Are we sweeping justice under the carpet in Winnebago County?
William Lennon has been the Winnebago County District Attorney since January 2003. I worked to help get someone else elected in 2002, it's true. But I will admit that since Lennon took office, it appears – at least for the most part – he has done a reasonably good job in handling cases and restoring some honor to an office mismanaged and dishonored by former D.A. Joseph Paulus (now a convicted felon serving time in a federal facility in Florida). However, some serious questions about Lennon's handling of a couple cases in particular remain.
Case #1: Bids were waived on the construction of bathrooms at the Leach Amphitheater. In July 2005, an assistant D.A. in Lennon's office agreed with an earlier opinion from the state Attorney General's office that the law was indeed broken by the Oshkosh Common Council when it voted 5-2 to waive bids. Yet, Lennon refused to prosecute the case, saying his office didn't have any authority to do so. Instead, he suggested that the citizen(s) sue the city or take our displeasure to the ballot box at election time. He is the district attorney. If he does not have the authority to see that the law is not broken by such illegal activity as bid-waiving (and bid-awarding to a friend of a city councilman voting on the matter), then who does?
Case #2: This month Lennon ruled that an off-duty UW-O police officer was not justified in shooting a hit-and-run suspect (off-campus, no less). He cited several problems with the officer's overall assessment and handling of the situation, as well as his ultimate response of firing his service revolver. Yet, Lennon will not file charges against the officer, saying he wouldn't be able to meet the burden of proof.
People of this county have every reason to question Lennon’s decision in these two cases, especially Case #1. After all, the job of the district attorney's office is to make sure that when the law is broken, those responsible for breaking the law are brought to justice.
If Lennon’s office has no authority to do anything about illegal bid-waiving by a governmental body, why did they waste time in reviewing the facts of the case and issuing an opinion? Is that not a waste of taxpayer dollars? If his office truly had no authority to handle this matter and see that justice was done, Lennon's office should have explained that to the complaining party that and then directed him to someone who could properly handle it.
Like most district attorney’s offices throughout the state, the Winnebago County District Attorney’s office has handled a number of cases in the past where elected officials have broken or been suspected of breaking laws. Those activities usually related to violations of the Open Meetings law and, rarely if ever, resulted in anything more than a verbal warning and hand-slapping. But at least something official and on the record was done. In cases where there was a conflict of interest, the cases were referred to another D.A.'s office. So what is so different here? And why should private citizens have to spend their hard-earned money to file a lawsuit against people who have already in some respects "stolen" our tax dollars by not seeking the lowest bid possible? We rely on our D.A.’s office to see that justice is done. If some things are to be pursued by private citizens – either individually or collectively – then why does the D.A.’s office even look into these types of complaints in the first place and why are we told to file complaints like these with either the local D.A. or state Attorney General? None of this makes any sense and these questions deserve to be answered.
In the case of the off-duty campus police officer, again, Lennon cited a number of reasons why he believed the officer was not justified, though he did recognize that the officer faced a difficult situation and needed to react quickly. That may very well be the case and I am not necessarily condemning the officer for his decision. But if our own district attorney does not feel the shooting was justified, he owes it to the people of this county and community to file the charges and let a judge, jury or both make the final decision.
Justice may no longer be for sale in this county, as it was under the Joe Paulus regime, but it certainly appears to be up for grabs – at least in cases like these. By saying one thing but doing another, Lennon is sending the wrong message to those who break the law – whether they are elected officials who have acted improperly or suspects in other types of criminal cases.
Rumor has it that D.A. William Lennon has his sights set on a judicial office in the near future. But whether he seeks a higher office or merely re-election to his current post, these questions need to be answered now, rather than later. He owes it to the people he was elected to serve.
- Cheryl Hentz
Case #1: Bids were waived on the construction of bathrooms at the Leach Amphitheater. In July 2005, an assistant D.A. in Lennon's office agreed with an earlier opinion from the state Attorney General's office that the law was indeed broken by the Oshkosh Common Council when it voted 5-2 to waive bids. Yet, Lennon refused to prosecute the case, saying his office didn't have any authority to do so. Instead, he suggested that the citizen(s) sue the city or take our displeasure to the ballot box at election time. He is the district attorney. If he does not have the authority to see that the law is not broken by such illegal activity as bid-waiving (and bid-awarding to a friend of a city councilman voting on the matter), then who does?
Case #2: This month Lennon ruled that an off-duty UW-O police officer was not justified in shooting a hit-and-run suspect (off-campus, no less). He cited several problems with the officer's overall assessment and handling of the situation, as well as his ultimate response of firing his service revolver. Yet, Lennon will not file charges against the officer, saying he wouldn't be able to meet the burden of proof.
People of this county have every reason to question Lennon’s decision in these two cases, especially Case #1. After all, the job of the district attorney's office is to make sure that when the law is broken, those responsible for breaking the law are brought to justice.
If Lennon’s office has no authority to do anything about illegal bid-waiving by a governmental body, why did they waste time in reviewing the facts of the case and issuing an opinion? Is that not a waste of taxpayer dollars? If his office truly had no authority to handle this matter and see that justice was done, Lennon's office should have explained that to the complaining party that and then directed him to someone who could properly handle it.
Like most district attorney’s offices throughout the state, the Winnebago County District Attorney’s office has handled a number of cases in the past where elected officials have broken or been suspected of breaking laws. Those activities usually related to violations of the Open Meetings law and, rarely if ever, resulted in anything more than a verbal warning and hand-slapping. But at least something official and on the record was done. In cases where there was a conflict of interest, the cases were referred to another D.A.'s office. So what is so different here? And why should private citizens have to spend their hard-earned money to file a lawsuit against people who have already in some respects "stolen" our tax dollars by not seeking the lowest bid possible? We rely on our D.A.’s office to see that justice is done. If some things are to be pursued by private citizens – either individually or collectively – then why does the D.A.’s office even look into these types of complaints in the first place and why are we told to file complaints like these with either the local D.A. or state Attorney General? None of this makes any sense and these questions deserve to be answered.
In the case of the off-duty campus police officer, again, Lennon cited a number of reasons why he believed the officer was not justified, though he did recognize that the officer faced a difficult situation and needed to react quickly. That may very well be the case and I am not necessarily condemning the officer for his decision. But if our own district attorney does not feel the shooting was justified, he owes it to the people of this county and community to file the charges and let a judge, jury or both make the final decision.
Justice may no longer be for sale in this county, as it was under the Joe Paulus regime, but it certainly appears to be up for grabs – at least in cases like these. By saying one thing but doing another, Lennon is sending the wrong message to those who break the law – whether they are elected officials who have acted improperly or suspects in other types of criminal cases.
Rumor has it that D.A. William Lennon has his sights set on a judicial office in the near future. But whether he seeks a higher office or merely re-election to his current post, these questions need to be answered now, rather than later. He owes it to the people he was elected to serve.
- Cheryl Hentz
posted by Cheryl Hentz at 3:45 PM
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