The Oshkosh Northwestern from Oshkosh, Wisconsin • Page 15

Wednesday, June 30, 2004 www.thenorthwestern.com Oshkosh Northwestern mmmm NEVUSIN I I 1 1 II mm Associated Press Attorney says Boyles failed to argue Paulus viola ted rule the ethics rule because Paulus was merely kept informed of the investigation's progress. Since Maloney's case was resolved, questions have been raised about how Paulus, the former district attorney in Winnebago County for 14 years, ran his office. State Department of Justice investigators are reviewing various cases that Paulus prosecuted. Prosecutors said Maloney strangled Sandy Maloney and then set fire to her home to cover, the crime Feb. 10, 1998.

The appeals court upheld those convictions and the life prison sentence in September 2000. The Boyles withdrew as Maloney's lawyers after he lost that appeal. with Brown County Circuit Judge Peter Naze that Mal-oney's attorneys provided him with effective counsel before he was convicted of first-degree intentional homicide. Maloney's trial attorneys were Gerald and Bridget Boyle of Milwaukee. Maloney's new attorney, Lew Wasserman, had ar CAPABILITIES Area fireworks Area fireworks displays: Berlin has postponed its show because of flooding and plans are to reschedule it later in the summer.

Fisk July 3 at Green Lake July 4 at dusk. Markesan July 3 at dusk. Menasha July 2 at dusk. Montello July 4 at dusk Neenah July 4 at dusk Omro July 4 at dusk Oshkosh 9:45 p.m. July 3 at Menominee Park.

Princeton July 3 at dusk. Ripon July 4 at WautomaJuly3at dusk. Winneconne July 4 at dusk. TO CRIMINAL JUSTICE SYSTEM 1 i 'h'PAr CRAIG SCHNREINERFOR THE NORTHWESTERN FORENSIC SCIENTIST SHERRY CULHANE, left, talks with Marinette County Sheriff Mike Kessler regarding a missing person case he is trying to solve. He suspects foul play in the case and came to an open house at the lab with questions about DNA analysis.

Culhane says the technology depicted on television shows is exaggerated from what happens in real life. In seeking a new trial, Wasserman claimed the Boyles failed to argue that special prosecutor Joe Paulus violated a Supreme Court ethics rule when he directed Maloney's then-girlfriend, Tracy Hellen-brand, to participate in obtaining taped conversations. The appeals court said there was no violation of LJ. Madison's crime lab remained in the same facility for 40 years prior to the recent move. While the lab didn't grow, it's workload exploded.

Last year, Wisconsin's crime labs registered 4,600 new cases and analysts were able to complete work on 4,800 cases. Still, the labs maintain a backlog of 2,700 cases, Lautenschlager said. Winnebago County offers a textbook example of just how much investigators have grown to depend on the lab. Winnebago County's first case using DNA analy-CRIME LAB, PAGE C2 its. I -pspeps.

i pro Officials hope new crime lab will speed analysis WAUSAU A former Green Bay police detective failed Tuesday to convince a state appeals court that he deserves a new trial in the 1998 death of his estranged wife. John Maloney had argued his attorneys did not effectively represent him in his 1999 murder trial. But the 3rd District Court of Appeals agreed Fraud lessons taught Seminar sheds light on scams BY JIM COLLAR of The Northwestern Fran and Ken Stein-hilber have one big advantage as frauds and scams continue to damage the finances and good names of those throughout our area. They have some healthy skepticism and they're eager to learn just what the criminals are trying to do. On Tuesday, they attended a seminar at the Oshkosh Seniors Center that tried to shed some light on scams and how to avoid them.

"You need to keep up on what's happening," Stein-hilber said. Law enforcement and se curity officials wish more had that attitude. Dozens of local seniors gathered at the center for a presentation on scams and frauds from Bill Marek, director" of corporate security for Bank. Marek said people of all ages and all backgrounds are victims of fraud, though in many instances, senior citizens are the targets. The most prevalent scam and the fastest growing crime in America is identity theft, Marek said.

Through identity thefts, criminals attain names, social security numbers, bank numbers to open accounts, empty accounts or apply for credit cards. Marek stressed that everyone should shred anything containing personal information before taking it to the trash. People should not carry their social security card in case their wallet or purse is lost or stolen. "We should be leery of anything that's not initiated by ourselves," Marek said. Jim Collar: (920) 426-6676 or jcollarthenorthwestern.com.

Protecting finances Bill Marek, director of corporate security for Bank, narrowed his message to one acronym for those who want to protect their finances and credit. People need to remember S.I.D., which stands for their rights to be suspicious, inquisitive and demanding when people seek their personal information. Sawdust BY DOUG ZELLMER of The Northwestern Daredevils may have met their match. Sawdust Days opens this afternoon at Menominee Park in Oshkosh and the event has a first-time thrill ride, which is a rush of a lifetime, said Jay Riggs, owner of The Ultimate Drop, a 165-foot-tall ride. "The fall is about three seconds and it's the longest three seconds of your life," said Riggs, of Fort Worth, Texas.

gued the father-daughter team failed to properly challenge the admissibility of some key police video tape evidence PAULUS that included conversations Maloney had with a then-girlfriend. ADD CERTAINTY State officials are aware of the problems, and are confident they've taken the first step to correct them. Wisconsin this month 'opened a new $12 million state crime lab in Madison that includes new technology and more than twice the space of the previous lab. Officials said the additional workspace and new technology will create efficiencies that should allow lab analysts to complete work on more cases each year. The Wisconsin Department of Justice operates crime labs in Madison, Milwaukee and Wausau.

The Madison lab is responsible for forensic testing in 64 Wisconsin counties. Analysis completed at the new lab includes DNA, fingerprinting, drug and chemical identification, 'ballistics and handwriting analysis. While the laboratory received an upgrade, staffing at the lab has not. The laboratory has room for 36 analysts. Despite the additional space, the justice department maintained its staff of 30 analysts and 18 support positions after its move.

Attorney General Peg "Lautenschlager last year used the case of Steven Avery to push for more crime lab resources. DNA two mobile Ultimate Drop thrill rides operating in the country. "We're set up to be 5 feet higher than anything in Oshkosh," Riggs said. Food and merchandise vendors and others worked Tuesday to get set up for opening day of the five-day festival, which ends Sunday. Pierre and Carole Uebe of Red Lake Falls, worked Tuesday to get their fur traders tent ready in the historic re-enactment area in Menominee Park.

They operate the Frog r-TS Cleaver may get a break Ruling may be benefit to case BY JIM COLLAR of The Northwestern Attorneys for an Oshkosh teen charged with homicide in the death of her newborn daughter said a Monday ruling from the U.S. Supreme Court could benefit her case to keep police state ft 4 Ik CLEAVER ments out of evidence. The high court on Monday ruled that police cannot work to get confessions without first reading Miranda warnings with intention to later get the same confession after reading the rights. Lawyers for 19-year-old Kristen K. Cleaver said the ruling could play a role in how the Wisconsin Court of Appeals falls on the admissibility of statements she made to off ers last year.

Judge William Carver in November denied use of police statements as evidence against Cleaver. She had previously testified that officers pushed her into making statements regarding the death of her daughter before she was read her rights. Police later read Cleaver the Miranda rights and sought another statement from the teen while she was held in the Winnebago County Jail, according to testimony. Special prosecutor Kenneth Kratz appealed Carver's decision on the evidence. The Winnebago County case was stalled until the appeals court files its decision.

Monday's Supreme Court ruling in the Missouri case against Patrice Seibert found that "two-step interrogations" undermine the intent of the Miranda rights. Seibert was convicted of murder for starting a fire at her home that resulted in a death. A police officer who investigated the case testified that he made a conscious decision to seek confession without giving Miranda rights. He did so, and then got her to confess a second time after the rights were read. Justice David Souter in the court's majority opinion wrote that Miranda warn- CLEAVER, PAGE C2 LAURA MAYOF THE NORTHWESTERN 1 1 t.WI8B-' n-, Legends Of Blues will take opera house stage GREEN LAKE -The New Legends Of Blues will be on stage at Thrasher Opera House in downtown Green Lake at 7:30 p.m.

Saturday. Tickets are $20 and may be obtained from Thrasher Opera House office, Knowledge Emporium, Green Lake State Bank and Block's Farm in Green Lake, Ripon Drug in Ripon, and Bull Moose Mercantile in Princeton. More information is available by calling (920) 294-4279 of (888) 441-0140. Road Race, Fun Run to be held in Green Lake GREEN LAKE -The 21st annual 10K Road Race and Fun Run will be held at 6 p.m. Saturday at the Green Lake Conference Center on State Highway 23 near Green Lake.

Racers may sign up until 5:45 p.m. Saturday. Fees will be charged and prizes will be awarded in all age divisions. Entry forms may be obtained by calling (920) 294-7337 or (800) 558-8898 or bye-mailing jeancglcc.org for more information. The4thofJulywillbe celebrated Sunday at the center with food beginning at 5 p.m.

on the Greensward, music by the band Jaguar from 6:30 to 9 p.m., and fireworks at dusk, according to a news releases from the conference center. Family sues big dairy farm over pollution GREEN BAY (AP) -A rural Luxemburg family accused a 900-cow dairy farm Tuesday of spreading so much liquid manure that a stream and the family's drinking well became polluted, causing family members to become ill. Scott and Judy Treml asked a federal judge to order that Stahl Farms, owned by Glen Stahl, stop violating provisions of the U.S. Clean Water Act and pay tens of thousands of dollars in civil penalties. now The Oshkosh Northwestern publishes public meeting notices to encourage attendance.

Public meetings for today include: Winnebago County Aviation Committee meets at 8 a.m. in the west wing conference room, Wittman Regional Airport, 525 W. 20th Ave. Oshkosh Board of Health meets at 7:30 a.m. in Room 204 of Oshkosh City Hall, 215 Church Ave.

The Oshkosh school board meets at 1 2 p.m. in the board room, 21 5 S. Eagle St Winnebago County Parks and Recreation Committee meets at 3 p.m. in the Coughlin Building, 625 E. County Trunk Y.

Fox Valley Workforce Development Board Executive Committee meets at 3 p.m. in the board room, 996 S. Green Bay Road, Neenah. The Green Lake school board meets in the office conference room at 6 p.m., 612 Mill St, Green Lake. CRAIG SCHNREINERFOR THE NORTHWESTERN BOB BLOCK, head of the drug identification unit at the state crime lab, holds an extracted sample from a marijuana plant.

Blxk said the drug section handles 60 percent of the cases submitted to the lab. BY JIM COLLAR of The Northwestern Forensic evidence and laboratory capabilities have added a new level of certainty to the criminal justice system. It hasn't necessarily added any speed to the process. Consider the case of Travis T. Lamb, 23, who was charged with attempted homicide nearly one year ago.

His Winnebago County trial dates were pushed back in January and again in March because evidence analysis was not yet completed. His trial was pushed back again this time to August during a court hearing in Winnebago County last week. Evidence analysis still isn't complete, said E.J. Jelinski, Lamb attorney. "It's frustrating for the defense or the prosecution trying to build their cases when so much of the evidence depends on foren-sics," he said.

"I'm sure it doesn't happen often, but there could be cases out there where attorneys are waiting for evidence, the defendant spends one or two years in jail, and the evidence comes back showing his innocence. That would be awful." evidence exonerated Avery after he spent 18 years in prison for a sexual assault and attempted murder he didn't commit. The crime lab's workload and its power to find guilt or innocence is a strong argument for additional analysts, though tight state budgets have made any new positions difficult to obtain, Lautenschlager said. "We've worked very hard to maintain what we have," she said. Lautenschlager said the state's labs have made progress in cutting down their backlog of cases, and better workspace should mean even greater progress.

of thrills savvdustdays.com Traders" from their tent, which has a number of fur trader era items for sale, including pre-1840 clothing. "This is our first time at Sawdust Days. We've heard a lot of nice things about it, but this is the first year we've had a chance to come to it," Pierre Uebe said. He said the encampment provides an opportunity to learn about a bygone era. Doug Miner: (920) 426-6667 or Days opens day full Riggs said the thrill seeker rides a basket from the ground to the 140-foot level of the ride.

The bottom of the basket opens and down they'll fall into a net that's 40 feet off the ground. Total distance of the drop is 100 feet. "There are no ropes or bungee cords. This is a freefall," Riggs said. "They'll hit the net about 80 miles per hour." There is a charge to go on the Ultimate Drop with a single rider paying $35.

Riggs said this is one of City Editor Karl Ebert TIP TOP RIDE AND ATTRACTION employees Lao Yang, left, "and Chris Larkee assemble the Giant Ferris Wheel at the Sawdust Days grounds in Menominee Park Tuesday afternoon. Sawdust Days begins today. (920) 426-6665 or Oshkoshnewsthenorthwestern.com V'.