SB 249

This bill directs expenditure of $90,000 from the general fund in payment of a

claim made by Robert Lee Stinson against the state. In November 1984, the body of

Ione Cychosz was found in the city of Milwaukee. Ms. Cychosz was beaten to death

and there were numerous bite marks on her body. In December 1985, the claimant

was tried and convicted of her murder. There were no witnesses against him, and

the only physical evidence was expert witness testimony purporting to match the

claimant's dentition with the bite marks on the victim's body. The bite marks did not

match because the claimant was missing a tooth, and the bite marks showed the

perpetrator did not have that tooth missing, but the claimant's attorney failed to

raise that issue. The claimant was sentenced to life imprisonment. After his

conviction, the claimant obtained a reexamination of the bite mark evidence using

more modern odontological techniques that excluded the claimant as the

perpetrator. The state crime laboratory examined samples of the blood and saliva

found on the victim's clothing and conclusively excluded the claimant as the source

of the samples. The claimant asserted that at the time of the crime he was at a party,

which was corroborated by five other persons. In January 2009, the circuit court for

Milwaukee County vacated the claimant's conviction and sentence. In July 2009, the

state dismissed all charges against the claimant. In July 2009, the DNA of another

man, Moses Price, was matched to the crime scene and Mr. Price confessed to the

crime. The claimant claimed $5,000 per year for 23 years of wrongful imprisonment

plus $14,000 in attorney fees on behalf of the Wisconsin Innocence Project, which

provided assistance to the claimant (total $129,000).

Under section 775.05 of the statutes the Claims Board may award

compensation to a person who is imprisoned for a crime of which he or she is innocent

if the board finds that the evidence is clear and convincing, that the person is

innocent, and that the person did not by his or her act or failure to act contribute to

bring about the conviction for which he or she seeks compensation. The amount

awarded by the board may not exceed a total of $25,000, nor may an award be based

upon a rate of compensation exceeding $5,000 per year. Compensation awarded by

the board must include any amount to which the board finds that the claimant is

entitled for attorney fees, costs, and disbursements. Under the law, if the board finds

that the amount it is able to award is not adequate, it must recommend an adequate

amount to the legislature.

On December 27, 2010, the claims board awarded compensation to the claimant

in the amount of $25,000, which was paid to the claimant on January 4, 2011. In

addition, the board recommended that the claimant be paid an additional $90,000

for wrongful imprisonment (total $115,000). See

2011 Senate Journal

, pp. 24-25.