A state board recently reprimanded Columbia County District Attorney Jane Kohlwey in the case of a former Sauk County Sheriff's Department deputy charged with backing over his girlfriend and fleeing the scene in 2005.

Kohlwey, who was the special prosecutor in the case, failed to comply with state law when she refused to give the victim information about a plea deal struck with the deputy, the state Crime Victims Rights Board ruled this month.

The deal left the 43-year-old former Sauk County deputy, David L. Riedel, who victim Sonya Flower said has since gone on to work as a police officer in Hillsboro, without a conviction record. No record of the agreement exists in his public case file.

Also, all three Columbia County judges have disputed Kohlwey's sworn testimony before the board during a hearing on the matter in June.

Judge James Miller, who presided in the Riedel case, said he always sends notice about court activity to the victim, as he did in the Riedel case. He said he had no control over Kohlwey telling the victim she likely would not be allowed to sit in on certain proceedings.

"I wouldn't send notice to the victim and then say the victim couldn't be here," Miller said. "That's ludicrous."

Contacted earlier this week, Kohlwey declined to comment, saying the board's decision was confidential.

"I don't think (commenting) would be fair to Ms. Flower or to me," Kohlwey said.

But the board's records custodian, Julie Braun, said the documents are public records.

‘She stole my voice'

Sonya Flower remembers feeling a snap in the middle of her chest as the rear tire of a pickup truck driven by her boyfriend rolled onto her back in a Wisconsin Dells hotel parking lot one December night in 2005.

She was temporarily paralyzed, and the air was pushed out of her lungs so forcefully that she made a loud, uncontrollable noise, Flower said.

Flower said her voice as a victim was stolen when Kohlwey offered Riedel a secret deal that left him without a conviction record and allowed him to continue his law enforcement career.

Almost three years later, Flower says her voice has been restored. And her whistle-blowing may help ensure crime victims' wishes are heard in the justice system.

Riedel and Flower, 28, who was working as a Stoughton police officer at the time, had been drinking at a party of law enforcement officers and began arguing after Flower danced with another man at Marleys, a bar in Wisconsin Dells.

The argument escalated into violence in a nearby hotel room, according to police reports.

Riedel left the room, and Flower laid down behind his truck to stop him from driving home drunk.

The Sauk County District Attorney's Office charged Riedel with a felony hit-and-run causing great bodily injury.

In February 2007, Kohlwey had been appointed as special prosecutor in the case, which was set for a jury trial. The case was being prosecuted by Columbia County because it involved a Sauk County employee.

Flower had been following up with Kohlwey and preparing to testify in what was expected to be a difficult trial.

Flower said she was stunned when Kohlwey replied to an e-mail saying Riedel was "finally going to accept" a settlement offer.

State law requires district attorneys to consult with crime victims about possible plea agreements if the victim so desires. Victims must be afforded an opportunity to provide the court information about the effect the crime had on them before it approves the terms of any settlement agreement.

Days later, Riedel and his attorney signed the agreement, which contained a provision that it would be kept private. If Riedel satisfied the secret conditions of the agreement by Dec. 14, 2007, charges against him would be dropped.

Kohlwey told Flower one condition of the agreement was that Riedel couldn't contact her, but Kohlwey refused to reveal the rest of the conditions.

"No other information can be given," Kohlwey wrote in a Feb. 22, 2007, e-mail to Flower, documents show.

Kohlwey and Columbia County Victim Witness Coordinator Lisa Playman told Flower she likely would not be allowed to sit in on court proceedings involving the agreement.

Playman could not be reached for comment.

Flower filed a complaint in November 2007 with a state board responsible for reviewing and investigating the complaints of crime victims.

She alleged Kohlwey violated her rights to a speedy disposition in the case and also violated her rights to receive information about a potential resolution in the case.

In a written response, Kohlwey denied all of Flower's allegations.

The state Crime Victims Rights Board threw out Flower's speedy disposition complaint. But earlier this month, the board ruled in Flower's favor regarding the other allegation, saying Kohlwey violated Flower's rights as a victim under state law.

The board issued Kohlwey a reprimand that "contains specific guidance, training and policy recommendations to ensure that the Columbia County District Attorney's Office complies with the crime victim rights at issue in this case."

"Jane Kohlwey stole my voice as a victim, and the Crime Victim Rights Board restored it," Flower said.

More than anything, Flower wants crime victims to know they have options if they feel they have been wronged, she said.

Judges dispute testimony

During a hearing in front of the board in June, Kohlwey testified under oath that Columbia County judges routinely exclude victims and interested members of the public from certain court proceedings.

Judges hold status conferences so defense attorneys and prosecutors can inform them of the terms of a potential case settlement, Kohlwey testified. But those status conferences, she said, are held in the judge's chambers, and only the defense attorney, defendant and prosecutor are allowed to sit in.

Kohlwey testified that she has raised concerns about the process with Columbia County judges, who turned deaf ears.

But all three Columbia County judges said in interviews this week that they weren't sure what Kohlwey was referring to.

"Off the top of my head, I'm not really familiar with any type of complaint (from Kohlwey) or anything of that nature," said Columbia County Circuit Court Judge Daniel George. He said it's possible Kohlwey raised concerns in some form, but he does not recall it.

George said status conferences are routinely scheduled with defense attorneys and prosecutors. But deferred prosecution agreements are mainly discussed in open court, with the defendant entering a plea before the contract is signed. The case is then held open until the defendant fulfills the terms of the agreement. If the defendant successfully fulfills all the terms, the district attorney asks the judge to drop the charges, George said.

If the defendant violates one of the terms, he has already pleaded guilty or no contest and the judge can sentence him without a trial. But Riedel was never forced to enter a plea in open court.

George stressed that he didn't want to get involved in refuting Kohlwey's testimony.

Miller said he was disappointed to hear of Kohlwey's testimony.

"That's not how things work," Miller said. "I would never exclude a victim - ever - from anything, if they wanted to be there."

He said Kohlwey has never raised the issue with him.

Columbia County Judge Alan White said he is not familiar with private status conferences that exclude victims and the public.

White stressed that he had not seen transcripts of Kohlwey's testimony before the board, but had only read a summary of her statements included in the final decision of the Crime Victims Rights Board.

 

To read the deferred prosecution agreement, click the following link: http://www.wiscnews.com/pdr/uploads/dir/ProsecutionAgreement.pdf