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Hold DA accountable for keeping records secret

An editorial  —  8/28/2008 1:04 pm

Under Wisconsin law, the district attorney of each county is responsible for making sure that government records and meetings are open to the public.

That's why it's so troubling that Jane Kohlwey, the DA of Columbia County, entered into an agreement not only to keep secret a court file that detailed how a Sauk County sheriff's deputy was able to avoid felony charges in a hit-and-run injury case, but to destroy the file after the deputy had undergone an alcohol and drug assessment.

The sordid affair all came to light this week when Sauk County Deputy David Riedel's ex-girlfriend, Sonya Flower, demanded to see the agreement Kohlwey made with Riedel's lawyer. Flower has filed a complaint with the state Crime Victims Rights Board in an attempt to understand why Riedel was able to avoid any charges after he allegedly backed over her in a parking lot in December of 2005, causing her severe injury.

Her demand revealed that Kohlwey had agreed with Riedel's attorney to keep the file secret and that she had also agreed to destroy "any and all originals or copies of the contract and attached agreement in her possession" in return for Riedel getting the alcohol and drug assessment and writing a letter of apology to Flower.

Riedel had originally been charged with felony hit-and-run in the incident for allegedly backing his truck over Flower after the two had a dispute and then fleeing the scene. Flower was left temporarily paralyzed in a parking lot and has undergone four operations in the three years since.

Although the incident happened in Sauk County, Columbia County DA Kohlwey got the case after it was transferred to her by the Sauk County district attorney. As it turns out, Kohlwey never did destroy the records, but turned them back to the Sauk County DA's office when others in her office pointed out it would be wrong to destroy a public record.

Nevertheless, it's appalling that a district attorney would first agree to seal a case, particularly one that involves a public law enforcement officer, and then offer to eventually destroy the records.

Flower understandably suspects that the deputy got off easy. While she continues to suffer from the injuries, she says he got off scot-free and kept his job as a cop. He didn't even send her the letter of apology, she claims.

It's been fundamental law in Wisconsin for decades that court proceedings and the records are open to the public. When members of the public have trouble getting access to records, the law gives them the recourse of going to the district attorney to enforce the openness law.

Kohlwey is either ignorant of the law or doesn't believe in it. She needs to be brought to account for this incredible violation of the state statutes.

The attorney general needs to get involved.

An editorial  —  8/28/2008 1:04 pm