him to never touch her again.

"I went into a very isolated, lonely, dark time there. Started thinking of ways to not live anymore," Jastram said.

She thought she was the only one.

She told no one about the abuse until she met Nathan -- an ASIJ classmate who would later become her husband.

"I thought we should talk with the principal as soon as we could. She was dead set against it. She was still quite loyal to Moyer and didn't want to hurt him at all," Nathan Jastram said.

teacher 3

Moyer had a reputation for groping and engaging inappropriately with students. Faculty and student complaints were "rebuffed or ignored," according a June 2015 apology letter from the ASIJ Board of Directors.

In 1979, Joanna agreed to let Nathan write the school a letter.

"I wrote to the only administrator that I knew at the high school, and that was the principal," Nathan Jastram said.

Juergensen says he remembers that letter -- but he has no memory of what happened next.

"I faintly remember writing back and saying I needed more details," Juergensen said.

"I had to ask my wife to write more of the details to the principal so that he would have enough to make sure it didn't happen to anybody else," Nathan Jastram said.

"I was pretty broad in what I said about having been handled extensively and kissed and made to touch him," Joanna Jastram said.

"I absolutely don't remember getting that second letter," Juergensen said.

The Jastrams say Juergensen not only got the second letter...he replied to it.

"I think it included something about confronting Moyer himself and also talking with the headmaster to make sure that nothing like that happened again. Because of that reassurance, we backed away. We felt the job was done," Jastram said.

Instead, the Miyake program continued to serve as ground zero for Moyer's pedophilia.

And throughout the 1980s and 90s, other ASIJ administrators rebuffed or ignored dozens of additional reports of misconduct and abuse.

"To know that the abuse had gone on and on and on, was just terrible," Jastram said.

In 2003, one of Moyer's victims confronted him by email, threatening to contact police unless he came clean.

13 days later, Moyer apologized for the abuse and confessed to assaulting 17 children -- detailing his abuse of each victim, one by one, in graphic detail.

Then, he committed suicide.

"It was an admission of guilt, but also that he was taking the back door out," Joanna Jastram said.

Jack Moyer was dead...but this story was far from over.

"The administrators and ASIJ were to blame. Jack did what he did, but they were negligent," Nathan Jastram said.

In the years after Moyer's death, victim, after victim, after victim came forward.

But last year, the school issued a statement suggesting it had just recently learned of the sex abuse allegations -- a claim that outraged both current and former students and faculty.

"I knew that they knew. And yet they were saying they had just found out," Joanna Jastram said.

Soon after, Juergensen posted his own statement on Facebook, claiming no one had ever told him Moyer had committed "actual, physical sexual abuse."

principal

James Juergensen is the only living ASIJ administrator from the time Joanna was abused. He was principal in the 1970s, but says he has "no memory" of Joanna's letter detailing the abuse she suffered at Moyer's hands.

The statement angered Joanna Jastram, who says she had to relive the abuse when she wrote Juergensen in 1979.

"It was one of the most difficult things I ever had done. And to have it blown off was very difficult," Jastram said.

The Facebook post was especially hard to ignore thanks to one, utterly remarkable coincidence.

You see, ASIJ is more than 6,000 miles from Joanna Jastram's current home in Mequon.

But Juergensen now lives just 13 miles away from her -- in Port Washington.

"I know there's a deep hurt there. Obviously, they feel if I would've done something with it, I could've stopped it for others," Juergensen said.

If anyone intentionally covered up Moyer's crimes, Juergensen says, it was the headmasters.

But they are long gone.

At age 75, Juergensen is the only living administrator from the time Joanna Jastram was abused.

two shot

ASIJ is more than 6,000 miles from Wisconsin, but Juergensen now lives in Port Washington, just 13 miles from the Jastrams.

 Bryan Polcyn / FOX6 News: "Is it fair to view that and say there was a cover-up?"

"I think it's very fair for them to think and to believe it was. And that's why I say, I think it's unbelievable that, I'll just speak for myself, that I didn't get it," Juergensen said.

Juergensen says he and his wife never would've sent their own daughter to Miyake had he known what Jack Moyer was doing there.

In June of 2014, Joanna Jastram joined 12 other victims in hiring a law firm to finally hold the school accountable. They call themselves the 13 sisters.

"We have a lot of bonds that hold us together," Joanna Jastram said.

But she knows they also share a bond with countless other victims of child sexual abuse. And that is the real reason she's sharing her story.

"I'd like to think that each one of us that comes out, that steps from the shadows and says 'this is my truth,' gives strength to the next person, and the next person," Joanna Jastram said.

Jack Moyer may be dead, but there are more just like him -- and more victims who may be inclined to bury the truth.

"I want an avalanche of people coming forward, saying 'me too,' because there is help," Joanna Jastram said.

Earlier this year, a mediator who specializes in child sexual abuse worked out a settlement between ASIJ and Jack Moyer's victims.

The agreement includes compensations to victims, lifetime reimbursement of counseling costs. creation of a task force on child sex abuse prevention, and perhaps most importantly, a public apology for attempting to sweep decades of abuse under the rug.

FOX6 hidden cameras expose questionable tactics of high-dollar matchmaking service

$
0
0

ELM GROVE --  Here we go again? It took years for the FOX6 Investigators to shut down a  local dating service that was lying to consumers and pressuring them into signing expensive contracts. That investigation led to a state lawsuit and a quarter of a million dollars in restitution for victims.

Now, there's a new dating service in town with a sales pitch that sounds eerily familiar.

It starts with a telemarketing phone call, and then an invitation to an Elm Grove office building where you're subjected to an invasive, two-hour 'consultation.' And it ends with a one-time offer. Sign a contract on-the-spot or the price goes up big time.

It's hard to put a price tag on finding the love of your life. Even harder when you discover you got a lot less than what you paid for.

"I paid more than anybody I came across," said Kathy Jorsch, an unhappy customer.

"It's a huge amount of money," said another, Virginia Pickerell.

"I just paid all this money for this service," Nicole, another angry customer, said.

Diane Ryan / Wisconsin Singles:  "I'm not gonna talk to you right now."

Ryan was too busy to talk to the FOX6 Investigators.

Diane Ryan / Wisconsin Singles: "I have to go."
Bryan Polcyn / FOX 6 Investigators: "Why do you have to go?"
Diane Ryan: "I have appointments."
Bryan Polcyn:  "You have an appointment right now?"
Diane Ryan: "Yes."

vlcsnap-2015-11-03-15h57m20s998

FOX6 Investigators hidden cameras expose the questionable tactics used by Wisconsin Singles to sell expensive contracts.

But if you're single and have your own credit card, she'd like to spend a couple of hours with you.

"She kept saying, 'Now you're really going to be surprised at the price,'" Jorsch recalled.

She found the place through an online ad for 'Milwaukee Singles.'

There's also a site for Brookfield Singles, Mequon Singles, Franklin Singles, Hartland, Pewaukee and Germantown Singles. But they all lead to the same place.

"We are called Wisconsin Singles," Diane Ryan said.

Wisconsin Singles bills itself as a matchmaking service for professionals, primarily in their 40s, 50s and 60s. There are two locations in Milwaukee and Madison, but they're part of a nationwide network known as 'Today's Matchmaker.' And unlike most dating services, you never get to see anyone else's profile.

"That's like a blind date," said a volunteer named Kim, whom FOX6 News sent in with a hidden camera.

"Yeah," Ryan said.

Instead, they take your information and then set you up with a match. In other words, they say, they do all the work.

"Seemed like a great idea," Jorsch said.

Jorsch accepted an invitation to an Elm Grove office building on Pilgrim Road - just north of Brookfield Square - for a free consultation. It's really a sales pitch that FOX6 caught on hidden camera.

"I fell in love with the service. I saw the price. I threw up in the bathroom," Ryan said to Rita, our first undercover volunteer.

Not just once, but twice.

Kathy

Kathy Jorsch paid $6,000 for a 16 month contract on the promise she would meet 16 people who were expertly determined to be compatible. Instead, she says, her matches were outside even the most basic parameters, like age, height and location.

"I fell in love with the service. I saw the cost of the service. I threw up," Ryan repeated to Kim, our second undercover volunteer.

Diane says she was once a customer, too, and - the story goes - she ponied up the big bucks and ended up meeting her husband.

"He was my fourth match," Ryan said to Rita.

"He was my fifth match," Ryan said to Kim.

She says it happened seven years ago, which is odd, since the company has only been registered to do business in Wisconsin for two years. But that's just the tip of the iceberg.

"You're going to be assigned your own personal matchmaker," Ryan said to Kim.

Diane is the only person who works in the Milwaukee office, but once the company has your money, you can never talk to her again. You can only talk to your personal matchmaker. And new clients are told not to check in more than once every couple of weeks. Kathy Jorsch says she rarely heard from her 'personal matchmaker' -- a woman she's never even met.

"She's in California," Ryan told Kim during our hidden camera interview. "Everybody's there."

When Kathy Jorsch did hear from her matchmaker, she said the matches were often way off the mark -- too old, too young, or too far away.

"I could have picked somebody off the street better than that," Jorsch said.

Virginia Pickerell wanted a guy who was tall, active and lived near Madison, but says she was matched with guys who were short, overweight or lived halfway across the state.

"I think I could've gone to a bar just as well," Pickerell said.

Wisconsin Singles invites potential customers to a 2-hour 'consultation' inside this office building in Elm Grove.

Wisconsin Singles invites potential customers to a 2-hour 'consultation' inside this office building in Elm Grove.

A woman who asked that she not be identified - we'll call her Nicole - says she didn't want to date a guy with young kids.

"That's not really the lifestyle I was looking to go forward in," she said.

The first man they matched her with had three kids under the age of five. He was younger than she wanted and lived two hours away. The next match, she says, was too old.

"And I began to think, 'Maybe they just don't have any men that fit my parameters,'" Nicole said.

If you're wondering how many members Wisconsin Singles actually has, so are we.

"How many men do you have?" Kim said.

"I have no idea. A lot," Ryan said.

"She said, 'There are more people in your category than you can date in a lifetime,'"
Jorsch said.

Kathy Jorsch signed up in January. Her last date was in May. And after weeks of hearing nothing, she finally got  a call from her matchmaker in August.

"I guess I had sort of given up. I thought I wasn't gonna hear from you guys anymore," Jorsch told her matchmaker on the phone.

The matchmaker admitted she doesn't have a lot of guys that fit Kathy's criteria.

Bryan Polcyn / FOX 6 Investigators: "You've told people you have LOTS of men age 45 to 60."
Ryan:  "I'm not gonna talk to you right now. Bye, thank you."
Polcyn: "So do you have a lot of men in that age range?"
Ryan: "I can't comment."

"You could tell there was nobody. Nobody at all,"Jorsch said.

Wisconsin Singles Spokesman Gerry Gross says they never reveal how many members they have.

"Diane would never say I have lots of men for Kathy or anyone else for that matter," Gross said.

Except that she did.

"Do you have a lot of men in that range?" asked Kim.

"Yep, a lot," Diane replied.

Gross says they have to get to know you first: Your job, your past relationships, and your finances. Diane Ryan asked FOX6's undercover volunteers for their income, rent and car payments, bank account information and credit card balances. Gross says that's just to make sure they qualify for the service.

After asking our undercover singles hours worth of invasive, personal questions, Diane Ryan refused to sit down an answer our questions.

After asking our undercover singles hours worth of invasive, personal questions, Diane Ryan refused to sit down an answer our questions.

"They tell us whether a person is financially responsible," Gross said.

You have to tell them all of that personal information before they'll tell you how much the membership costs.

The packages range from $5,000 to $7,000. And that's only if you sign a contract on-the-spot.

"She said, 'Well these are not going to be the prices tomorrow,'" Jorsch recalled.

The company says this is not a high-pressure sales pitch. It's just an incentive to keep single people from procrastinating.

"One of the biggest reasons single people are single is because they continue to put this part of
their life off," Gross said.

And it works more often than you might think, in part, because on one key selling point. They promise to do a nationwide criminal background check.

"Everybody has to go through a pretty extensive criminal background check," Ryan said.

But that's not what the contract says they do. It says they perform a limited background screening using public databases available on the internet.

''Like looking at CCAP, you mean?'" Diane Ryan said.

Something anyone can do from their home computer for free.

Polcyn / FOX 6 : "It says on the back of the contract that all you do is check online databases. Did you know that?"
Ryan / Wisconsin Singles: "Hmm mmm. I didn't know."
Polcyn / FOX 6: "You don't know what`s in your own contract?"
Ryan: "Bryan, thank you."
Polcyn / FOX 6:  "You sell the contracts!"
Ryan: '"Bryan, thank you."

"I think they're liars," Pickerell said.

"I don't think that's what they represented to me," Nicole said.

"This is more of a scam than I thought," Kathy Jorsch said.

All tolled, Kathy, Virginia and Nicole spent more than $12,000 to meet the men of their dreams, but they say their dreams were shattered. Now they want to keep you from making the same mistake.

There appear to be several similarities between Wisconsin Singles and Great Expectations, a dating service that fled the state after our investigation in 2007. But in a letter to state regulators, Wisconsin Singles says it has no affiliation with Great Expectations and never has.

Company spokesman Gerry Gross tells me they are in business to help people and he does not believe his sales reps are misleading anyone.

For those who've spent thousands and are unhappy with the service, there appears to be no way to get a refund without getting state officials involved.

In Wisconsin, you have a three-day right to cancel a dating service contract. However, new clients of Wisconsin Singles are told not to expect their personal matchmaker to call for at least three days after they sign up. In other words, before they even start using the service, it's too late to get a refund.

On the other hand, Kathy Jorsch filed a formal complaint with Wisconsin Department of Agriculture, Trade and Consumer Protection in September. Within a matter of days, the company offered her a partial refund of $3,750.

Back in court for his 48th adult criminal case, the ‘Moving Menace’ tries the insanity defense

$
0
0

MILWAUKEE -- There are criminals. And then there are career criminals. Daniel Berczyk is a relentless thief, but apparently not a very good one. After all, he's been caught so many times, you could wallpaper a house with his mugshots. He's been the subject of numerous FOX6 investigations over the years and he's back in the spotlight again.

You don't have to tell Daniel Berczyk he's a "menace to society." He called himself one 14 years ago at a sentencing hearing for seven different crimes.

It's a pattern that seems to repeat itself year, after year, after year.

berczyk, daniel 3

One among dozens of booking photos of Berczyk through the years.

Berczyk has been charged with an astounding 81 crimes since 1996. That's 81 distinct criminal charges in 48 separate cases, with 37 convictions -- and more pending.

"I'm a criminal. That's what I'm supposed to do," Berczyk said to FOX6 Investigator Bryan Polcyn in the hallway of the Milwaukee County Courthouse, while awaiting a hearing on his plea of "Not guilty by reason of mental disease" to multiple felony charges.

"Some people apparently don't want to work for what they want," said Randy Schwartz, owner of an industrial fastener business in Franklin.

Schwartz says he's worked for everything he's ever gotten, including a $20,000 RV that he liked so much, he gave it a name.

002

The $20,000 trailer Berzcyk is accused from stealing after it was posted for sale on Craigslist. The name on the back of the trailer - Eleanor - helped police track it down and tie the theft to Berczyk.

"All the boats have names," Schwartz said. "And I thought, well, if I spend that much money on something, it should have a name. So I named it 'Eleanor.'"

He got the name from a custom Mustang in Gone in 60 Seconds, a movie about an aspiring car thief.

Little did he know how prophetic the name would be.

"I don't think I could've gotten it out of here that fast. And I owned it for two years," Schwartz said.

Last year, Schwartz bought a new trailer and named it 'Belle.' So, he put 'Eleanor' up for sale on Craigslist, parked it outside his industrial fastener business in Franklin and locked it up.

Then one morning, he got a call from his girlfriend.

"She said, 'Eleanor's missing,'" Schwartz said.

According to police records, surveillance video shows a white cube van pulling into the lot, backing up to the trailer, cutting the locks and hauling it away.

Schwartz

Schwartz says he was surprised to learn his trailer was found four miles from where it was stolen, six months later.

"We all thought it was probably in Arizona by now. Never occurred to us it could be four miles away," Schwartz said.

Six months later, Franklin police responded to a report of a disabled cube style truck with a camper trailer attached. The officer noticed a familiar name stenciled on the back.

"He sees the name 'Eleanor' and says, 'there can't be two in the world.' And he immediately calls for backup and goes in and arrests the gentleman," Schwartz said.

Daniel Berczyk allegedly showed police a fake bill of sale, claiming the trailer was his. But police say it was really Schwartz's trailer with some interesting modifications.

"They cut the axles off, took the box off the truck, made that into a trailer, and put the trailer on the truck and then licensed it as an RV using the VIN number from the truck," Schwartz said.

In other words, Schwartz said, "They took a beautiful trailer and made it into a piece of junk."

FOX6 Investigator Bryan Polcyn tried asking Berczyk about Eleanor in the hallway of the courthouse.

Bryan Polcyn:  "What about Eleanor? The trailer?"
Daniel Berczyk: "What about it?"
Polcyn:  "Did you steal it?"
Berczyk: "I'm not doing a interview and get away from me."

Berczyk doesn't want to do an interview now, but a few years ago, he actually thanked FOX6 News for putting him in prison.

"I'm sober today because of you," Berczyk said during a 2012 interview at his tattoo parlor on Janesville Road.

FOX6 first encountered Berczyk nine years ago at his parents' house in Muskego, an initially courteous interview that quickly escalated into shouts and threats.

"GET OFF MY PROPERTY!" Berczyk shouted back then.

At the time, Berczyk was operating a moving business, and using it to fence other people's property. After FOX6 dubbed him the 'Moving Menace' in 2008, Berczyk set off on a crack cocaine-fueled crime spree, breaking into cars all over southeastern Wisconsin. He fled the state, got picked up in Arizona, was extradited back to Wisconsin and sent to prison. When he got out, he opened a tattoo parlor and named it 'Menace Ink.'

"I believe that FOX 6 saved my life," Berczyk said in an interview after his release.

But in 2012, FOX6 found he was still doing moving jobs, hiding customers' property unless they agreed to pay enormous bills.

Now, he appears to be in the midst of another crime spree.

He is charged with stealing more than $1,000 worth of scrap metal in New Berlin, more than $3,000 in copper wire and power tools from Menards, and the $20,000 trailer from Randy Schwartz. Even though he hasn't been charged with this, police say the trailer Berczyk is accused of stealing was spotted on surveillance video pulling a $100,000 yacht that had also been stolen from a Milwaukee marina. Plus, search warrant records in Waukesha County show Berczyk is also suspected of stealing more than $2,500 in water heaters from an industrial parking lot in Butler.

If that's not enough, in September, Berzcyk was seen arguing with a woman at a Franklin gas station then forcing her out of the car as he pulled out of the lot. Police reports say the woman fell to the ground and injured her elbow.

In all, Berczyk is facing five new felonies and three misdemeanors in two counties. This time, he tried to claim he's not guilty by reason of mental disease.

court 7

Berczyk tried to argue that he should be found not guilty by reason of mental disease; however, a doctor who reviewed his mental health records said he was not incapacitated. The judge ruled Berczyk is competent to stand trial.

"He pretty much has to have something wrong with him," Schwartz said.

After reviewing a doctor's report, Judge William Pocan ruled there's no evidence that Berczyk lacks the capacity to tell right from wrong. The question is whether he cares.

"People seem to think they have these things coming," Schwartz said. "And apparently that's the type of gentleman this is."

It makes you wonder if he'll ever change his ways, or if he's a "menace" for life.

Now that his attempt to be declared mentally incapacitated has failed, Berczyk is expected to plead guilty to multiple felonies on November 18th. He remains a free man until then.

Since 2001, he's been in the state prison system seven times. His longest stay was two years in 2001 and another two years in 2009.

In all, he's spent five of the last 14 years in prison -- but when he's out, he's usually causing trouble.

Aerial trespassing? Local battle over drone use highlights patchwork of laws and regulations

$
0
0

RICHFIELD —  So you want a drone for Christmas?  You’re not alone. The federal government expects up to one million Americans to buy one of the remote-controlled aerial vehicles this holiday season. And the FAA is worried about what that means for the safety of the nation’s airspace. But there’s another big concern — beyond safety — that’s still up in the air.

It was near a densely wooded path that circles the outer perimeter of Danah Zoulek’s land in the Village of Richfield where she caught neighbors trying to spy on her property.

“They said ‘we heard noise. We want to see what you’re doing,'” recalled Zoulek.

She says those neighbors wanted to know what was going on at the abandoned quarry she now owns, known around Richfield as the Scenic Pit.

drone 11

Danah Zoulek says neighbors used a drone to do surveillance of her property, an abandoned quarry which she and her husband are trying to restore for development. She had previously denied neighbors access to her property at ground level.

“They couldn’t get in to see it because every time they tried I would tell them to leave,” Zoulek said.

Zoulek and her husband recently bought the property with plans to restore the land and build homes on it. That meant they would be operating the site as a sort of landfill for the next few years.

“There is clean fill that needs to go somewhere,” she said. “And there’s places like our place that needs the clean fill.”

Concerned about truck traffic and potential groundwater contamination, neighbors formed a group called Richfield Residents Against The Dump. In July, one of the group’s members sent up a drone to get a look at what was going on inside.

drone

The FAA expects up to one million Americans to buy or receive a drone this holiday season.

“Because they can’t see the quarry, you know?” Zoulek said. “So they flew up and around and over.”

The video was posted on YouTube with links on the R.R.A.D. website. The drone pilot who took the video sent a link to the Richfield Village Administrator Jim Healy. The village was embroiled in a lawsuit with Zoulek over the quarry, so Healy passed the message along to the village attorney for possible help in the lawsuit.

As it turns out, a Washington County judge ruled against Zoulek in the lawsuit, though the drone video had nothing to do with it. It never actually captured anything of consequence. Still, to Zoulek, that’s not the point. She’s angry that the group she had every right to block at ground level went, quite literally, over her head.

“Tell me why a private citizen that I know nothing about can just fly a drone over my property without permission?” Zoulek asked.

The drone pilot is a Richfield resident named Steven Mahler, who did not respond to multiple requests for an interview. In an email to the Village of Richfield, he said he only flies his drone for recreational purposes.

“This wasn’t just recreational flying of drones,” Zoulek said.

vlcsnap-2015-11-13-15h21m52s684

Video of Danah Zoulek’s property taken by a drone in July. The video was posted on the website of a group that opposes Zoulek’s plans to restore the abandoned quarry and develop homes on the land. Zoulek complained to the Washington County Sheriff’s Office that her privacy had been violated. WCSO disagreed, since no person was present.

She complained to the Washington County Sheriff’s Office. Officials there told her there was nothing they could do, because no individual person had their privacy violated.

“I said, ‘so the next time I see a drone, I will be running naked through my pit,'” she said.

The FAA could not determine if Mahler had violated any specific regulations, but it did send him an educational letter outlining the important distinction between flying a drone for recreational purposes or for some other purpose.

While drone technology is still relatively new, the market for drones isn’t just taking off, it’s soaring. Unmanned aerial systems (UAS) are expected to have an $82 billion dollar impact on the economy in the next 10 years. But the rules on where and how you can fly them are still being developed.

“The FAA is going to have to get a handle on it,” said Russell Klingaman, a professor of aviation law at Marquette University and one of very few experts on drone law. So far, he says, the FAA has focused mostly on drone use by government agencies and private businesses.

“If you’ve got a small business and you’re using it to market, you’re using it for images that you’re going to put on a website, if you’re going to sell your images… the FAA is going to consider that a commercial use,” Klingaman said.

Peter Menet is doing just that. He’s a National Guard helicopter pilot who just launched a private drone business called Menet Aero, which does high-resolution aerial mapping. Before he could even lift off, he had to secure a special waiver from the government with dozens of rules attached.

drone 4

Peter Menet heads the Milwaukee Drone Users Group and is also founder of a private drone business called Menet Aero, which uses drones to produce high-resolution aerial maps.

“It took me 126 days,” Menet said, “And I mean I’m still going through all the different processes.”

Without that exemption, commercial use of a drone is against the law and subject to massive fines by the FAA.

But it’s far a different story for hobbyists.

“There is no regulation in place,” Klingaman said. “There are guidelines. And it’s almost an honor system.”

The FAA predicts one million Americans will get a drone for Christmas this year. And Klingaman says that’s a serious safety concern.

“The hobbyists, if they don’t understand the airspace, if they don’t understand the equipment they’re using… there’s a lot of risk,” he said.

In August, a drone crashed into the stands at the U.S. Open. Two days later, one crashed into the scoreboard at a college football game. Last winter, a drone crash landed on the White House lawn. And Wednesday, a drone collided with Seattle’s Pier 57 ferris wheel, then literally fell through a cafe table below. Fortunately, the table was unoccupied. All of that increases the fear that a reckless operator will collide with an airplane or crash into moving traffic.

drone 13

Menet prepares to launch his most sophisticated drone, a $16,000 system with six propellers and a high-resolution camera for digital mapping.

“You lose control of something this big and it can hurt people pretty badly,” Menet said.

To get the word out, the FAA has developed a program called Know Before You Fly that instructs users to keep drones below 400 feet. Keep them in direct line of sight. And don’t fly them near people, stadiums, or within five miles of an airport — a restriction that severely limits where you can legally fly a drone.

“I highly suggest you read the law,” Menet advised.

But while the FAA is tasked with maintaining airspace safety, it’s not entirely clear who’s in charge of privacy.

“It’s a patchwork,” Klingaman said.

Cities and counties are passing their own laws, and in the past three years, 27 states have passed drone-related legislation. And at least three of them — Florida, Indiana and North Carolina — specifically ban the use of drones on private property. That raises a whole new set of questions, like ‘How high does your property line go? 10 feet? 50 feet? 100 feet? 200 feet?’

In Wisconsin, there is no law specific to private property. Instead, the Badger state has taken a different approach.

“It’s a very loose standard,” Klingaman said.

Last year, Governor Walker signed a new law that makes it a crime — albeit a misdemeanor — to use a drone to record another person in a place where they have a reasonable expectation of privacy — a concept that’s not yet clearly defined.

“Front yard versus back yard. Front porch versus back porch,” Klingaman said.

But the law only focuses on recording an individual.

And that is why Zoulek recently went to Madison to try and meet with lawmakers. She wants something on the books that specifically protects private property from aerial trespassing.

“I’m hoping that they put stricter laws on drone activity,” Zoulek said.

Peter Menet just hopes irresponsible drone users don’t ruin it for everyone else.

“Just because the aircraft CAN do it, doesn’t necessarily mean you should do it,” Menet said.

Not only does Wisconsin law make it a crime to use a drone in violation of a person’s privacy, it also requires police to get a search warrant to use a drone where a person has that same expectation of privacy. And it makes it a felony to possess or operate a weaponized drone.

Meanwhile, the FAA announced in October that it plans to require all drones to be registered. Details of that registration system, however, are still being ironed out.

Nurses steal drugs, put patients at risk

$
0
0

MILWAUKEE — In Wisconsin, impaired nurses are putting patients at risk — and it can be deadly.

A FOX6 review of state discipline records shows 104 Wisconsin nurses have been disciplined in just the last two years for either stealing narcotics or being high or drunk on the job. And those are just the nurses who have been caught. In one case, a patient died.

nurse 3

"We are proactively looking at this," says Steven Rush, Vice President of Workforce and Clinic Practice at Wisconsin Hospital Association.

Dianne Hiller, a visiting nurse for a Milwaukee hospital, stole pills from her cancer patients.

Violet Thelen told investigators she popped eight Vicodin's a day and would remove Fentanyl patches from patients' bodies.

Amy Rich, a nurse at another Milwaukee hospital, would shoot up at work with Fentanyl and Dilaudid. She injected herself on the job so many times, she had track marks on her arms. The last time she got caught, she admitted this was not the first time she had addiction issues at work.

"I find it pretty appalling and certainly not the conduct you would expect of a nurse," says Gina Dennik-Champion, president of the Wisconsin Nurses Association.

Stefanie Jones, a nurse at another hospital, was caught on camera removing morphine from vials and then refilling them with water — without using gloves.

A total of 42 patients were affected and five got a bacterial infection. Eventually, one died.

Nurse Jones told investigators she did it to escape her life.

Kristin Waite-Labott is a nurse who can relate.

Nurse 10

Kristin Waite-Labott talks about the easy access she had to medications while a nurse at a Milwaukee hospital.

"I was putting my patients at risk," Waite-Labott said.

"Nobody knew that I was using until they caught me stealing."

In 2004, her marriage was on the rocks.

"It occurred to me one day when I was working in an emergency room that we throw away a lot of awfully good drugs," Waite-Labott said.

Eventually she was caught and ended up in jail.

"I just couldn't, I couldn't stop it."

But after ten years of sobriety, she said it's time for the industry to really come clean.

"I think this is a huge problem and I don't think there is a lot being done about it. Everything is very hush-hush. Nobody wants to talk about it," Waite-Labott said.

That was certainly the case when we reached out to a handful of Milwaukee hospitals to discuss this story.  None of them would talk to us, and some never even responded.

The ones that did, punted the hard questions to the Wisconsin Hospital Association.

Steven Rush works for Wisconsin Hospital Association and is also  a nurse.  Rush says nurses aren't immune to what's happening all over the country, given the skyrocketing abuse of prescription drugs, especially pain medicine and opiates.

"That's a widely held myth that nurses are disproportionately more affected by this than the general population and that's just simply not true," Rush said.

But nurses do, he admits, have more access.

Which is why, over the years, it's become more difficult for nurses to steal drugs. In some hospitals, you can't even touch a narcotic unless you use your fingerprint.

"Every nurse's every action leaves what we call an electronic footprint," Rush said.

Pharmacies and computerized machines are constantly auditing medicine cabinets and looking for red flags.

"That is stressed at the time of new hires, talking about this," Rush said. "These are things that we are observing, not could observe."

But it is still happening all around the state; in hospitals, in nursing homes and, sometimes even in patient's living rooms. And when it's not the patients who are at risk, it's the nurses themselves.

Our review of state discipline records shows not only do most of the nurses self-medicate, but some of them try to kill themselves at work. More than a few nurses at Wisconsin hospitals were found unconscious at work. Sometimes, despite internal audits, they steal pain medication for years before they get caught.

"Nurses are human," Rush said.

While that can be their greatest strength when it comes to patient care, it can also be their biggest vulnerability, especially since their jobs put them in extremely stressful circumstances.

"I was always so nervous and so uptight that it just helped me to feel better," Waite-Labott said.

Now sober, Waite-Labott has written a book for other nurses struggling to beat addiction.

nurse 11

Waite-Labott has finished writing a book that she hopes will help other nurses steer away from the temptation of drugs while on the job.

"You don't have to end up like me and losing everything."

Her message is simple — before you can help your patients, you might have to help yourself.

If you are a nurse who wants to get help, you can self-report your addiction to the  Wisconsin State Board of Nursing through the Professional Assistance Program.

You can keep your license, and get help at the same time.  It's one of the only programs like this in the entire country.  Currently, 36 nurses are being monitored.

"It's monitoring, it's continuing with their therapy, it's continuing with their counseling," says Dennik-Chamption. "It's also about discovering who they are and what got them into this situation in the first place."

There are more than 80,000 licensed nurses in Wisconsin. If you want to self-report an addiction, visit this website for more information.

If you want to read Waite-Labott's book, you can find it on Amazon.

Has he got a deal for you! Fortune cookie maker who owes millions is seeking another investor

$
0
0

HUSTISFORD -- He's the "kind of guy who could sell ice cubes to Eskimos."  That's how an elderly Wisconsin couple describes the man who promised them amazing returns on their money, but left them in a desperate financial bind.

Timothy McQuiston has a lot of big ideas, but they always seem to cost other people big money. His latest venture? Fortune cookies shaped like tacos and cannolis. He tapped friends and acquaintances for millions of dollars in loans, but after seven years and a host of excuses, they have almost nothing to show for it.

When it comes to first impressions, McQuiston usually makes a better one than this.

"Why don't you stop and talk to me?" FOX6 Investigator Bryan Polcyn called out, as McQuiston hustled from his car to the front door of his office building. "What do you have to hide?"

Jim and Carol Frank met McQuiston after the 2008 stock market crash slashed their retirement savings.

Franks

Jim and Carol Frank say Tim McQuiston approached them with a lucrative investment deal, just after the stock market crash of 2008 had depleted their retirement savings.

"There was a lot of anxiety about what we were gonna do to make that money last," said Carol Frank. "Whatever was left of it."

McQuiston was looking for investors to help launch 'Lucky Taco LLC' -- a maker of taco-shaped fortune cookies.

"It was a very clever thing, wrapped in plastic," Carol Frank said.

He was offering 12 percent interest for a one-year loan -- far more than any other investment they could imagine, especially in the midst of a sudden recession. The problem was, the Franks didn't have much to lend. They are retired and live on Social Security. So McQuiston turned his eyes on their quaint farmstead near Allenton, about 35 miles northwest of Milwaukee.

"He said, 'Your house is paid for, isn't it?'" Carol Frank said.

McQuiston convinced the Franks to take out a $100,000 mortgage against their home, which was completely paid for. He used the money to buy a new cookie machine for his shop in Hustisford, a small village in Dodge County. Before long, he was back, asking for more.

"Another one-year loan," Carol Frank recalled.

They gave him another $35,000. And $30,000 more after that.

"We were like babes in the woods," Carol said.

"Trusting," her husband added.

For a while, McQuiston paid the Franks interest on the loan. But one year came and went, and he failed to pay the principal. Then two years. Then four. Then six.

"He never seemed to be making a lot of cookies. Do you remember that?" Carol Frank said.

"No, right," Jim Frank said.

They would've been even more worried if not for the collateral that supposedly protected them.

Little did the Franks know just how tangled a web 'Taco Tim' was weaving.

"Once he gets the money, you never hear from him again," said Stan Johnson, another early investor. He loaned McQuiston $95,000.

Bob Bieser coughed up $114,000.

The original "Lucky Taco" product was a taco-shaped fortune cookie with "funny" fortunes inside.

The original "Lucky Taco" product was a taco-shaped fortune cookie with "funny" fortunes inside.

"He says, 'You want to get in on a new machine I gotta buy?'" Bieser recalled.

Bieser, Johnson and the Franks had no idea they were business partners. That is, until a woman named Myrna Rae Hoehne came along.

"And he said, 'I have a woman from Texas that's interested in buying my business,'" Carol said.

Myrna Rae runs a bakery in San Antonio and earlier this year, she was looking to buy Lucky Taco.

"And I said, 'Oh, thank God, our prayers are answered," Carol said.

But before she would agree to a deal, Myrna Rae wanted to know how much money McQuiston owed and to whom.

"She asked for the list of investors and Tim gave it to her," Bieser said.

Over the course of several emails, the debt grew from $700,000 to $1,000,000 then $2,000,000.

"She starts looking at this list and going, 'Oh my God! There's 18 people on here,'" Bieser said. "And she started calling them."

Myrna Rae found that Lucky Taco owes 18 investors roughly $2.6-million dollars.

"I was flabbergasted!" Stan Johnson said.

"And we practically fell on the floor. We couldn't believe that," Carol Frank said.

"Nobody knew about each other. Everybody thought they were the only person doing this," Bieser said.

Instead of buying the business, Myrna Rae reported McQuiston to police. The Dodge County district attorney declined to prosecute, suggesting it might be a civil matter. So Myrna Rae turned to the FOX6 Investigators.

McQuiston ignored repeated requests for an on camera interview. And when FOX6 tried to reach him in person, he quickly fled, literally driving over grass to get away. Just minutes after he left tire tracks in the lawn outside his business, McQuiston called and asked for another chance to tell his side of the story.

McQuiston arrives at his Lucky Taco facility in Hustisford, Wisconsin, on October 14th.

McQuiston arrives at his Lucky Taco facility in Hustisford, Wisconsin, on October 14th.

"My intent is to get everybody paid,"  McQuiston said, when he finally sat down in the FOX6 studio in Brown Deer.

McQuiston blames his lack of success on equipment that never worked right. He also blames his own health problems -- he had heart surgery a few years ago. While he was out, there was no one to pick up the slack. You see, Lucky Taco is a one-man operation.

Bryan Polcyn / FOX6: "So you have no employees that are doing factory work?"

Tim McQuiston: "No."

Polcyn: "Sales? Deliveries?"

McQuiston:  "No."

Polcyn:  "This is just you."

McQuiston: "Right."

But while he wasn't selling many cookies, he did manage to keep landing new investors.

"Where you could possibly, possibly burn up that much money, I don't know," Johnson said.

McQuiston is now selling fortune cookies shaped like a cannoli, dipped in chocolate.

McQuiston is now selling fortune cookies shaped like a cannoli, dipped in chocolate.

McQuiston: "I guarantee you it was a lot of money."

Polcyn:  "Where did it go?"

McQuiston: "Well, it went to pay rent. It went to pay utilities. It went to pay for trade shows."

Actually, McQuiston failed to pay rent for so long, the building owner sued him for $131,000.

And court records show he owes nearly $1,700,000 in civil judgments including $800,000 to a former partner in an auto parts business and $165,000 in delinquent state taxes. Debts he never disclosed to investors.

"They didn't ask, you didn't tell," Polcyn said.

"Right," McQuiston said.

McQuiston is now trying to gain traction with a new, cannoli-shaped cookie. He's using Lucky Taco's machines, but selling the cookies under a new name.

Polcyn: "Did you ask them for permission to use these machines for Cookie Concepts?"

McQuiston: "I don't have to."

"They're not obligated to pay me anything. So he scammed me on that!" Bieser said.

And then, there's the collateral.

Bob Bieser believes he owns the cookie machine known as the Fazni-5000, but in April, McQuiston gave the Franks a document saying the machine belongs to them. And just four days after that, he filed a form called a UCC with the State of Wisconsin assigning interest in the Fazni-5000 to Black Stallion LLC.

Polcyn: "Now why would you do that?"

McQuiston: "That was, uh, a misunderstanding."

Black Stallion is connected to another Lucky Taco investor -- Port Washington Dentist Dr. Dan Witkowski.

Polcyn: "How would that be mistakenly filed?"

McQuiston: "He wanted his interest protected. I grabbed a piece of paper, wrote down some information, and on the back side of the paper there was typed information regarding something else. It was not supposed to have been done that way."

Witkowski declined our request for an interview. But after we started asking questions, the UCC was terminated on October 14th.

By then, McQuistion had already filed another UCC assigning the Fazni-5000 to a fourth investor in Florida.

cookie 1

After ignoring multiple requests for an interview and dodging our camera outside his business, McQuiston finally sits down with FOX6 Investigator Bryan Polcyn.

Polcyn: "Was that one a mistake too?"

McQuiston: "No."

Polcyn: "So that one's on purpose."

"It's an absolute scam," Johnson said.

"It's criminal!" Bieser opined.

"Definitely criminal," Carol Frank argued.

Of course, that's their opinion.

Polcyn: "Should you be held criminally responsible?"

McQuiston : "No."

McQuiston says he just needs more time to make things work. That, and another investor.

"Either find an investor that will come in and help with this project," McQuiston said, "Or find someone to turn it over to."

"It's important that he is stopped from doing this," Carol Frank said.

It may already be too late for Jim and Carol Frank. They're about to lose their home.

"It's kind of, like, tearing my heart out," Jim Frank said, tearing up and turning away from the camera.

The inside of Lucky Taco shows cookie machines sitting dormant, with little sign of any product. The date the photo was taken is not clear.

The inside of Lucky Taco shows cookie machines sitting dormant, with little sign of any product. The date the photo was taken is not clear.

They want their story to serve as a warning to others before the next investor comes in with hopes of making a fortune, but left with little more than crumbs.

FOX6 Investigators watched the Lucky Taco facility on four separate occasions, all weekdays. Never once did we see a shipment of cookies leave the facility. In fact, Lucky Taco LLC is no longer even registered to do business in Wisconsin.

McQuiston says he is still selling Lucky Cannolis. We found a few bags for sale at a gas station in Ashippun, not far from Hustisford. McQuiston says his biggest order right now is about 10 or 20 cases of cookies, a far cry from the big orders he promised investors when he took their money.

Hustisford police say investors have the option to sue McQuiston in civil court. However, some of those who spoke to FOX6 say there is little point, since McQuiston already owes so much money to others. In addition to the $2.6 million he owes investors of Lucky Taco, he owes $1.7 million in court judgments, for a total of more than $4 million in debt. The cookie equipment is worth a fraction of that.


Speaking up for Special Needs: State lawmakers charged with protecting children drop ball

$
0
0

MADISON — State lawmakers charged with protecting Wisconsin's children have potentially violated state law by failing to hold required public hearings on the welfare of children who have been egregiously injured or killed.

State Representative David Heaton (R-Wausau) admits he hasn't read any of the 90-day summary reports about children who have been killed or injured in 2015.

State Representative David Heaton (R-Wausau) admits he hasn't read any of the 90-day summary reports about children who have been killed or injured in 2015.

In Wisconsin, when a child dies or is injured because of abuse or neglect, the Wisconsin Department of Children and Families has to file a special report explaining what happened and how it happened.

The 90-day reports, available here, are published monthly.

State lawmakers are required by law to read the reports, conduct at least one public hearing a year on those reports, and make recommendations to the DCF based on their review.

"The Children and Families Committee is designed to basically be an overseer, to make recommendations to the Department of Children and Families on these reports," says State Representative LaTonya Johnson (D-Milwaukee), who has served on the committee since 2013. Johnson says the committee has failed to review the reports and hold required annual hearings.

"For the last three years that I've sat on this committee, we've never had an actual 90-day egregious report hearing," Rep. Johnson said. “That’s where we dropped the ball because we don’t hold DCF accountable. We don’t ask the tough questions, and we don’t demand the answers that are needed for us to fix this.”

FOX6 investigators read every report published over the last five years. That's how we found out that children with disabilities are dying at an alarming rate. See our investigation here.

dcf 2

The Assembly Committee on Children and Families has potentially been violating state law by failing to hold annual public hearings on 90-day reports as required by statute.

"When you look at these reports and you see children as young as six weeks or a month old with severe head trauma, or severe burns all over their bodies, you know that these children are living a life of hell," Rep. Johnson said.

Johnson is frustrated that not all committee members seem to be actively involved in reviewing the 90-day reports.

FOX6 News tried to ask lawmakers on the committee if they had read any of the 2015 reports.

"No I certainly have not," said State Representative David Heaton (R-Wausau).

State Representative Bob Gannon (R-Slinger), who initially asked FOX6 News why we were at the hearing, joking it "must be a slow news day" said he "briefly went through" the reports.

Most lawmakers avoiding answering the question, with the exception of State Representative Jill Billings (D-La Crosse).

"In the past I’ve felt like not all committee members received the summary reports and that we were not able to do due diligence in our jobs," Billings said.  "I encourage all the members of our committee to take a hard look at those 90-day reports and ask questions and make sure we understand what’s happening.”

"Our job is to hold the department accountable and we've failed to do that," Johnson said.

kids

In the last five years, 15 kids with disabilities have died from abuse or neglect. The Department of Children and Families recently admitted there is no special protocol for investigating cases when alleged victims have a disability.

On Wednesday, December 9th, a meeting was noticed to discuss the reports. But because of a technicality in the way it was noticed, lawmakers weren't allowed to ask the tough questions. Legislative counsel was afraid they would violate open meetings laws.

Even though Chief Legal Counsel for the Department of Children and Families, Randall Keys, was present, he refused to answer what he called "surprise" questions about the 90-day reports published in 2015, and pointed questions about investigations involving children with disabilities.

Just this year, nearly 60 90-day reports have been filed. Kids were starved, locked in basements, and murdered. In many cases, the families had previously been reported to Child Protective Services.

"We are required by state law to discuss these cases, to ask the hard questions, to get down to the core, to find out why these incidents are happening," Johnson said. "Who's asking those tough questions? Who's holding the agency accountable? The answer is it's not the state Legislature."

The chair of the Children and Families Committee, Representative Jessie Rodriguez (R-Franklin), says she wants the review of the 90-day reports to be a transparent process, but admits there's been a lot of confusion this year.

It is her first year chairing the committee, which has had similar organizational issues in the past.

On Wednesday, FOX6 News asked Rep. Rodriguez whether failing to have a meeting in 2015 to discuss the reports would be a violation of state law. She called us back on Thursday and said a meeting would be scheduled before the end of December.

She previously told FOX6 there was an open question about whether state law actually requires a public hearing on the 90-day reports. In past years, meetings have only been held to discuss generalized quarterly and annual reports submitted and prepared by DCF.

To see if your elected representative serves on the Assembly Committee on Children and Families, check here.

Many of them are freshman representatives.

FAA rushes to launch drone registry, which opens December 21st — just in time for Christmas

$
0
0

FRANKLIN -- More than 400,000 Americans are expected to get a drone for Christmas -- and if you're one of them, the federal government wants your name, your address -- even your credit card. The FAA's new drone registration system opens Monday, December 21st. This, as some say the new registry goes too far.

Call  them drones, quadcopters or unmanned aerial systems...

Whatever you call them, Scott Fisher says they're among the hottest new technology this holiday season. He owns Gift of Wings in Franklin and Greendale and he says they're selling all kinds of drones, including the sophisticated machines that used to be reserved for serious hobbyists.Gift of Wings

"We have people coming in and looking at these, but the toys are more popular," Fisher says.

Fisher says the demand for drones is booming.

"The FAA really got caught by surprise by this," Fisher said.

In a report released last week, the Federal Aviation Administration says the number of drones in operation shot up from about 200,000 last year to 1,600,000 this year. Another two million drones are expected to be sold in 2016.

Russ Klingaman is a licensed pilot and  a professor of aviation law at Marquette University.

"We have to find a safe way to share that airspace," Klingaman said.Klingaman

This year alone, the FAA has logged more than a thousand reports of unsafe drone operation, including near misses with airplanes in flight, crashes at major sporting events, even a crash on the White House lawn.

Because of that, the agency deemed the problem 'urgent' and rushed to approve a new registration system.

"It's a fast track approach. It's a little unusual," Klingaman said.

They wanted to have a new system in place before Americans launch their Christmas presents into the national airspace.

"They are pilots, in a sense. But they don't have to take a test. They don't have to read any books. They don't have to study the maps," Klingaman said.

The purpose of the registration system is to educate new users about safe drone operation and to help police track down the owner of a drone that causes damage, injuries or even death.

"If it does happen, we want to know who did it," Fisher said.

The online system will require you to give the government your name, physical address, email address and $5 -- paid by credit card.

In return, you get an FAA registration number.

"That number will apply to everything you have. So let`s say you have two of these. You get one number," Fisher said.

"It's really identifying you," FOX6 Investigator Bryan Polcyn said.

"You, yes," Fisher said.

"I don't see it as much different than a fishing license or a boating license," Klingaman said.

It's up to you to put the number on your drone. There's no official sticker.drone 5

"You can do it with a Sharpie. You can do it with a label gun," Klingaman.

That's one more indication the new system was rushed.

Rich Hanson represents the Academy of Model Aeronautics, a remote-controlled flying club with 180,000 members across the United States.

And he says the registration system goes too far.

"The threshhold they're now using is way too low in our opinion," Hanson said.

Serious hobbyists fly drones that can weigh up to 55 pounds and pose a real safety hazard if they crash into a plane or fall from the sky.

But the FAA's registration rule applies to drones as light as 250 grams or about half-a-pound.

That's roughly the weight of a mobile phone with a hard cover case.

"The next big thing to drop is how the public reacts to this idea of having to register virtually toy aircraft," Hanson said.drone 9

Klingaman says the new rule may have flaws, but it's a step in the right direction.

"If it cuts the risk in half, if we have only half the accidents because we've registered and educated, versus doing nothing, I think there's some benefit there," Klingaman  said.

If you have a new drone that's never been flown, you are required to register right away.

If you have one you've already been flying, you have until February 19th to sign up.

Failure to register is subject to fines of up to $27,500.

However, the FAA says their initial focus will be on education, not necessarily enforcement.

“I was videotaped in my locker room:” Pre-teen pleads for tougher law after hidden camera nightmare

$
0
0

PLEASANT PRAIRIE —  A local mom is on a mission to change state law.  She and her then 10-year-old daughter found hidden cameras in a public locker room after swim practice. She's sharing her story for the first time.

It's been nearly two years since Christina Walker and her little girl uncovered what turned out to be a massive spy cam operation in Pleasant Prairie.

The man and woman behind the plot are now in prison. But it's what Walker learned during the investigation that prompted her to come forward and tell her story in case the same thing ever happens to your family.

For Walker, the nightmare started two years ago when her 10-year-old daughter was recorded, fully nude, by a pair of hidden video cameras.

"I was videotaped in my locker room getting dressed after swim practice," the child recently said while testifying at the Capitol in Madison.

The woman who put the cameras there told police the reason she did it is complicated.

"Normal people don't want these things, right?" Melissa Wenckebach asked rhetorically, in a videotaped police interview obtained by FOX6 News.

Nervously rocking, and at times sobbing, Wenckebach told police about how Karl Landt  persuaded her to do it.

Interrogation pic

Melissa Wenkebach confesses to a sordid plot to secretly record women and children in locker rooms.

"He's really smart," she said, her voice almost whining, her eyes red and puffy. "Really smart in a scary way."

Landt had a sexual relationship with Wenckebach. They worked together at Uline in Pleasant Prairie,  a shipping supply company so large it has its own fitness center.

The prosecutor called Landt a sociopath who spent years grooming women to secretly record others in order to satisfy his perversions.

"This defendant is a sexual predator," Prosecutor Michael Gravely said at his sentencing.

Wenckebach was not the first person Landt approached -- or even the first one to agree -- but she was by far the most persistent.

"It's like you start something and you shouldn't have," Wenckebach told police. "You know you shouldn't have, but you can't stop."

Police say Landt supplied video cameras to Wenckebach, who then took them into the women's locker room at Uline and set them up.

"The camera would be hidden. It was usually in a make-up bag or a mesh bag," said Pleasant Praire Police Detective Laura Hoffman. "You would still be able to view the locker room and she would just leave the locker room door open."

Video evidence obtained by FOX6 News shows Wenckebach setting the cameras up, her face staring into the camera lens as she arranges the proper angle, hoping to capture the best view of the locker room. Once the cameras are in place, she steps away, revealing an empty locker room, where unsuspecting victims would soon walk in and disrobe, unaware they were being watched.

She performed this task hundreds of times over the course of three years.

vlcsnap-2016-02-04-15h05m19s874

Video evidence obtained by FOX 6 shows Wenckebach setting up a camera in a locker room at her workplace, Uline - a shipping supply company in Pleasant Prairie.

Landt labeled each video with things like "Hot Marketing Blonde," "Dopey Brunette Married Girl," and "Chubby Z."

"It was so unbelievably hurtful," another victim testified. "I can't even begin to explain, considering the whole reason I was down in the gym was to get rid of that chub."

When they got tired of spying on their own co-workers, Wenckebach got a job at the publicly-owned RecPlex in Pleasant Prairie. She started placing cameras there, too.  Until one day,  when a child noticed something was wrong.

"And she said, 'Mom, my coat and shoes aren't in the locker,'" Walker said.

Walker's daughter said someone else's belongings were inside her locker. When Walker peered in through the vents, she saw a camera lens pointing back out.  And in the next locker over, another one, in the exact same spot. That's when she called security and they called police. A female officer responded and cut the locks off of two lockers, pulling cameras out of both.

"It was still videotaping currently as she lifted it out. She shook her head and I just started crying," Walker said.

Wenckebach was arrested on the spot. When police raided Landt's home in Illinois, they recovered 50 terabytes of data, including thousands of hours of video recorded at Uline and the RecPlex.

vlcsnap-2016-02-04-15h05m36s403

Prosecutors say Karl Landt provided the cameras to Wenckebach and coerced her into making the recordings. One video shows Landt preparing a camera before handing it over to Wenckebach.

"It was unbelievable the amount of video footage," Detective Hoffman said.

Hoffman had the unenviable task of watching the videos and identifying victims. In that process, one thing stood out. Something the prosecutor called attention to at Landt's sentencing. The RecPlex videos showed undressed, minor children.

"We were originally hoping that there we would be able to pursue some type of charge of production of child pornography," Hoffman said.

Walker was certain of that.

"This is absolutely child pornography, I mean, it is the essence of the definition of pornography," Walker said.

But there was something prosecutors worried they could not prove.

"That the recordings were done for any sort of formal type of sexual gratification," Hoffman said.

mom talks

Christina Walker talks to FOX6 Investigator Bryan Polcyn about the gut-wrenching feeling of knowing her daughter was recorded in a locker room.

"When the detectives told me that it could not be charged that way, I was crushed, " Walker said.

Instead of the more serious charge of producing child pornography, the defendants were charged with "Capturing an Image of Nudity -- a Class "I" Felony, the lowest level felony in Wisconsin.

"It bothered me that there wasn't more that could be done," Hoffman said.

The part that bothered Walker the most -- the videos of her daughter were charged the same as if she was an adult.

"You need to change this law to protect the youngest members of our society," Walker said during testimony in Madison.

Walker is now an outspoken champion of a bill that would increase the penalty for secretly recording in locker rooms and other private places when the victim is under 18.

"We should be protected by stronger laws and stronger punishments,"  Walker's daughter told a hearing room full of state lawmakers, staff aides and reporters.

hearing 2

Pleasant Prairie Police Chief David Smetana testifies in Madison alongside Walker.

Pleasant Prairie Police Chief David Smetana also testified during that hearing.

"What we're trying to do is place a greater emphasis on the victimization of those children,"  Smetana said.

State Senator Lena Taylor (D-Milwaukee) questioned whether harsher penalties are necessary.

"We have laws that caught these individuals," Taylor said.

After all, Landt and Wenckebach were charged with more than 200 felonies each. They were convicted of 47 — one for each of the 47 positively identified victims.

"I'm just trying to understand what we're accomplishing," Taylor said.

Walker pointed out that most cases don't have 47 victims.

"Enhancing this bill will also protect children that could possibly be a single victim," Walker said.

"We live in an era where the invasion of privacy that we have in this case will become easier everyday," Gravely said.

Landt and Wenckebach used flip video cameras to make their recordings — devices about the size of a smartphone.

But micro-technology is making cameras that are much smaller, cheaper and harder to detect.

"Technology is not on our side," Gravely offered, ominously.

more handcuffs

Karl Landt is now serving 12 years in prison. Wenckebach was sentenced to 6 years.

In other words, there will be more victims — some of them children.

"They are so much more vulnerable," Walker said.

To a mom, they are the victims who matter most.

"I feel that by making the punishment stronger, criminals will be less likely to make another kid feel the same that I did," Walker's daughter told lawmakers.

The locker room privacy bill sponsored by Representative Samantha Kerkman (R-Salem) is scheduled for a vote by the full Wisconsin Assembly on Tuesday, February 9th.

State’s DNA databank doubles in size — but how much of that DNA was taken in error?

$
0
0

MADISON — Wisconsin's DNA databank has recently doubled in size, and in the last three years, more than 40,000 people in the state have had their DNA swabbed according to the Wisconsin Department of Justice.

DNA 9

More than 20,000 DNA samples were taken from people in Wisconsin in 2015.

More people than ever before are giving up their DNA—sometimes even before they're convicted of a crime. And a FOX6 investigation has found sometimes, law enforcement agencies around the state are collecting DNA samples when they shouldn't be.

Last spring, Wisconsin dramatically expanded DNA collection.  From April to December last year, 21,913 people were swabbed. That's nearly double the number of samples from previous years.

"We will save lives. We will protect people from being sexual assault victims, shooting victims, because of the evidence that is collected out there," said Brian O'Keefe, administratorcrime lab 5 for the Division of Law Enforcement Services for the Wisconsin Department of Justice.

That evidence — a DNA sample — is now being collected from even more Wisconsinites. The idea is that the more DNA we have in the state databank, the more crimes can be solved.

"DNA at arrest is a brand new law, and there was a lot of confusion. We spent a lot of time last year and the year before doing training," said Wisconsin Attorney General Brad Schimel.

Even with training, says Chris Ahmuty with the ACLU, there's been a steep learning curve.

"It's inevitable that DNA is gonna be collected when it shouldn't be," Ahmuty said.

Records obtained from the Wisconsin Department of Justice show that since 2013, 52 people have requested their DNA be removed from the state's system. In 32 cases, records show, DNA was taken in error.

"It's a pretty significant error, with people's liberty on the line," said Representative Evan Goyke (D-Milwaukee).

Most of the errors,  according to expungement records, were reported by law enforcement, like parole officers, probation officers and other Department of Corrections workers. Once they realized they shouldn't have taken someone's DNA, they filled out a form asking for the DNA to be expunged from the system. Most of the time -- it was.

Schimel

Attorney General Brad Schimel says his office is working to keep the DNA databank free from error.

Schimel says that's the way it should be.

"I'm an individual rights person -- so I don't want government to have information it shouldn't. We're always going to work to keep error rates as low as possible," Schimel said.

Some lawmakers, though, think more could be done to protect people's privacy.

"If the government is going to take your DNA, we have to make sure they're doing it justly and rightly and without error," Rep. Goyke said.

Rep. Goyke is one of several lawmakers who have drafted a bill to change the process for destroying DNA.

"If you are found innocent, the government should expunge your DNA," Goyke said. "That just makes sense. You're not guilty."

Right now, if you get arrested for certain violent crimes in Wisconsin, you have to give up your DNA . After a year, if you aren't convicted or charged with anything, the state is supposed to destroy your DNA sample.

But if your DNA is taken after you're arrested, upon conviction, then it's up to you to request that your DNA be expunged. It will only be destroyed if your conviction is reversed, set aside or vacated — or if a mistake was made.

Goyke

Rep. Evan Goyke believes some checks and balances should be put in place to make sure DNA collections are consistent and fair.

One of the problems, Goyke says, is that most people don't  know they can ask for their DNA to be destroyed. Many people don't even know if their DNA was taken by mistake.

"It is the state of Wisconsin that is requiring this," Rep. Goyke said. "We’re requiring the individual to pay for the collection of DNA, so the state should really have the duty to ensure that its database is free of error."

Individuals arrested or convicted of a crime that qualifies for a DNA sample must pay $260 to cover the cost.

Schimel points out the number of reported errors is incredibly low, compared to the total number of DNA samples that have been taken.  Still, he says, he would support automatic destruction of DNA when someone is innocent as long as it doesn't make extra work for  the Department of Justice.

"It's not just our responsibility to lock up bad guys. It's to protect the rights of innocent individuals as well," Schimel said.

Wisconsin is one of only two states in the country that is taking DNA from people when are arrested — before they're convicted of any crime.

FOX6's review of records shows while some people got a letter in the mail informing them of a DNA error, that doesn't happen in every case.

The state Crime Laboratory does not contact individuals directly informing them of their rights to an expungement, according to the Department of Justice.

If you think your DNA was taken in error or you want to request it be removed from the state's databank, you need to fill out this form .

Voucher school leader indicted for stealing taxpayer money spotted at new Choice school

$
0
0

MILWAUKEE— More than 50 schools have shut down since the Milwaukee Parental Choice Program started, leaving students in chaos and taxpayer money unaccounted for.  There's been a push to make sure voucher schools, especially the ones in Milwaukee, are being good stewards of taxpayer money.

But some state lawmakers say a loophole in the state's voucher law is worrisome, especially when they're trying to ramp up school accountability.

In 2012 a grand jury indicted Bishop Gregory L. Goner for allegedly stealing money from Excel Academy,  a Choice school he opened in 2004.

According to court documents, he allegedly used money he got for the school — about $100,000 a year— to lease Cadillacs for himself and his family. He was also accused of purchasing apartment buildings with taxpayer money, and keeping his friends, who were rarely at the school, on the payroll.

"There's government money available for people who want to open up a building and call it a school. All you have to do is get the children and all you have to do is come up with a catchy slogan," Rep. Mandela Barnes (D-Milwaukee) said.

false tax return

Goner pleaded guilty to filing false federal income tax return -- a felony.

Eventually, Excel Academy was kicked out of the Choice program, according to the Department of Public Instruction, due to the school’s lack of sound fiscal practices, lack of financial ability to continue, and failure to submit a surety bond.

In the end, the theft charges against Goner were dropped.  He pleaded guilty to filing a false tax return — a felony. He got two years probation and had to pay the IRS back. See the court documents here.

So the FOX6 Investigators thought it was interesting that just a few years later he would be talking about a new Choice school on social media -- one called United to Serve Academy.

His Facebook posts include the following:

In July he posted that he was looking forward to the upcoming school year -- and even offered to provide free uniforms for students.

In August, he was recruiting bus drivers.

In December, he had a great day at the Academy.

In January, he posted a greg goner united to serve FBselfie on his way to school.

FOX6's undercover cameras even caught him at the school on multiple occasions. So we wanted to know — after everything that happened with his old school — are taxpayers paying his salary again?

When FOX6 News finally caught up to him, he didn't feel much like talking. He told us he doesn't work for United to Serve, but he wouldn't tell us why we saw him at the school. He promised to call us later, but never did.

Goner leaves

Bishop Goner refuses to answer questions about his relationship with United to Serve Academy.

Franklyn Gimbel, a defense attorney who represents Pam Kaleka, the owner of United to Serve Academy, says Goner doesn't work for the school directly.

"There is no formal relationship whatsoever. United To Serve has a personal relationship with Greg Goner. He has, from time to time, volunteered at that school. He had some prior experience with Choice schools, with troubled children, and he had information that was useful, and has offered services that were useful to United To Serve Academy," Gimbel said.

While it's unclear what those services were, at one point Goner drove vans for the school, but he was paid by USA Transportation -- not the school itself. Gimbel says USA Transportation is owned by one of Kaleka's relatives, and it's a completely separate entity from the voucher school.

And that's completely legal.

rep. barnes

State Representative Mandela Barnes is working to tighten loopholes in the state's voucher school law.

"People who would have never imagined getting into education are doing so because there is a profit margin that exists. There is an ability to get over on the backs of children in the city of Milwaukee," Rep. Barnes said.

A spokesperson for the Department of Public Instruction says over the course of the last two years, DPI has received calls indicating Goner was working at United to Serve.   But DPI couldn't stop him.  Goner's school was shut down in 2010 —a year before a new law was written to keep guys like him from getting even more money from the state's voucher program.

"The disqualified persons law was enacted in 2011 as Wisconsin Act 47, effective November 19, 2011," according to DPI spokesperson Tom McCarthy. "The disqualified persons provisions only apply when a school has been barred or terminated from the program. Excel Academy was barred prior to the enactment of the law and the law does not include language allowing the department to retroactively apply the provisions. Therefore, Mr. Goner is not a disqualified person."

"It is bigger than him as an individual. It speaks to the flaws that exist," Rep. Barnes said.

Currently the state keeps a list of everyone who is disqualified from participating in the Choice program because of previous bad acts. Nearly 30 people are on that list. Goner is not.

Neither is Bishop Doris Pinkney — a good friend of Goner's — and the woman who ran Daughters Of The Father Christian Academy.  Pinkney lied to us in September about her school being closed.

Pinkney at school

Doris Pinkney invited FOX 6 to her school last year to answer questions about her use of state funds.

"No, my school ain't closed," Pinkney said.

But it was closed. She shut it down nine days into the school year after the state issued an intent to bar her from the Choice program. Because she closed her school before the state could do it for her — she's not on the disqualified list either.

Neither is Phalanders Tatum, who ran Jared C. Bruce Academy.  That school closed in the fall of 2014, right after cashing a check from the state for $375,000.  It took more than a year for taxpayers to get their money back from Tatum.

But if he wanted to he could open another school tomorrow because he's not on the disqualified list either. He closed his school in the dead of night, before it could be officially barred from the Choice program.

Rep. Barnes says these loopholes in the law need to be closed to protect taxpayers and students.

"When people are receiving state funds and have had any sort of corrective action for misusing those public funds I think that should bar anybody from receiving more funds especially at that that magnitude," Rep. Barnes said.

black tie party

Bishop Goner threw himself a birthday party in January celebrating 25 years of preaching and 45 years of life. He charged $35 per person.

Bishop Goner has a new church and a radio show.  His probation has ended. In January he threw himself a birthday party at the Radisson. Tickets were $35. On his Facebook page he posted a video of the "black tie affair honoring a man of wisdom."

FOX6 News asked Goner if he would use the money he made that night to pay back teachers from his old school. He still owes them more than $70,000 in unpaid wages.

He never called us back -- and his attorney did not respond to an email.

Legislation is now  being drafted to close the loopholes in the state's voucher statute. Rep. Barnes hopes to introduce the bill this legislative session.

Baaa’d medicine: Abuse of ’emotional support animals’ concerns advocates for the disabled

$
0
0

CUDAHY — What if you could take your favorite pet everywhere you go?  Restaurants. Movies. Maybe even the art museum!

FOX6 Investigator Bryan Polcyn did it. And you could too. All you need is a prescription from a mental health provider that says your pet is an emotional support animal.  Getting a letter like that is easy, as long as you have internet access, a credit card...and a total lack of conscience.   After all, there are people who really need these things.

Daniel the duck

Daniel the duck

When a grown woman tells you she can't live without her duck, it's only natural to wonder -- how does a duck help?

"They have something that they have access to that humans don't," said Carla Fitzgerald, a South Milwaukee woman with her very own emotional support duck.

Fitzgerald's feathered friend is more toddler than waddler.  He plays with toys, takes showers and he even wears a diaper. Most importantly, she says, he can sense his master having an anxiety attack before she even knows she's having one.

Carla Fitzgerald and Daniel the duck

Carla Fitzgerald and Daniel the duck

"It's almost like he's trying to climb my leg and he's yelling as loud as he can, 'Mama mama mama mama mama,'" Fitzgerald said.

Fitzgerald suffers from post traumatic stress disorder, or PTSD. She says it stems from an accident when a car struck the horse and carriage she was operating in Milwaukee's Third Ward.

Carla and duck

Carla Fitzgerald suffers from PTSD and receives therapeutic assistance from her pet duck, Daniel.

"I got catapulted out and landed on a drawbridge," she said.

Three years later, she's still afraid to leave the house alone.

"So, I started seeing a psychologist," she said.

And for each appointment, she brings along Daniel, her three-year-old Indian Runner. She goes to see Dr. Constanz Hartney at American Behavioral Counseling in Wauwatosa. Dr. Hartney says the duck sits in each session, well-behaved. And he noticed that whenever Fitzgerald's stress level rises, Daniel leans in and calms her down.

"I became convinced that the duck was sensitive to her emotional changes," Dr. Hartney said.

Daniel the duck

Daniel the duck

So Dr. Hartney wrote Fitzgerald a letter saying the duck is "therapeutic," so she should be allowed to live with him. Now she takes Daniel almost everywhere she goes; in the car, to the movies, to church and even out for quick bite of lunch.

"When he's in public, he behaves," Fitzgerald said.

Daniel the duck in public

Daniel the duck in public

The trouble started when she decided to get an apartment in Cudahy.   Mayor John Hohenfeldt says when they first got wind of a duck moving to town it ruffled a few feathers.

Source: US DOT

Source: USDOT

"When you think of a suburban community, are ducks the cleanliest animal?" Hohenfeldt asked.

The concern prompted city officials to draft a proposed new ordinance, banning the ownership of ducks within city limits, but then decided to hold off while the city attorney did more research.

"This is nothing more than bullying," Fitzgerald said at the time. "That's all that it is."

Federal law not only protects your right to live with an emotional support animal, it allows you to take them on airplanes.  But therapy animals have become increasingly controversial as more exotic creatures show up where standard pets are not even allowed. Like the unruly pig kicked off a US Airways flight two years ago. Or the couple that tried to bring a kangaroo into a Beaver Dam McDonald's last year. Or the turkey spotted flying Delta just last month.

Service animals

In fact, complaints about support animals on airplanes have tripled in the last six years, raising questions about whether some pet owners are abusing the system in order to fly without paying, or live where pets are not allowed. And FOX6's investigation has found getting a doctor to designate your pet a therapy animal is easy.

Goat 3

FOX6 Investigator Bryan Polcyn takes a goat out in Milwaukee to test the power of an emotional support animal letter he paid for online.

Just Google 'emotional support animals' and click on the myriad of links for a doctor's letter, and then fill out an online medical exam.

It took FOX6 Investigator Bryan Polcyn about 30 minutes -- and a $159 charge on his credit card.  Two days later, he received a letter from a licensed psychotherapist he'd never met. A therapist he'd never even talked to on the phone.  The letter states that Polcyn has been "diagnosed" with an unspecified "mental health condition" and is therefore prescribed "one goat for emotional support."

With the help of a local goat farmer, the FOX6 investigators borrowed a 70-pound Nubian-Boer mix named —of all things —"Duckie" and then hit the big city.

First stop? The Milwaukee Art Museum.

Duckie the goat at the Milwaukee Art Museum

Duckie the goat at the Milwaukee Art Museum

Needless to say, Duckie drew a crowd.  A security guard asked why we had an animal in the building, but when we explained it was an emotional support animal, he let us pass. We got into the museum without any trouble.  In fact, Duckie instantly became the museum's most popular exhibit. Within minutes, the goat at the museum was a social media sensation.

We didn't stop there.

Duckie the goat at the Milwaukee Art Museum

Duckie the goat at the Milwaukee Art Museum

We took Duckie to Starbucks, Lulu Lemon clothing store, the Marcus South Shore Cinema and the Milwaukee Public Market.

After a few minutes of perusing the Public Market, a female employee approached, asking: "Is there any way that one of you could take the goat outside?  We don't allow animals in here."

An employee of Milwaukee Public Market asks FOX6 to take the goat outside, then relents after being told about the therapist's letter.

An employee of Milwaukee Public Market asks FOX6 to take the goat outside, then relents after being told about the therapist's letter.

We explained that it was an emotional support animal and offered to show her the therapist's letter. She eyed the letter, but never read it, and then replied, "Okay."

Duckie got to stay.

Same thing at the movies. We got in just fine, bought tickets and even found seats in the theater, before an usher came and asked us to step outside. There, a theater manager asked why there was a goat in the building.

"This is my emotional support animal," Polcyn explained.

"Okay, you said that you have papers?" the manager asked.

A quick scan of the letter and Duckie had a front row seat for Tina Fey's latest flick.

Duckie the goat at the movies

Duckie the goat at the movies

"It speaks well for our city's open mindedness," Dr. Hartney said.

According to Kit Kerschensteiner, managing attorney for Disability Rights Wisconsin, it also speaks to something else.

Duckie the goat

Duckie the goat

"That there are people out there playing this card when they really don`t deserve to play it," Kerschensteiner said.

While full-fledged service animals, like guide dogs, can go anywhere their owners go, federal protection of emotional support animals only applies to housing and air travel.

"A lot of people think 'I have an emotional support animal. I can take him on the bus, take him into Walgreens or a restaurant,'" Kershensteiner said. "That's not the point of the animal."

MILWAUKEE RIGHTS WISCONSIN

Kit Kerschensteiner, managing attorney for Disability Rights Wisconsin, says if people are abusing the system, it could have a negative impact on people like Carla Fitzgerald, who legitimately need animal therapy.

Fitzgerald knows businesses are not required to let Daniel, the duck, come inside with her.

"You ask permission. You have to ask permission," she said.

But most people don't know that. So schemers can easily take advantage.

"That's making it harder for people with disabilities," Kerschensteiner said.

She's worried they will ruin it for people like Carla Fitzgerald.

"This is my emotional support animal. I need him," Fitzgerald said.

After further review, the city of Cudahy informed Fitzgerald she can live there with Daniel, after all. Mayor Hohenfeldt said they just needed to check the law first.

"I said, 'Carla, I never said I don't want you living in our community,'" Hohenfeldt said. "'I just want to make sure we are doing it right.'"

Duckie the goat

Duckie the goat

You might say it's a feather in the cap for disability rights. And a win for Carla Fitzgerald.

"All I'm asking is to live peacefully and quietly... with my duck," Fitzgerald said.

Fitzgerald has a real anxiety disorder and she sees a therapist, regularly, who believes her duck is helpful in her recovery.

Of course, FOX6 Investigator Bryan Polcyn has no real need for a therapy goat, but he had no trouble at all getting the letter saying that he does.

That demonstrates how easily the therapy animal designation could be abused people who want to live where pets are not allowed or want to fly with a pet without paying for it.  And that could undermine an otherwise promising therapy.

Carla Black

Carla Black

The psychotherapist who wrote the letter, Carla Black of Los Angeles, California, said she usually Skype conversations or emails with a person before diagnosing them. She did neither of those things with Bryan Polcyn. Black said that's because Polcyn's questionnaire was complete and informative. Black defended what she calls "online therapy," saying that it is just as easy to lie in person -- and just as hard to detect. She writes that "any industry can be abused."

Police officer convicted of battering an inmate finds sympathetic boss in a new town

$
0
0

PORT EDWARDS —  A former Greenfield police officer convicted of battering a female inmate is back on patrol, but not in southeastern Wisconsin.

He is commuting six hours, round trip, to work part-time.

Officer Thomas Roszak

Officer Thomas Roszak

It's been nearly three years since Officer Thomas Roszak tossed a belligerent drunk driver into her jail cell like a rag doll.  The video was publicly released back in 2013, but what most people never heard is what the officer said afterward. Greenfield police say the officer's statements about what he did fueled his criminal conviction.  But that doesn't seem to bother his new boss. And you're about to find out why.

For police officers, dealing with unruly people is part of the job.

Repeat drunk driver Amanda Luke bounces, face first, off of a metal stool in her cell after former Greenfield Police Officer Thomas Roszak threw her in retaliation for her "belligerent" behavior.

Repeat drunk driver Amanda Luke bounces, face first, off of a metal stool in her cell after former Greenfield Police Officer Thomas Roszak threw her in retaliation for her "belligerent" behavior.

But what happened inside the Greenfield Police Department is not the way officers are trained to respond.  Amanda Luke is a repeat drunk driver who led Greenfield police on a slow speed pursuit in the summer of 2013.  She was arrested and taken in for booking, but then refused orders to get back in her cell. When she put her right hand on Officer  Roszak's chest, he reacted with unusual force.

Surveillance cameras show Roszak placing his hands under Luke's armpits, lifting her off of the ground, carrying her across the hallway to a holding cell, then planting his feet and extending his arms. Her attorney, Jonathan Safran, describes how the officer's powerful thrust sent Luke's body hurtling into the room.

"She is literally coming in face first and actually strikes the metal stool that's bolted into the floor," Safran said.

After Luke bounces off of the stool and rolls to the floor, Roszak can be heard on the video recording hurling a vulgar insult toward her. But it's what he wrote in his report that may have ensured his violent act would lead to criminal charges. Roszak wrote that he "escorted" Luke to her cell, felt "resistive tension in her arms," then tried to "disengage" only to watch her "stumble" and "fall to the floor."

"It was quite obvious from the video footage that that is not what happened," Safran said.

Roszak later told Internal Affairs it was Luke's fault for touching him. In a recorded interview obtained by FOX6 News through an open records request, Roszak says Luke assaulted him.

Officer Thomas Roszak

Officer Thomas Roszak

"If you put your hands on a cop, if you assault a cop, there's going to be repercussions," Roszak said.

When asked if he felt any responsibility for what happened, Roszak replied, "I shouldn't have used those words that I used...that I was wrong for. That, I apologize for."

Officer Roszak was charged with felony misconduct, but pleaded to a lesser charge of battery.

Officer Roszak was charged with felony misconduct, but pleaded to a lesser charge of battery.

Beyond that, he said, "I believe that my actions were justified and that what I did was fine."

Roszak resigned from the Greenfield Police Department and the district attorney charged him with felony misconduct. The charge was later reduced in a plea agreement to misdemeanor battery.  That meant no jail time and, perhaps more importantly, it allowed him to potentially continue as a police officer.

Nearly three years later, Roszak still lives in Oak Creek, but he finally has a new job. It's a job that takes him a long way from home.  He now drives more than three hours -- each way -- to the Village of Port Edwards, just outside Wisconsin Rapids. He works part-time there as a patrol officer.  It's a hiring decision that has locals, like John Miloch, on edge.

"He's still a cop?"  Miloch asked, rhetorically. "Something smells. Something isn't right."

"I was surprised that any department would want to take the risk of hiring a police officer that had a history of abuse of a prisoner," Safran said.

Port Edwards

Port Edwards

Port Edwards Village President Ed Saylor says he was sick the day they interviewed Roszak for the job, but he's not concerned about what the officer did to lose his last one.

"We did a background check. We did a psych test. And everybody felt comfortable with him. It wasn't that bad," Saylor said.

At a recent board meeting, Port Edwards Police Chief Jennifer Iverson told FOX6 News she's OK with it too.

"Because there is mistakes that have been made and paid for," Iverson said.

Iverson was just hired as a Port Edwards patrol officer last year, but when the village's longtime chief resigned, she was promoted to take his place.

"All of a sudden, three months later, she is chief of police," Miloch said.

Roszak's new boss, Port Edwards Police Chief Jennifer Iverson, also resigned from Greenfield Police Department while under investigation for misconduct.

Roszak's new boss, Port Edwards Police Chief Jennifer Iverson, also resigned from Greenfield Police Department while under investigation for misconduct.

It seems to be a remarkable turn of events, considering -- like Roszak -- Iverson also resigned from the Greenfield Police Department while under investigation for misconduct. She was reluctant to do an interview, but answered some questions when FOX6 News tracked her down at a recent village board meeting.

"I've been dealing with the chief of police of Greenfield police department for the last four years," Iverson said. "I don't care to bring this down to Milwaukee any more than it already will be for fear of retaliation from him. And that alone, may cause me problems. So if you don't mind, I'd like to finish this interview and be done."

According to records obtained by the FOX6 Investigators, Iverson — then known as Jennifer Heintz — was disciplined repeatedly for poor work performance, violating safety rules and failure to follow orders. Iverson said the file is misleading.

"There's a lot that's not completely truthful in the file," Iverson said.

Greenfield police say it was Iverson's dishonesty that prompted her supervisors to start recording her conversations.  In one recording, she tells her boss she can't testify in a trial as scheduled because she's been ordered to report for military duty.

The recording was made in September of 2013 by Sergeant Peter Regenfelder. He asks Iverson (then Officer Heintz), "When do you have to be at your training?" She responds: "4 a.m. on Thursday morning."

Documents obtained by FOX 6 News through an open records request show Iverson -- then known as Jennifer Heintz -- was repeatedly disciplined as a GFPD officer for rule violations. In 2013, she was recorded by a supervisor lying about the reason for missing a trial.

Documents obtained by FOX 6 News through an open records request show Iverson -- then known as Jennifer Heintz -- was repeatedly disciplined as a GFPD officer for rule violations. In 2013, she was recorded by a supervisor lying about the reason for missing a trial.

Turns out, she didn't have to be at her training until three days later and could have testified at the trial, but chose not to.

"Did you tell Sergeant Regenfelder, 'I have to be at my training at 4 o'clock am on Thursday morning?'" Jim Korom, attorney for the Greenfield Police Department asked during an internal investigation.

Heintz replies: "I don't recall making that statement."

But the evidence was already on tape. Like Roszak, Iverson resigned while under investigation. She blames her problems in Greenfield on her former boss, Police Chief Brad Wentlandt. And the Port Edwards village president seems to agree.

"Everybody has some issues with former bosses," Saylor said. "And we didn't see an issue."

John Miloch says a police chief with a history of lying on the job is a problem.

"I'd have some real issues if you were to pull me over. Or arrest me. I mean, what's going to come out in her police report?" Miloch said.

Despite the mutual ties to Greenfield police, Iverson says she had nothing to do with the village board's decision to hire Roszak.

"I took myself out of the situation," Iverson said.

She insists it is just a coincidence.

"Why would he commute six hours round trip to work part-time?" FOX6 Investigator Bryan Polcyn asked.

Iverson responded: "To get back into law enforcement."

For Roszak, the new job comes at a critical time. In Wisconsin, a police officer is automatically decertified after three years without a law enforcement job. Even though he only works sporadically for Port Edwards, the part-time job resets his three-year clock.

FOX6 News tried to talk to Officer Roszak for this story. The day we stopped by his house, he was home. He even peeked out of a window at the top of his front door. But he never came out. Not until after we left. So FOX6 was never able to ask him if he still believes what he said to Greenfield police internal investigators back in 2013 -- "If you put your hands on a cop, if you assault a cop, there's going to be repercussions."

And if that should be a concern to Port Edwards or any other communities he's called on to serve and protect.

"I think one really needs to make a decision whether this is the right profession for you," Safran said.

Before the 2013 incident, Roszak had no prior record or disciplinary history. And as FOX6 News pulled away from his house last week, a neighbor waved his arms to flag us down. Andrew Walters vehemently defended his friend and urged us not to do another story. He said Tom Roszak is a family man and a good cop who made one mistake that happened to be captured on video. Walters sent an email to FOX6 News elaborating on his support for the embattled officer.

In response to FOX6's story, Greenfield Police Chief Brad Wentlandt issue a brief statement. It reads:

"I answer to the community and our citizens, and they expect to have honest police officers serving them. We know we made the right employment decisions for our agency and our community."

Meanwhile, the Village of Port Edwards has scheduled a special "town hall" meeting for Tuesday, March 1st, for residents there to express comments or concerns.


“I couldn’t breathe:” State changes course after placing rapist within blocks of his victim

$
0
0

PEWAUKEE —  It's one thing to know a sex offender lives in your neighborhood. It's quite another to learn it's the man who raped you. FOX6 Investigators show you what happened when a rape survivor told the state about the man they unwittingly placed right around the block.

With more communities restricting where sex offenders can go, the state is having a tough time finding places to put them. That may explain how the Wisconsin Department of Corrections responded when a rape victim told them her attacker was too close for comfort.

Fifteen years after the high school party that changed her life, a wife and mother -- whom we'll call Christine -- is reliving the nightmare. As a victim of sexual assault, she asked that we not use her real name.

Christine

The victim of a 2001 sexual assault says she "freaked out" when she learned the man who raped her was moving into her neighborhood.

"It all comes flushing right back," said Christine. "You think you moved on and you really didn't."

In January, Village of Pewaukee police issued a bulletin indicating that 33-year-old Peter Watry was moving into the village. Specifically, he was moving to an apartment on Greenhedge Road. It just so happens that is in the same neighborhood as Christine -- one of his victims.

"I freaked out. I couldn't breathe. I started crying. I couldn't believe that they'd place him so close to me," Christine said.

Christine was 17 and Watry 19 when she reported him for sexual assault after a drinking party in 2001.

"I lost all my friends. I'd have stuff thrown at me in the hallways when I went to school," Christine recalled.

While her complaint was still pending in court, Watry had sex with a 13-year-old girl. He was convicted of sexually assaulting both of them, and he was sentenced to five years in prison. Since then, he has been released from prison, sent back, and released again multiple times for violating the rules of community supervision.

The building Watry moved into this time is home to four other sex offenders, all of whom committed crimes against children. But Christine says she isn't worried about the others.

"I'm not asking them to move all of the registered sex offenders. I'm asking them to move the one that raped me," she said.

2016-02-26 09_40_34-Google Maps

The Wisconsin Department of Corrections did not know Christine lived nearby when Watry moved in. So she called his probation agent and told her. After that, Christine was informed that it was too late. Her attacker was there to stay.

"They told me that if they made him move out of there that he would be homeless," Christine said.

"We've had offenders who've stayed the night in parking lots," said Matthew Carney, spokesperson for the Village of Pewaukee Police Department.

Carney says it's getting harder for the state to find homes for sex offenders because a growing number of communities have laws that severely limit where offenders are allowed to live.

"Eventually the state has to make a decision on what we want to do with these individuals," Sgt. Carney said.

Unlike other communities, the Village of Pewaukee only restricts where sex offenders can hang out. They're not allowed to loiter within 500 feet of any school, recreational trail, playground, park, or public beach, but there are no restrictions on where they can live. This is what makes Pewaukee an increasingly attractive place for sex offenders to settle in.

Village of Pewaukee Police Sergeant Matthew Carney shows FOX6 Investigator Bryan Polcyn where clusters of sex offenders now live.

Village of Pewaukee Police Sergeant Matthew Carney shows FOX6 Investigator Bryan Polcyn where clusters of sex offenders now live.

When Christine asked Watry's probation agent to move him, the agent reassured her that Watry was on a GPS monitoring bracelet. The DOC promised to set up a "geo-fence" that would alert the state if he came within a certain distance of her home.

That wasn't enough to assuage Christine's concerns, since the building Watry moved into is not just close to her home. It also sits directly behind a row of businesses and restaurants on Capitol Drive that she and her family visit routinely -- her husband's bank, the grocery store, a coffee shop and restaurants.

"I could go to Noodles with my family and I could be sitting there enjoying dinner and he could just walk in," Christine said.

A second cluster of sex offenders is located on the west side of Pewaukee, so Christine asked the Department of Corrections to move him there.

"Move him to the other side of Pewaukee. That's fine," Christine said.

Just hours after FOX6 stopped by the apartment looking for Watry, he called and said, "I understand...the thought of me being around brings back bad memories. I'm sorry."  He added, "My agent found this for me...I just want to be left alone."

"If we knew that there was a victim of one of these sex offenders within that radius, we would've worked with the Department of Corrections to make sure they weren't living there," Sgt. Carney said.

After FOX6 got involved, the Wisconsin Department of Corrections changed course, forcing Watry to vacate his new apartment. It was a decision that caught Watry's family by surprise.

watry and sister

Jennifer Watry, the sex offender's sister, says the family was "stunned" when her brother was told to vacate the apartment building. She says "he did nothing wrong" and that he is now homeless.

"He's working two jobs. He's doing everything he's been asked to do. I just don't understand why he has to be forced to move when he hasn't done anything wrong," said Jennifer Watry, Peter's sister.

She says her brother is temporarily crashing on a friend's couch, but -- as the Wisconsin Sex Offender Registry now shows -- he is technically homeless.

"It's completely unfair," Jennifer Watry said. "To me, the way the system is set up, is like these particular sets of people are set up to fail."

Christine said she understands sex offenders need a place to live, but it shouldn't be so close to the person they sexually assaulted.

"How would you feel if the person that raped you moved right up the road from you and your family?" she said.

A spokesperson for the Wisconsin Department of Corrections says the location of a victim is among the factors they consider when approving a sex offender's residence plan.  However, the state did not know where Christine was living before approving Watry.

If you're a victim, the Department of Corrections encourages you to sign up for a free service called "Voice for Victims" that provides updates on an offender's status and gives you the option to provide the state with your current address. We have information on how to sign up here.

Pewaukee police say this further highlights the problem Wisconsin has with a patchwork of local ordinances that govern where sex offenders can and cannot live.  Last fall, Representatives Joel Kleefisch (R-Oconomowoc) introduced Assembly Bill 290, which would standardize sex offender residence laws statewide. That bill is sitting dormant in the Assembly's Committee on Corrections.

Offenders threatened, jailed for ‘false’ alerts from alcohol-monitoring bracelets: “I didn’t do anything wrong!”

$
0
0

MILWAUKEE— He swears he was not drinking, but his ankle bracelet detected alcohol and that almost landed him back in jail. A Milwaukee man has shared his story with the FOX6 Investigators with the hope that the same thing won't happen to someone else.

Dave Matthews Band played a long show, but not long enough for Joel Clifford to sober up before leaving Alpine Valley last summer.  Body camera video obtained by FOX6 shows Clifford telling police he thought he was "OK to drive."

"When was the last time you had a drink?" the East Troy police officer asked Clifford.

"About four hours ago," Clifford said.

Clifford's breath-alcohol-concentration (BAC) was point-zero-nine grams per milliliter (.09 g/mL)...just above the legal limit.

He should have known better. This was not his first offense.  It was his third.

"Bottom line, I made an unwise adult decision," Clifford said.

20160205_125716

Convicted of his 3rd OWI, Joel Clifford was placed on a SCRAM ankle bracelet, which monitors alcohol in the body through vaporized skin sweat.

Clifford was sentenced to 60 days in the Walworth County Jail, but he was allowed to serve it in Milwaukee County on house arrest with so-called Huber release privileges to go to work.

"Being out on Huber, being out on GPS is a privilege, and I was trying to follow the directions to take advantage of that privilege," Clifford said.

To make sure he stayed sober, the court ordered Clifford to wear an ankle bracelet that detects alcohol through the skin. That's when he ran into more trouble.

"I didn't do anything wrong and they're sending me back to jail," Clifford recalled thinking at the time.

The bracelet is known as a SCRAM device, or Secure Continuous Remote Alcohol Monitor.

Jason Tizedes describes it as "a breathalyzer for your ankle."

Tizedes is sales manager for Alcohol Monitoring Systems (AMS), makers of the SCRAM bracelet, which is now being used in almost every state in the country. The bracelets keep tabs on approximately 350 Wisconsin offenders every day. Tizedes says the vast majority of those offenders -- 99.2% -- remain alcohol-free.

"Our primary focus is to try to change the lives of the people that are wearing the devices," Tizedes said.

Every 30 minutes, the SCRAM bracelet checks vaporized skin sweat for traces of alcohol. That data is periodically uploaded to the agency that's monitoring the offender. Here in the Badger State, it's a private, non-profit called Wisconsin Community Services (WCS).

Clifford says WCS knew he worked as a bartender at On The Border, a so-called "gentlemen's club" in Franklin. He's been a bartender there for the past 12 years. Because he works around alcohol all day, he knew he'd have to be extra careful while wearing the SCRAM device.

"You're pouring drinks, you feel something, I'm gonna assume it's alcohol," Clifford explained. "Ran back to the sinks. Washed my hands. Had a couple, few extra dry towels right there. Dried my hands off right away."

His first night on the bracelet, he poured drinks until 3:30 in the morning. He went home, crashed on the couch, and then awoke to a phone call.

"'It's Linda. It's from WCS,'" he recounts. "'We have a malfunction on your bracelet. Can you come down?'"

Clifford says his roommate drove him to the WCS office, where he was repeatedly questioned about how much alcohol he had to drink. He says the staff did not seem to buy his story that he'd consumed nothing but water.

Clifford says staff in the WCS office accused him of drinking and handcuffed him to a chair. He was later released when it was determined the alcohol alert came from other "environmental" sources.

Clifford says staff in the WCS office accused him of drinking and handcuffed him to a chair. He was later released when it was determined the alcohol alert came from other "environmental" sources.

"'You're drinking. Why don`t you just tell us you were drinking?' Which I wasn't. 'Why don't you just tell us what happened?' I'm like, 'I didn't drink!' They're like, 'Take him to the front, detain him.' They handcuff me to a chair,'" Clifford said.

It had already been several hours since his shift ended, so it was too late for Clifford to take a breath test that could independently verify his sobriety at the time in question. But eventually, WCS let him go without explaining why.

"My boss was like, 'I saw you all night. You didn't drink. But whatever you did, don't do it again,'" Clifford said.

"A lot of these participants are looking at having their liberties taken away and that`s something we take very, very seriously," Tizedes said.

Tizedes would not comment on Clifford's case, specificially, but he says SCRAM bracelets have a low rate of false positives -- 0.11%. That's about one out of every 909 alcohol alerts. Even then, there are human analysts who comb over the data to make sure they don't make a mistake.

"I don't believe that happens," Tizedes says. "And if it has happened, it's extraordinarily rare.'"

But SCRAM is not the only alcohol bracelet on the market. Another repeat drunk driver, who we'll identify only as "Jennifer," told the FOX6 Investigators that she was hauled away to jail due to false alerts on an alcohol monitoring bracelet.  She agreed to share her story if we agreed not to publish her real name.

In 2013, the Milwaukee probation office put her on a different bracelet -- the Transdermal Alcohol Detector from BI, Incorporated, or BI/TAD for short. Jennifer wore the bracelet without any issues for the first four months, but then a series of alcohol alerts landed her back in custody.

"I was like, 'I told you, I wasn't drinking! Period. I haven't drank since my arrest,'" Jennifer said.

Another offender FOX6 identifies only as "Jennifer" was arrested, then released, after alcohol alerts on a TAD bracelet made by BI, Incorporated.

Another offender FOX6 identifies only as "Jennifer" was arrested, then released, after alcohol alerts on a TAD bracelet made by BI, Incorporated.

She sat in jail for five days until her probation agent paid her a visit, and presented charts showing five separate potential alcohol violations. Jennifer had no explanation. Still, the agent released her from jail, without telling her why.

"You never got a definitive answer?" asked FOX6 Investigator Bryan Polcyn.

"No," Jennifer said.

The company that makes the BI/TAD bracelet declined to answer questions about Jennifer's case, but its website claims an accuracy rate better than 99%. The makers of SCRAM insist their ankle bracelet is better.

"Ours is going to be the gold standard," Tizedes said. "Ours is used in academic research. Ours is used by federal agencies to do studies."

Either way, Michael Hlastala says no system is perfect.

"Because it's an indirect test, it has some limitations," Hlastala said.

Hlastala is a forensic expert who has testified in dozens of court cases about the limitations of transdermal alcohol monitoring. While the devices do a good job of detecting alcohol, he says they are not necessarily good at distinguishing consumption of alcohol from environmental sources, such as hair spray, lotions, perfumes or other sources.

"The criteria that are used for identifying an alcohol-related event are a bit vague," he said, referring to SCRAM's method of determining the type of alcohol being detected.

Joel Clifford now wonders if an alcohol-based chemical detergent they use at the bar might have triggered his alert.

"I had my hands on the dishes all night," he said. "You're rotating your hands through a dishwasher. You're getting that chemical right into your skin. And it read as I was drinking."

Tizedes doubts that is what happened, explaining that when environmental alcohol is detected, it usually looks like a quick spike on the chart. Drinking leaves a more gradual pattern, he says, as the alcohol is slowly eliminated from the body. When the type of alcohol can't be determined, he says, they give the bracelet wearer the benefit of the doubt.

GRAPH

Only "confirmed" drinking events are reported to the court, and Clifford's public case file shows no such event was ever reported. In fact, he completed his sentence on the bracelet and was released two weeks early. Still, he wanted to tell his story to warn others.

"Because, how many other people were telling the truth like me and got sent back to jail?" Clifford said.

Of course, he knows the best way to avoid going to jail is not to drink and drive in the first place.

Wisconsin Community Services officials did not return a call seeking comment. Officials with the Milwaukee County House of Correction declined an on-camera interview. However, HOC Superintendent Michael Hafemann did release the following statement:

Former inmate Joel Clifford’s bracelet generated some alcohol alerts—not “false alerts,” not “false positives”—indicating there was a presence of ethanol. Per standard protocol for inmates who are granted the privilege of being supervised during their jail sentence through electronic monitoring/home detention, Mr. Clifford was detained briefly at the EM Program offices while EM Program personnel, with the assistance of AMS, worked to determine either a confirmation of drinking or that the alerts were environmental alcohol; the determination was the readings were environmental. At no point was there a confirmed consumption of alcohol; Mr. Clifford was allowed to maintain his employment and he served the rest of his court imposed loss of liberty, for a third driving while intoxicated conviction, without incident. In short, the equipment and process worked as intended.

Moreover, while he was in custody and after his release from custody, Mr. Clifford had the ability and access to submit a complaint and/or grievance regarding any aspect of the EM Program, but failed to do so; he never availed himself of the opportunity to address his concerns with persons who could have resolved whatever issues he may have had.

FOX6 Investigators also contacted BI, Incorporated, the makers of the TAD bracelet, for comment about Jennifer's arrest for alcohol detections, and her subsequent release without explanation.  We provided BI with Jennifer's true identity, so the company could review her case. A spokesperson referred all questions to the "government agency" in charge of supervising Jennifer.

At the time, that was the Milwaukee probation office, a division of the Wisconsin Department of Corrections. A spokesman for the Department of Corrections said:

[Jennifer] was fitted with a BI/TAD bracelet following her release from jail. A BI employee fitted her bracelet in the presence of a DOC agent in January 2013. DOC received an alert in May 2013 for potential violations related to the bracelet. A request for apprehension was issued and she was subsequently arrested by the Greendale Police Department. DOC investigated the alleged violations and she was released after 5 days, as DOC was unable to confirm that a violation occurred. She was subsequently placed on a different alcohol-monitoring device.

“We had a law changed!” Mother, daughter team up to turn invasion of privacy into public victory

$
0
0

PLEASANT PRAIRIE -- A shocking invasion of privacy has led to a change in public policy, and a 12-year-old girl has been one of the driving forces. She and her mother teamed up to change state law.

Christina Walker brought the whole family to the Capitol in Madison recently for "signing day." Her husband, Kelly, and daughters, Mykaela and Mia, gathered in the office of Representative Samantha Kerkman (R-Salem), as they waited for their bill to be called.

Their bill was one of 57 that would cross Governor Walker's desk on this day.

Christina and Mia Walker with Rep. Samantha Kerkman

Christina and Mia Walker with Rep. Samantha Kerkman

They would have the opportunity to meet the governor that shares their last name.

12-year-old Mia said she wasn't the slightest bit nervous.

"You sure?" asked Kerkman.

"Yeah, positive," Mia said.

"Positive?" Kerkman asked.

"Positive!" Mia said.

And why not? The hardest part of the journey was already behind her.

Christina Walker

Christina Walker

"I felt that I had failed at the number one job of being a mother," said Christina Walker.

It was April of 2014 and Mia, who was 10 at the time, was changing out of her swimsuit in a public locker room when she noticed her things had been moved to a different locker. Her mom peered in through the vents of the locker that had been Mia's and saw a camera lens pointing back out. In the next locker over, another one, in the same spot. Christina called security. Security called police. A female officer responded, removed the lock, and pulled a video camera out. It was still recording.

"[The officer] shook her head and I just started crying," Christina Walker said.

The woman who put the cameras there -- Melissa Wenckebach -- told police the explanation was "complicated." She said her co-worker, Karl Landt, had persuaded her to do it.

Melissa Wenckebach

Melissa Wenckebach

"He's really smart," Wenckebach told police. "Really smart in a scary way."

Karl Landt

Karl Landt

What Mia, the observant 10-year-old girl had stumbled upon was not just a one-time thing. It was the most egregious hidden camera case in the history of Kenosha County.

"It was unbelievable the amount of video footage," said Laura Hoffman, Pleasant Prairie police detective.

Locker room cameras

Hoffman said Landt and Wenckebach had been secretly recording women and children undressing in locker rooms for at least three years. They did it both at a public recreation center (the RecPlex) and at a private fitness club used by their co-workers at Uline.

"The camera would be hidden," Hoffman explained. "It was usually in a make-up bag or a mesh bag, but you would still be able to view the locker room and she would just leave the locker room door open."

Karl Landt and Melissa Wenckebach

Karl Landt and Melissa Wenckebach

Police say there were hundreds -- possibly even thousands of victims. Many of them were children. But prosecutors could not charge them as child pornography, because they could not prove the videos were created for a sexual purpose.

"It bothered me that there wasn't more that could be done," Hoffman said.

And that meant Landt and Wenckebach could only be charged with recording nude images -- a crime that treats child victims the same as adults.

"I knew in my head something had to change," Christina Walker said.

Since then, she's been on a mission.

"You need to change this law to protect the youngest members of our society," Walker testified at a hearing earlier this year.

Mia Walker

Mia Walker

In fact, Walker testified before both the Wisconsin Senate and Assembly. And she brought along Mia, who bravely stepped up to the microphone as well.

"We should be protected by stronger laws and stronger punishments," Mia told lawmakers.

Her mom was beaming.

"I will say it was one of the proudest moments of my life," Walker said.

The Walkers gave voice to a bill that increases the punishment for secretly recording children in public restrooms.

As the family headed into the private bill signing, Christina Walker asks her husband whether there was any lipstick on her teeth. Seconds later, they were in front of Governor Walker.

"Mia, right?" asked Governor Walker.

"Yes," she replied.

Moments later, the Governor signed Act 320 into law.

Governor Walker signed Act 320 into law

Governor Walker signed Act 320 into law

"I'm gonna get emotional," Christina Walker said. "I'm so excited."

Governor Walker posed for a family photo, and then handed Mia a parting gift -- a brand new Wisconsin Blue Book, with a personal message from the governor.

"It was just crazy," Mia said. "Never seeing him. Never seeing his office. Never being that close. It was just amazing."

Mia and Christina Walker with Governor Scott Walker

Mia and Christina Walker with Governor Scott Walker

The last time FOX6 News met Mia, her mom insisted that we not show her face or use her name -- a mother's protective instinct. This time, Mia begged her parents to let her identity be known.

"Just getting over it and being proud of myself for actually doing this. I need to like, show my face. I think it`s time to do that," she said.

"I mean, we had a law changed!" her mom said.

It's a lesson in how one family turned an invasion of privacy into a public victory.

FOX6 investigators go undercover to show how easy it is to buy synthetic pot in Milwaukee

$
0
0

MILWAUKEE — Scooby Snax. Angry Birds.  K2. Spice. Green Giant. The Joker.  Whatever you call it -- it is a designer drug, most commonly marketed as synthetic marijuana. Even though it's supposed to be illegal, it's still pretty easy to buy in Milwaukee.

synthetic 5

"John" says after using synthetic marijuana for a few years he now warns others of the consequences.

"It turned into something very scary," said a local man, who says he was addicted to the drug for nearly four years and took it to avoid failing a drug test at work.

"It's something that I never want to experience again," he said. "I don't know what, possibly, it could have done to me, but the seizures alone could have killed me."

Another man told FOX6 News he, too, was addicted. He said he'd spend all of his money on the drug, often getting high in his car.

"I was driving around town running stop lights, running stop signs," he said. "There were numerous times where I would almost hit a car."

synthetic marijuana3

In Wisconsin, stories like these are not uncommon. Earlier this year, two teenage boys were hospitalized after smoking the drug on their way to school.

Coreyonne Teague's sons

Coreyonne Teague's sons

Their grandmother, Shirley Teague, said they were eating snow salt right off the sidewalk and hallucinating.

"They thought they were going to die,"  Teague said.

Teague said she wants stores that sell the drug to kids to be held accountable.

"It isn't getting any better. It's getting worse. People are actually dying," Teague said.

In Monona, Wisconsin, a man was found in his car in the middle of a highway, covered in blood. He had freaked out and destroyed his vehicle. He was so out of control police had to use a Taser on him before they could take him to the hospital. He was high on synthetic marijuana.

While Teague's grandsons survived, in Wisconsin, in March alone, eight people were poisoned by the drug according to the American Association of Poison Control Centers. That number is low, experts say, because it only represents the cases that get reported.

synthetic 25

Monona police subdue a man found in his car in the middle of a highway. The man was hallucinating after using synthetic marijuana.

Just last week in Monona, Wisconsin, a man was found in his car in the middle of a highway, covered in blood. He had freaked out and destroyed his vehicle. He was so out of control police had to use a Taser on him before they could take him to the hospital. He was high on synthetic marijuana.

Dr. Jillian Theobald, a toxicologist at the Wisconsin Poison Center at Children's Hospital said she is all too familiar with the drug.

"I have seen like horrible cases where a young kid wanted to have fun with their friends and then they end up dead. These things are very scary because you never know exactly what you are getting," Dr. Theobald said.

Five years after synthetic marijuana was outlawed in Wisconsin, it's still easy to get.

Synthetic marijuana

Synthetic marijuana

"As long as you have the money, they will sell it to you," said one of the men FOX6 News interviewed. "It was just easy to get, to walk into a store and say, 'hey, you know, this is what I want,' and as long as you have the money you can have it and walk out of the store like nothing."

The FOX6 investigators tested that theory -- visiting eight stores in Milwaukee. We were able to buy synthetic marijuana at three of them.

When we questioned one store clerk about whether it was legal to sell, he told us: "We don't sell it for human consumption. We sell it for potpourri and that is what it is intended for."

When we pressed him about the law, he went on to explain that if we wanted to smoke it, he couldn't sell it to us.

"We just sell it strictly for potpourri for your house. If you say you are ingesting the product, legally, we cannot sell it to you.  Like, if you were about to snort those energy drinks, you know? Can’t sell it to you, man. You are misusing the product," he said.

It's that kind of loophole, parents say, that should be closed.synthetic 19

The packages FOX6 News obtained actually read: "Legal in 50 States" and  "Not for human consumption." They look like candy wrappers.

Synthetic marijuana

Synthetic marijuana

"It's becoming kind of mainstream too. There's a lot of just everyday kids buying this stuff," said City of Madison Police Detective Thomas Helgren.

Helgren said parents prompted police in Madison to start cracking down on stores that are still selling synthetic marijuana.

"They called us and said, 'what are you doing about it?' And we basically stared at them and went 'nothing,'" he said. "We had to figure out what to do about this stuff."

Milwaukee police say they don't actively go after stores that sell the drug unless they find it during routine searches of gas stations or corner stores.  In Madison -- there's a different, more aggressive approach.

"They're always a step ahead of us," Helgren said. "Because once we change a law, to match what their chemical compound is, they've switched it so it no longer fits that statute."

That's why, in Milwaukee, stores rarely get caught selling the drug.

"If they get caught, all you have to do is change a chemical. Just one chemical is all it takes and they can resell it again," one smoker said.

That's because synthetic marijuana is not illegal, per se. Only specific chemicals are banned. And unlike real marijuana, cocaine, heroin or other drugs, kids can buy it off the shelves at local stores.

"I know they are selling to kids," one of the people we interviewed said.

"Just to make a dollar? Just to make a buck, you will kill some kids?"  Teague said.

The people we interviewed for this story said they don't want kids to think smoking synthetic marijuana is anything like smoking real marijuana.

"I want people to know that it is a dirty drug. It's just dangerous," one man said.

“Disappointed in you:” MU student shares recording of instructor who refused gay marriage discussion

$
0
0

MILWAUKEE — Embattled Marquette University professor John McAdams is hinting at plans for a lawsuit.  He's suspended without pay for blogging about a graduate teaching assistant who was secretly recorded by one of her students.

The FOX6 Investigators have obtained a copy of that recording and you can listen to excerpts of it below for the first time.

The student who made the recording gave the FOX6 Investigators exclusive permission to play portions of it for you.  In exchange, we've agreed not to tell you the student's name. We will refer to him as "Matt" for the purposes of this story.

McAdams

The controversy started with a classroom discussion of John Rawls' principle of "Equal Liberty."

And, while the instructor involved has been previously identified by several media outlets, including FOX6 News, we've also chosen not to use her name in this report.

It is the after-class exchange between Matt and the instructor that Professor McAdams parlayed into a national debate over free speech on campus.

The political firestorm started in the fall of 2014 in an ethics class.  The topic?  John Rawls' principle of equal liberty.  The instructor had asked students to come prepared with ideas.

"She basically said let's name social issues in today's political environment and then we can go ahead and apply this principle to these social issues," said Matt, then a Marquette sophomore.

McAdams 3

The instructor asked students for current issues that could be applied to Rawls' principle. When all of the ideas were written on the chalkboard, the student says she erased only one. Gay marriage.

One by one, the instructor recorded possible topics for debate, but when all of the students were finished, she wiped one of them off the list -- gay marriage.

"She said, 'oh, well we all agree to this one,' and erased it," Matt said. "That was the only one she erased, and I did take issue with that."

Matt is a conservative Christian, College Republican. The instructor, a self-described "vegan feminist."

"I just wanted to simply ask her, you know, why did you let your personal views get in the way of that?" Matt said.

He waited until after class to approach the instructor -- a conversation he secretly recorded with his cell phone.

Mc Adams 6

After class, the student approached the instructor to ask her why she did not allow opposition to gay marriage to be discussed. He secretly recorded the conversation.

Listen here:

"I have to say I'm very disappointed in you," Matt said.

"Okay? For what reason?" the instructor replied.

"When we were talking today and you were kind -- when we were talking about gay marriage -- you said, 'Well, obviously this one's [inaudible].' I'm going to be completely honest with you, I don't agree with gay marriage."

The instructor then engages in a brief debate with Matt about the merits of gay adoption, before Matt interjects.

Listen here:

Matt: "Regardless of why I'm against gay marriage, it's still wrong for the teacher of a class to completely discredit one person's opinion when they may have different opinions."

Instructor: "Okay, there are some opinions that are not appropriate -- that are harmful, such as racist opinions, sexist opinions. And quite honestly, do you know if anyone in your, in the class is homosexual?"

Matt: "No, I don't."

Instructor: "And do you not think that that would be offensive to them if you were to raise your hand and challenge this?"

Later in the conversation:

Matt: "So, because they're homosexual, I can't have my opinions. And it's not being offensive towards them, because, I am just having my opinions on a very broad subject."

Instructor: "You can have whatever opinions you want, but I will tell you right now in this class, homophobic comments, racists comments, sexist comments, will not be tolerated. If you don't like it, you're more than free to drop this class."

When the instructor finally noticed Matt was recording the conversation, she ended it. He then left the room, vowing to play the recording for her superiors.

McAdams 2

'Matt' provided a copy of the recording to his academic advisor, Professor John McAdams, who also authors a conservative blog, "Marquette Warrior."

FOX6 Investigator Bryan Polcyn: "Did you know at that time what your intention was? What you were going to do with it?"

"No, I didn't. I kind of wanted to say just, 'wow, I finally got her,'" Matt said.

He complained to an administrator of Arts & Sciences, who referred him to the chair of the philosophy department, Dr. Nancy Snow. Matt says he was unaware at the time that Snow is a lesbian.

"I realized that I'd confronted an openly gay lesbian about a gay rights issue, which I felt very stupid about," Matt said.

Mc Adams 7

After a tense initial meeting with the student, Philosophy Department Chair Dr. Nancy Snow referred to him as an "insolent little twerp" in a voicemail to a colleague.

Snow later referred to him in a colleague's voicemail as an "insolent little twerp," a comment she did not dispute when contacted by the FOX6 Investigators. In fact, she declined to comment at all. Snow is now at the University of Oklahoma.

Matt eventually sought out political science professor John McAdams.

"I don't know if he should feel stupid, because gay or straight, she should have acted in a professional way," McAdams said.

McAdams is a well-known conservative blogger at Marquette.

"I have been a critic of Marquette for a long time, and frankly, have embarrassed them," McAdams said.

He was also Matt's academic advisor.

"I told him everything that happened," Matt said.

Matt gave McAdams a copy of the recording and McAdams asked if he could blog about it.

"And I said OK -- as long as you keep my name out of it," Matt said.

McAdams11

McAdams' blog post about the gay marriage incident in class quickly became the subject of national headlines.

On November 9th, 2014, the blog post went public and quickly went viral.

The story of a Jesuit school accused of silencing opposition to gay marriage made national headlines.

FOX6 Investigator Bryan Polcyn: "Why did this become such a big deal?"

"Because I think there are a lot of people on different college campuses that feel the exact same way -- that free speech is being stifled," Matt said.

"The whole issue of political correctness on college campuses is a big, big issue," McAdams said.

But all that attention had a troubling side effect. Because McAdams identified the instructor in his blog, the 28-year-old graduate student was inundated with hate-filled emails and messages on social media. McAdams said he did nothing to encourage the nasty messages. But Marquette administrators say he didn't do anything to quell them either.

"Publicly shaming someone and really attacking them in a blog in a public forum, that's not how we do business here at Marquette," said Marquette Provost Daniel Myers.

McAdams13

Marquette Provost, Daniel Myers, accuses McAdams of "publicly shaming" the graduate student instructor by naming her in his blog.

Myers came to Marquette from Notre Dame last summer, long after the controversy began, but he's one of several administrators and faculty members who say what McAdams did was wrong.

"When you use your power as a tenured professor to orchestrate an online campaign to harass and intimidate a specific student, then you are jeopardizing the entire mission of the University," said Marquette Professor Erik Ugland.

McAdams says he was simply doing what he'd done many times before.

"I followed standard journalistic practice, which is to name someone guilty of misconduct," McAdams said.

"He's not just a journalist in this context," said Ugland, who also happens to teach media law at Marquette. "He can't completely divorce himself of his standing as a tenured professor and dismiss his power relationship relative to the graduate student."

McAdams says his contract guarantees him academic freedom to blog about anything he perceives as misconduct.

FOX6 Investigator Bryan Polcyn: "Do you think they view it differently because what you view as misconduct, they view as defensible?"

"They haven't said that," McAdams said.

Marquette administrators are not eager to talk about the allegations that a graduate instructor stifled political speech in the classroom.

"Do you think that's misconduct?"Polcyn asked.

"I don't know enough about the situation to say exactly, and I'm not here to judge this interaction between the two students," Myers said.

McAdams 15

Erik Ugland, a media law professor at Marquette, says McAdams is both a journalist and a professor, making his "campaign to harass and intimidate" the graduate student instructor inappropriate.

Ugland was more direct.

"Absolutely no misconduct. I think people need to appreciate how difficult this position is. You know, to try to be as open as possible with different points of view, but also not to, you know, offend people so much that they shut down or feel like it's an environment that's just sort of hostile," Ugland said.

"I would not be under fire at all were there not many people at Marquette, particularly faculty and administrators, who agree with [the graduate instructor] that opposition to gay marriage should be shut down," McAdams said.

On  campus, McAdams has ardent supporters, but he remains a lightning rod for critics. As the FOX6 Investigators chatted with him outside the Raynor Library on a recent Tuesday afternoon, a student walked past him and made an obscene gesture behind his back. Still, he insists he will return one day to teach at Marquette.

FOX6 Investigator Bryan Polcyn: "Will the university continue the process to fire him?"

"Well, as things stand right now, he's suspended -- and that's where we are," Myers said.

McAdams has spent the past year at home, catching up on his reading. The university won't let him return until he takes responsibility for his actions.

McAdams 19

McAdams hinted that he plans to sue Marquette in a recent appearance on the FOX News Channel.

"And I'm simply not going to apologize for something when I don't believe I did anything wrong," McAdams said.

In a recent appearance on FOX News, McAdams hinted strongly at his next step.

"Let's just say it will not be good for Marquette,"  he said on FOX and Friends.

"I won't accept any resolution that doesn't vindicate academic freedom, which would mean at a minimum, no punishment for me. How much in damages or a judgment might be involved, that's always up for negotiation," McAdams said.

Marquette insists it is not trying to rid itself of a longtime critic, but rather to get his assurance.

"That he understands why this behavior was problematic and that he's not going to engage in it again," Myers said.

One thing seems certain.

"Dr. McAdams loves a good fight," Matt said.

"That's true," McAdams admits with a chuckle. "With words."

McAdams was initially suspended by Marquette with pay in January of 2015. In March, Marquette suspended him without pay for the rest of 2016. MU President Michael Lovell added the condition that McAdams write a letter to the school, accepting responsibility for his actions, a demand McAdams quickly rejected.

McAdams tells FOX6 he will not accept any resolution that involves any level of punishment for him, because that, he says, would be an affront to "academic freedom." In hindsight, he says if he could go back, he would not name the instructor in his blog, but he maintains he had every right to do so.

Viewing all 123 articles
Browse latest View live


<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>