BishopAccountability.org
	Response to Greater Wisconsin Committee Ad Attacking Justice David Prosser Madison.com March 26, 2011 http://host.madison.com/article_ef7d0a7c-57b4-11e0-988e-001cc4c03286.html "Today outside interests stooped to a new low in an effort to capture a seat on the Supreme Court. They are running an ad featuring a 32-year-old case that then-Outagamie County District Attorney David Prosser reviewed. The as is distasteful, factually flawed and clearly an act of a group desperate to change the composition of the court." "Justice Prosser has earned the trust of over 70 members of the law enforcement community and 100 judges, whom believe he should continue his impressive work on the court. They know he has been a hard working law and order judge." Brad Schimel, District Attorney Waukesha County Fact: Thirty-three years ago an Outagamie mother came to then DA-Prosser and the sheriff with a complaint alleging her two young children were sexually abused by a priest (Fr. John Patrick Feeney)—namely being inappropriately touched by a priest—while at the home of the victims. Previously, the mother had approached the area-Diocese, which failed to act. Fact: The sheriff's department did conduct an investigation including several interviews, the matter was also brought to a second district attorney in 1979. Fact: After an investigation Prosser made the decision not to prosecute. Prosser while sympathetic to the victims, believed the evidence wasn't strong enough to convict the accused as it would lead to competing individual testimony between an adult priest and two boys, and that a jury trial would be emotionally challenging for the young victims. Lack of a corroborating eye witness, and what was then believed to be a one-time incident were key contributors to such a decision. Fact: In 2002—twenty four years later—when both of the victims were now adults, then-District Attorney of Outagamie County, Vince Biskupic, reopened the case. He went to trial in 2004 with key pieces of evidence that had not been revealed to the sheriff's investigators and/or Prosser during the initial investigation, including: • One of the two boys had been inappropriately touched by the accused priest during a confession—again, this evidence was not previously shared by the victim in 1978/79. • A string of past-victims from the 1960s and early 1970s came forth to testify. These new victims had not come forward to law enforcement in 1978/79. • The two brothers, now adults in 2002, had received counseling and where both nearly 40 and better-prepared to testify. • The new prosecutor was able to obtain access to church records newly developed in 80's demonstrating a string of abuse and out-state counseling efforts to address sexually deviant thoughts of the accused priest. Fact: Knowledge of 30 years of abuse by the priest was unknown until 2002. While the priest was eventually charged, his reprehensible acts spanning thirty years were never reported to law enforcement prior to the 1978 allegation. Fact: Law enforcement, and the public in general, had become much more-aware about issues of clergy abuse. Greater resources were also available for preparing victims for trial. Fact: Prior to the mid-80's, District Attorneys lacked adequate victim advocacy tools, critical for the prosecution of child sexual offenders. For example, in 1985 chapter 908.08 of the state statutes was adopted allowing a child's videotaped testimony to be used at a trial, often-eliminating the oft-emotionally challenging need to put a child on the witness stand. Notably, then Rep. Prosser voted in favor of chapter 908.08, and was a sponsor of the legislation. False Statements Contained in the Greater Wisconsin Committee Ad: Allegation: The ad states, "Prosser doesn't ask the police to investigate.' Truth: Both Prosser and law enforcement authorities investigated the complaint. Allegation: Prosser met with the Bishop, "To avoid scandal, they [the bishop and Prosser] have him sent to another community." Truth: Prosser demanded the priest no longer be allowed to serve the parish, and that he get treatment. He had no knowledge that the priest was assigned to another parish. Allegation: "A priest abuses children for 30 years across Wisconsin." Truth: Prosser and law enforcement did not learn of the 30 years of abuse by the priest until 2002l 2002.
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