Sexual Assault Victims in Wisconsin Often Wait Months to See Charges Filed, Review Shows

By Keegan Kyle
USA TODAY
January 25, 2019

https://www.postcrescent.com/story/news/investigations/2019/01/25/sexual-assault-cases-wisconsin-often-sit-idle-prosecutor-desks/2389873002/

The woman was standing in her Wood County home, physically and emotionally frazzled, when she called 911 in March 2017.

She remembers her heart pounding. She was about to tell police that her neighbor had groped her and tried to pull her into his bedroom.

It took three months of investigation before detectives asked prosecutors to file charges. They believed the man was guilty of fourth-degree sexual assault.

Seven months later, more than 300 days after she called 911, the woman opened the mail to find a letter from prosecutors saying no charges would be filed. The decision itself was painful, but the way she learned about it only added to the sense of isolation she felt from the district attorney's office, she said.

"You can't call me up and tell me that?" she said. "Nobody can call me up and tell me we're finally reviewing your case? You're just sitting there in the dark."

The woman, now 37, asked that her name and other identifying information not be used to protect her privacy.

Her experience is common. In counties all over Wisconsin, people who report being sexually assaulted often wait months while prosecutors consider filing charges, the news network found.

District attorneys should make those decisions within three weeks after police refer cases to them, according to state guidelines that prosecutors themselves helped to create.

Yet in Outagamie County two years ago, sexual assault cases sat idle on the desks of prosecutors for about 57 days on average. In Chippewa County four years ago, the average case waited about 81 days before prosecutors took action.

Prosecutors took longer than state guidelines in at least 25 counties last year, according to a USA TODAY NETWORK-Wisconsin investigation. In 2017, at least 44 counties took longer than three weeks on average.

To review prosecutors' response times, the news network analyzed data collected by the state for felony-level cases, such as first-degree sexual assault of a child or second-degree sexual assault of an adult. Offenders of these crimes can land behind bars for decades.

State lawmakers use similar numbers every two years to help determine whether district attorneys need funding for more positions. District attorneys are state employees either elected by county voters or appointed by the governor following a vacancy.

In response to the network's findings, several district attorneys said the breadth of delays underscore inadequate staffing levels while others said the pattern raised concerns about outdated training or prosecutors' priorities.

Jefferson County District Attorney Susan Happ said her office would begin reviewing the data more frequently to ensure cases are being managed efficiently and charging decisions are being made "before they become dated."

A statewide advocacy group for survivors of sexual assault didn't know the response time data existed until contacted by a reporter and was stunned to learn how often victims are waiting months.

"This is a good thing to shine a light on," said Ian Henderson, a spokesman for the Wisconsin Coalition Against Sexual Assault. "That timeline, the longer that goes, one could imagine that being very difficult for survivors."

Waiting more than a year

In 2013, Sawyer County District Attorney Bruce Poquette reported a 430-day average for taking action on sexual assault cases, marking the longest delay reported by a county in the past six years.

Poquette said in a phone interview that the number wasn't an error. It likely reflected a single case where police had evidence problems or a victim wanted to hold off on pressing charges.

"Of course I'd like to go quicker, but I'm not going to file if I can't prove it," he said.

Poquette's office recently made headlines for charging a former Catholic priest with sexually assaulting several young boys in the 1980s. One victim has said charges were referred to Poquette at least two years ago and he grew frustrated as the case appeared to linger for unknown reasons. All the while, the former priest remained free.

"It's like everything has been in slow motion," the victim, who requested anonymity, told USA TODAY NETWORK-Wisconsin prior to charges being filed. "I'm depressed, I'm anxious. Trying to have a life, do my job ... it's just tough."

Poquette declined to discuss the priest case while it remains pending. He acknowledged the case involved delays, though.

"Thankfully the victims are still around and willing to participate," he said.

Prosecutors' charges landed 14 days after USA TODAY NETWORK-Wisconsin tried forcing Poquette to release records about the case. Court records now show detectives obtained a partial confession from the former priest, Thomas Ericksen, in 2016.

Like other district attorneys, Poquette said his office is understaffed.

"Obviously we're trying to handle these cases first, but that doesn't mean there isn't a delay for victims," he said. "Frankly, I barely have time to call and tell you this."

Prosecutor shortage?

Sheboygan County District Attorney Joel Urmanski echoed Poquette's staffing concerns in response to USA TODAY NETWORK-Wisconsin's findings.

Sheboygan County's responsiveness to sexual assault cases fell short of state benchmarks in three of the past six years. After Urmanski persuaded county leaders in 2017 to pay for an additional prosecutor, his office posted its fastest average response time on cases last year — about 13 days.

"I have some prosecutors who regularly have over 200 or 300 open criminal cases at one time," Urmanski said. "This burden does not help prosecutors handle their obligations."

Prosecutors across Wisconsin have long aired concerns about staffing levels, as have the state's public defenders. Last year, amid growing felony caseloads, state lawmakers proposed $4 million to fund 53 more prosecutors but the measure failed.

Still, Winnebago County District Attorney Christian Gossett cautioned against assuming more prosecutors would produce quicker response times for sexual assault cases. Delays could also stem from staffing priorities, he said.

"There's a question, and I think it's a fair question, about staffing versus prioritization," Gossett said. "There's a constant conversation about staffing. It's not the only potential solution. Another solution is rethinking how we do criminal justice."

District attorneys and criminal defense lawyers said delays in sexual assault cases could also mean that prosecutors are completing thorough legal work before deciding on charges. But they also warned that too much time can risk lost evidence and witness problems in court.

"It can be harder for both sides to investigate," said Jessa Nicholson Goetz, a Madison-based lawyer who almost exclusively represents sexual assault defendants. "There's always going to be better information if you can do it quickly. Memories are going to be fresher and people will be in the same place."

Could've been longer

Records obtained by the Wood County woman and shared with USA TODAY NETWORK-Wisconsin provide no explanation for why it took prosecutors seven months to decide how to handle the case. By the time a detective asked for charges in July 2017, routine steps had been taken.

The documents do make it clearer why Wood County prosecutors ultimately decided against filing charges. In a February 2018 letter, the office cited a lack of DNA evidence, inconsistencies in the woman's statements and the suspect's denial to investigators.

"There is probable cause to believe that the victim was sexually assaulted but there is no way to prove this beyond a reasonable doubt at trial," wrote a prosecutor working under District Attorney Craig Lambert, who did not respond to requests for comment.

The woman disputed making inconsistent statements to investigators, but she did report additional information as it came back to her memory.

Wood County District Attorney Craig Lambert speaks after a ceremony swearing him into office on Jan. 7,2012.

(Photo: CASEY LAKE/DAILY TRIBUNE MEDIA)

The woman said she has moved on from the case, and with the pain of it further in the past, she figures prosecutors were doing the best they could.

"I'm not complaining that it took as long as it did," she said after being told about the state's three-week benchmark and delays in other counties. "It could've been a hell of a lot longer."

Henderson, of the Wisconsin Coalition Against Sexual Assault, said he struggled to imagine when it could be appropriate for cases to linger for months or more than a year, as shown in state data.

"I think it would be useful for counties to have a conversation about this and to hear from prosecutors about it as a snapshot of the criminal justice process," he said. "Obviously when you're falling beyond a year, my reaction to that is, what is going on?"

Quicker response in some counties

Had the woman in Wood County reported being sexually assaulted in another county, the response by local prosecutors might have been much faster.

Data reported by district attorneys over the past six years paints a criminal justice system that often leaves survivors waiting weeks in one county but only days in another.

For example, if you drive south on Interstate 43 from Manitowoc to Milwaukee, you would pass through four counties that logged faster and faster response times to sexual assault cases last year.

Manitowoc County's prosecutors took an average of 27 days. Sheboygan County took about 13 days. Ozaukee County took 10 days. And Milwaukee County took an average of about five days, one of the fastest response times in the state.

Asked about their average response times, some district attorneys raised concerns that the data didn't represent their work before taking formal actions. While state data show cases in Bayfield County typically wait over 50 days, District Attorney Kimberly Lawton said she gets involved within hours or days to help prepare cases for charges.

"I am proud of the work we are doing," she said. "There is always room for improvement and something we can work on is (an) even better protocol when it comes to changing the (case) status."