Wake Up America

Randy Koschnick for Supreme court

Randy Koschnick is a Circuit Court Judge in the Jefferson County Circuit Court. Koschnick is a candidate for election in 2009 in the Wisconsin Supreme Court^[1]. While the Supreme Court election is officially non-partisan, Koschnick is identified with the Republican Party.

Koschnick was first elected as a Circuit Court Judge in Jefferson County in 1999 in which he won the seat over Watertown attorney Tom Levi and has served in the Jefferson County Circuit Court to this date. Koschnick ran for a open judgeship as the Wisconsin State Legislature authorized an additional judgeship for Jefferson County which is located halfway between Milwaukee and Madison on Interstate 94^[1].

State Supreme Court Bid

On November 17, 2008, Koschnick announced his bid to take on Chief Justice Shirley Abrahamson for a ten-year term in the Wisconsin Supreme Court. Koshnick calls himself a judicial conservative and said he considers his opponent, Shirley Abrahamson a judicial activist.

“I vow to preserve and protect the independence and integrity of the court,” said Koshnick. “I will work diligently to uphold respect for the law and to faithfully protect those individual rights that we value so highly in this wonderful blessed country.”^[1]

Koshnick also called on Chief Justice Abrahamson to sign a clean campaign pledge after his campaign announcement which includes measures to abstain from and renounce personal attacks against each other. This comes from the 2008 race between Michael Gableman and Louis Butler in which the race was filled with personal attacks and advertising from third party special interest groups on both sides of the aisle^[1]. Currently, one campaign advertisement from the 2008 election is under review by the Wisconsin Judicial Commission.

Endorsements

• Waukesha County Circuit Court Judge David Resheske
• Washington County Circuit Court Judge Patrick Faragher
• Waukesha County Circuit Court Judge Donald Hassin
• Waukesha County Circuit Court Judge Patrick Haughney
• Waukesha County Circuit Court Judge Linda Van De Water^[2

On The Issues

Public Financing

Koschnick has said that he supports public financing of judicial campaigns in Wisconsin as a way to curb spending of television and other advertisements by third party special interest groups^[3].

Judicial Activisim

Koschnick has said it’s vitally important to the health, welfare and stability of the State of Wisconsin that each branch of government operates within the original Constitutional structure of checks and balances.

“My only promise is to do my best to apply the law as it is written in a fair and impartial manner,” Judge Koschnick said. “I will listen with an open mind to the arguments of the parties in individual cases, and then listen to and consider the opinions of my fellow Supreme Court Justices.” ^[2].

Inadmissable Evidence/Appealette Cases

Wisconsin v. Knapp

This was a case that brought a lot of attention during the 2008 Supreme Court Election in a murder case dating back to 1987 that played a pivotal role in the defeat of sitting incumbent Supreme Court Justice Louis Butler and paved the way for Michael Gableman to be elected. The case was re-heard in 2006 with Judge Koschnick presiding.

Knapp was charged in connection with the 1987 killing of Resa Scobie Brunner after the two had been seen socializing one evening in downtown Watertown^[4]. Knapp was arrested in 1999 after he was released from serving a sentence in the Racine State Pentitentiary after serving 22 months for driving a vehicle while intoxicated and for failing to report to jail after sentencing^[5].

Wisconsin State Crime Lab Analysis in 1988 and subsequent DNA testing of blood on a blue sweatshirt in the clothing pile indicated it was Brunner’s, the decision stated.

In recent years, the Knapp case had risen as high as the U.S. Supreme Court which ordered the Wisconsin Supreme Court to reconsider its initial ruling that a sweatshirt found in Knapp’s possession, containing the blood of Scobie Brunner, could not be used as admissable evidence. The court had ruled the shirt was improperly obtained by the Watertown Police Department^[4].

The appeals from Knapp’s attorneys stemmed from the actions of then-detective Timothy Roets of the Watertown Police Department, who came to arrest Knapp on December 13, 1987 after he learned Knapp had been drinking with Brunner the night before. Ervin J. Brunner her husband found her lying on the bedroom floor on December 12, 1987 beaten to death with a baseball bat^[4].
Although Knapp said he didn’t want to talk to police or give them a statement on advice of his attorney, Roets, the former detective questioned Knapp who said he had been with Brunner the night before. Knapp’s attorneys argued to the appeals and eventually the Wisconsin and Federal supreme courts that at no time prior to taking the clothing or questioning Knapp did Detective Roets give him his Miranda Rights as the US Supreme Court in 2004 stated. The Federal Supreme Court decision in 2004 also stated that failure to exclude the sweatshirt Detective Roets obtained would encourage police to go around Miranda protections when there is an opportunity to grab evidence^[4].
After reconsidering the manner in which the shirt was obtained, the Wisconsin State Supreme Court in 2005 came to the same conclusion that the garment must be excluded from the trial. Prosecutors have said they have other evidence from Knapp that will be useful toward convincing jurors Knapp committed the murder. In this case, both former Supreme Court Justice Louis Butler and current Chief Justice Shirley Abrahamson who is facing re-election in 2009 sided that the bloody sweatshirt could not be used as admissable evidence^[6].

In May of 2006, Knapp was re-tried again off the Supreme Court’s ruling. In a trial that had an very extensive and intense voir dire (Jury Selection), the jury was sequestered on Koschnick’s orders despite the jury all came from Jefferson County and was required to hear the case six days a week, including Saturdays, for what could be a two week trial^[4].

During the trial, Jefferson County District attorneys used advances in DNA technology that were crucial to the case as was Knapp’s own belief during the case that he had gotten away with the crime. As time passed, he told acquaintances that he killed Scobie Brunner, according to testimony and Jefferson County District Atttorney David Wambach during the trial. During testimony a witness said Knapp threatened a girlfriend, Sandra Huebner, telling her she would face the same fate as Scobie Brunner^[5].

Among the critical evidence during the trial were two pairs of Knapp’s shoes. Knapp’s Nike athletic shoes had blood spatters on them, with the spray consistent as coming from someone who had been beaten, Wambach said.

Another pair of athletic shoes also had blood on them and DNA tests from the Wisconsin State Crime Lab confirmed that the blood on both sets of shoes was Scobie Brunner’s. The statements and the science were enough evidence for the jury to reach a guilty verdict as this case was re-introduced as in 1998 as a cold crimes unit that started in Jefferson County^[5]. A Jefferson County Circuit Court jury deliberated for four hours after hearing three days of testimony returned a guilty verdict all counts^[5]. Knapp was sentenced by Koschnick in May of 2006 to life in prison, plus fifteen years, but was elegible for parole after serving thirty years^[7].

Notes

3 Comments to Randy Koschnick for Supreme court

NickyCheese
November 19, 2008

Judgepedia.org… so good!

NickyCheese’s last blog post..Despite owner’s desire otherwise, the “constitutional right” of violently drunk Bachelor-winner to stay at bar

Madison
November 19, 2008

The people have spoken!!!

Bill Richardson
January 7, 2009

Would you consider publishing upcomiong Events that Judge Randy Koschnick will be having or attending? Many people don’t know the judge or his judicial philosophy and would like to hear him speak- and are potential volunteers.
Also I heard the Judge interviewed on WIBA Mitch Henck’s show “Outside the box” with guest host Jed Sanborn in the last week of Dec. Excellent interview- would be good to have the podcast available on your web site.
My personal take: If Sen McCain was “too old” to serve a four year term as Pres. isn’t 75 year old Justice Abramhamson too old to serve a ten year Supreme Court term?

Thanks and the best of luck.

Leave a comment