May 22, 2012

Ruling due in prayer death appeal

A state appeals court will rule Tuesday, on whether the Weston prayer death parents should have their reckless homicide convictions overturned. Dale and Leilani Neumann are appealing a judge’s decision last year denying them a new trial. The judge ruled the couple’s trial attorneys were not ineffective and that jurors properly considered a faith healing defense in their deliberations.

Jurors separately convicted the Neumann’s of second-degree reckless homicide for failing to take their 11-year-old daughter to a doctor as she died from a treatable case of diabetes in March 2008. The couple chose to pray over the girl instead. The Neumann’s were sentenced to 10 years probation, including a month in jail each year for the first six years of probation. But the sentence has been stayed pending the appeal.

Matt Lehman, WSAU

DOJ improves protections for consumers

The Wisconsin Department of Justice creates of a new Consumer Protection and Antitrust Unit within the Division of Legal Services at the agency. Simply stated, Attorney General J.B. Van Hollen explains “the creation of this unit ought to send a message to those who try to profit from illegal, unfair or deceptive practices.”

Van Hollen says, “It’s gonna allow us to focus a little more, help protect a few more consumers, and hopefully bring more money back to Wisconsin consumers, all at the same time doing it more efficiently within the Department of Justice.”

Van Hollen says the new unit “enhances the role” the DOJ already plays, while continuing to handle mortgage-related complaints and other consumer protection and antitrust matters.

Many of the cases prosecuted are referred to DOJ by other state agencies such as Consumer Protection, or Financial Institutions. “When people call into (those departments) with their complaints,” Van Hollen says, “such as telemarketing calls, such as people fraudulently using the Internet to prey on people … if they cannot settle those cases on their own and they require litigation, those cases get turned over to the DOJ.”

Van Hollen says the DOJ then files suit to make the criminals pay a penalty, and to collect restitution for the consumers who have been wronged. The DOJ already has prosecutors in place, but considering the extra work, Van Hollen says they’ll use some of the $140 million set aside from the mortgage settlement to hire an additional prosecutor and/or investigator if needed for a specific case

Assistant Attorney General John Greene has been appointed director of the new unit. In a statement, the DOJ says Greene is an experienced consumer protection attorney. Consumers can contact the DOJ’s Office of Consumer Protection hotline at (800) 998-0700 or (608) 266-1852.Or Email the office.

AUDIO: Jackie Johnson report 1:45

Scammers target grandparents

Grandparents beware – scammers are targeting you. Sandy Chalmers with Consumer Protection says the scammers know how to prey on emotions. “These money wiring scams usually involve dramatic, or very convincing stories. The criminals who are behind these scams make a limit lying to people, successfully.”

AUDIO: Bob Hague reports (:55) 

Chalmers says her agency learned of five wire transfer scams in the month of April. Those scams resulted in the targeted individuals losing between $2500 to $16,00. “The stories typically involve a grandchild in trouble, or a lottery win, or a job with a high-paying salary. But the key is, once you hear that request to wire money, that’s when you should hang up, take a step back, and really think things through.”

Competing ideas on bill protecting women

Wisconsin split its senatorial vote in reauthorizing the federal Violence Against Women Act.  Democrat Herb Kohl voted yes and Republican Ron Johnson voted no.

The 1994 law normally gets routine bi-partisan renewals but it has become a political hot topic this year. Republicans initially balked when majority Senate Democrats added provisions to protect lesbian, gay, bisexual, and trans-gender abuse victims. Republicans rejected those provisions and added more penalties for abusers. With the GOP facing criticisms of waging a “war on women,” 15 Republicans joined Democrats in passing the act.

Johnson held his ground, accusing Democrats of politicizing the measure and voting down important provisions: “They voted against legislation to establish an interstate database for DNA evidence, to ensure sex offenders are brought to justice regardless or the jurisdiction in which they commit their crimes.”

Kohl said his colleagues approved new protections he suggested for elderly victims.

Just prior to Senate passage Thursday, Milwaukee Congresswoman Gwen Moore talked of her backing of the House Democrats’ plan.

AUDIO: Moore on VAWA (:50)

The Senate package now goes to the House.

Appeals court keeps hold on Voter ID law

A state appeals court has denied a second request to lift an injunction blocking Wisconsin’s Voter ID law. The Fourth District Court of Appeals on Thursday said it will not lift a permanent injunction stopping Wisconsin’s Voter ID law from being enforced. The court also noted that there’s no realistic possibility that a decision on the appeal will be made before the June 5th recall election.

A Dane County Judge issued the permanent injunction in a lawsuit brought by the League of Women Voters. The League argues the law is unconstitutional because it creates a new class of people who are not allowed to vote — those who lack a state-issued photo ID.

The decision comes just a day after the Second District Court of Appeals declined to lift a temporary injunction in a separate lawsuit. That case is currently awaiting a final decision at the circuit court level.