Thursday, December 30, 2010
Ninety-Ninth Regular Session
The Chief Clerk makes the following entries under the above date.
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State of Wisconsin
Office of the Governor
December 30, 2010
The Honorable, The Legislature:
As required by Article V, Section 6 of the Wisconsin Constitution, I am submitting the annual Executive Clemency Report to the Legislature, covering those clemency cases upon which final dispositions were rendered for applicants during the 2010 calendar year. Below are the one hundred and seventy seven applicants who received a pardon in 2010:
Donald Blank (date of birth March 5, 1951), convicted on September 20, 1971, of two counts of Sale of Dangerous Drug (Marijuana), was sentenced to eighteen months in jail (stayed) and eighteen months of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Ball was granted a pardon on February 11, 2010, based on his positive adjustment, extensive personal growth and development, lack of other criminal justice system contacts, the length of time since the crime, and the non-violent nature of the crime.
Angela Byrd (date of birth June 19, 1963), convicted on August 7, 1991, of Failure to Report Receipt of Income and Food Stamp Fraud, was sentenced to five years of probation, 100 hours of community service, and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Byrd was granted a pardon on February 11, 2010, based on her extensive personal growth and development, no previous or subsequent criminal justice system contacts, low risk of reoffending, the non-violent nature of the offenses, the length of time since the offenses, and her documented substantial need.
Bruce Conard (date of birth August 26, 1960), convicted on November 14, 1983, of Delivery of a Controlled Substance (THC), was sentenced to forty-five days in jail and two years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Conard was granted a pardon on February 11, 2010, based on Mr. Conard's positive adjustment, lack of other criminal justice system contacts, community achievements, the length of time since the crime and valid employment concerns.
Chris Falkowski (date of birth December 28, 1973), convicted on October 17, 1994, of Burglary, was sentenced to three months of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Falkowski was granted a pardon on February 11, 2010, based on his extensive personal growth and development by furthering his education, his substantial need for employment, no prior or subsequent criminal justice system contacts and the length of time since the offense.
Paul Fidlin (date of birth April 15, 1981), convicted on October 7, 1999, of Knowingly Fleeing/Eluding an Officer, was sentenced to two years in prison (stayed), nine months in jail with Huber privileges, three years of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-1. Following the Board's recommendation, Mr. Fidlin was granted a pardon on February 11, 2010, based on his extensive personal growth and development by obtaining his Bachelor's Degree in Social Work, his significant commitment to public service, positive adjustment, personal growth and development, and community achievements.
Colin Hirthe (date of birth June 27, 1963), convicted on or about February 16, 1987, of two counts of Burglary, was sentenced to thirty days in jail, three years of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Hirthe was granted a pardon on February 11, 2010, based on his positive adjustment, person growth and development, community achievements, lack of other criminal justice system contacts, and the length of time since the crime.
Gerald Kniess (date of birth October 13, 1939), convicted on February 8, 1958, of two counts of Burglary, was sentenced to one year in prison, one year of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Kniess was granted a pardon on February 11, 2010, based on his positive adjustment, lack of other criminal justice system contacts, the length of time since the crime, and the recommendation of the district attorney.
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Cherise McKinney (date of birth May 2, 1969), convicted on September 17, 1992, of Possession of a Controlled Substance (Cocaine Base) with Intent to Deliver and Obstructing an Officer (False Information), was sentenced to one year in jail, three years of probation, and ordered to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. McKinney was granted a pardon on February 11, 2010, based on her positive adjustment, personal growth and development, the non-violent nature of the crime, and her service to her community as a Pastor.
Ebony Morrow (date of birth August 26, 1976), convicted on August 5, 2002, of Uttering, was sentenced to six months in jail and eighteen months of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Morrow was granted a pardon on February 11, 2010, based on her positive adjustment, valid job concerns, substantial need, and the non-violent nature of the crime.
Amanda Pennington (date of birth June 21, 1964), convicted on April 9, 1992, of Failure to Report Receipt of Income, Food Stamp Fraud, and Theft of Moveable Property, was sentenced six years in prison, six years of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Pennington was granted a pardon on February 11, 2010, based on her positive adjustment, extensive personal growth and development, lack of other criminal justice system contacts, and the non-violent nature of the crime.
Karen Potnek (date of birth November 17, 1969), convicted on April 23, 1993, of Theft by Fraud, was sentenced to two years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Potnek was granted a pardon on February 11, 2010, based on her positive adjustment, extensive personal growth and development, lack of prior and subsequent criminal justice system contacts, the non-violent nature of the crime, and a low risk of reoffending.
Jeffrey Schneider (date of birth December 31, 1972), convicted on October 28, 1992, of Conspire to Possess with Intent to Deliver THC, was sentenced to two months in jail with Huber privileges, thirty months of probation, and ordered to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Schneider was granted a pardon on February 11, 2010, based on his positive adjustment, extensive personal growth and development, valid job concerns, lack of other criminal justice system contacts, the length of time since the crime, and the non-violent nature of the crime.
Michael Schwalbach (date of birth March 18, 1954), convicted on December 6, 1973, of Armed and Masked Robbery (PTAC), was sentenced to ten years in prison. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Schwalbach was granted a pardon on February 11, 2010, based on the his positive adjustment, extensive personal growth and development, lack of previous and subsequent criminal justice system contacts, then length of time since the crime, and community achievements.
Darryl Sims (date of birth July 23, 1961), convicted on May 8, 1997, of five counts of Issuing Worthless Checks (>$1000), was sentenced to four months in jail with Huber privileges, ten years of probation, 200 hours of community service, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Sims was granted a pardon on February 11, 2010, based on his positive adjustment, extensive personal growth and development, the non-violent nature of the crime, the recommendation of the judge, and community support.
George Vaughn (date of birth September 11, 1941), convicted on January 11, 1965, of Burglary, was sentenced to three years in prison (stayed), three years of probation, and restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Vaughn was granted a pardon on February 11, 2010 based the length of time since the offense, his honesty with the Board, his young age at the time of the crime, his positive adjustment, and his extensive personal growth and development.
Darrel Wilber (date of birth September 6, 1950), convicted on October 25, 1968, of three counts of Burglary, two counts of Petty Threft, and one count of Grand Theft, was sentenced to thirty-six months in prison. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Mr. Wilber was granted a pardon on February 11, 2010, based on his extensive personal growth and development, a lack of prior or subsequent criminal justice system contacts, the length of time since the offenses, a low risk of reoffending, and his positive adjustment.
Nicholas Rathmann (date of birth May 24, 1980), convicted on May 29, 1998, of two counts of Burglary ? Building or Dwelling and two counts of Burglary ? Building or Dwelling (PTAC), was sentenced to eight months in jail with Huber release, five years of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Mr. Rathmann was granted a pardon on April 5, 2010, based on his positive adjustment, personal growth and development, lack of other criminal justice system contacts, the non-violent nature of the offense, the length of time since and young age at the time, valid job concerns, and recommendation of various members in his community.
Stewart Garson (date of birth February 14, 1955), convicted on June 11, 1973, of Burglary (PTAC), was sentenced to two years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Mr. Garson was granted a pardon on April 5, 2010, based on his extensive personal growth and development through furthering his education, positive adjustment, the length of time since the crime, and low risk of re-offending.
Keith Best (date of birth June 28, 1953), convicted on May 2, 1973, of Burglary (PTAC), was sentenced to three years of probation and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Mr. Best was granted a pardon on April 5, 2010, based on his positive adjustment, extensive personal growth and development, no subsequent criminal justice system contacts, the length of time since the crime and young age at the time, low risk of re-offending, and achievements in his community.
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Steven Huebner (date of birth October 3, 1963), convicted on August 24, 1981, of two counts of Burglary, was sentenced to 18 months in prison. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Huebner was granted a pardon on April 5, 2010, based on his positive adjustment, the length of time since, and recommendation from various members of in his community.
Daniel Brede (date of birth June 1, 1960), convicted on February 6, 1981, of Burglary (PTAC), was sentenced to three years in prison (stayed), 89 days in jail with Huber privileges, and three years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-2. Following the Board's recommendation, Mr. Brede was granted a pardon on April 5, 2010, based on his positive adjustment, personal growth and development, and the length of time since the offense.
Todd Jarvey (date of birth November 12, 1963), convicted on December 9, 1985, of Delivery of a Controlled Substance (Cocaine), was sentenced to two years probation and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-2. Following the Board's recommendation, Mr. Jarvey was granted a pardon on April 5, 2010, based on his positive adjustment, personal growth and development, lack of prior or subsequent criminal justice system contacts, and the length of time since the crime.
Michael Schuchardt (date of birth November 21, 1959), convicted on May 24, 1993, of Theft by Contractor, was sentenced to ten years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-3. Following the Board's recommendation, Mr. Schuchardt was granted a pardon on April 5, 2010, based on his positive adjustment, personal growth and development, the full payment of his substantial order for restitution in a timely manner, and his early discharge from probation.
Gregory Frazier (date of birth March 17, 1969), convicted on January 31, 1992, of Delivery of Controlled Substances (PTAC), was sentenced to four months in jail (stayed 60 days), three years of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-3. Following the Board's recommendation, Mr. Frazier was granted a pardon on April 5, 2010, based on his positive adjustment, lack of subsequent criminal justice system contacts, the non-violent nature of the crime, the length of the time since the offense, and low risk of reoffending.
Jayson Schafer (date of birth June 26, 1978), convicted on April 3, 1997, of four counts of Burglary (PTAC), was sentenced to six months in jail (count one), one month jail (concurrent), four years in prison (stayed), three years probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-3. Following the Board's recommendation, Mr. Schafer was granted a pardon on April 5, 2010, based on his positive adjustment, lack of other criminal justice system contacts, the non-violent nature of the crime, and length of time since.
Ronald Crass (date of birth May 15, 1940), convicted on April 23, 1958, of Breaking and Entering with Intent to Commit Larceny and Theft, was sentenced to eighteen months in prison. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-3. Following the Board's recommendation, Mr. Crass was granted a pardon on April 5, 2010, based on the length of time since the offense and his young age at the time of the crime.
David Aderman (date of birth November 14, 1955), convicted on August 26, 1976, of Causing Bodily Harm to a Peace Officer, was sentenced to eighteen months in prison (stayed), six months jail, and two years probation. The Governor's Pardon Advisory Board was split by a vote of 3-3 on its recommendation. Mr. Hughes was granted a pardon on April 5, 2010, based on the lack of subsequent criminal justice system contacts, the support of the Assistant District Attorney and victim, and the length of time since the offense.
Daniel Stebnitz (date of birth August 30, 1957), convicted on March 3, 1981, of six counts of Forgery, was sentenced to five years in prison (stayed), five years of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Stebnitz was granted a pardon on April 5, 2010, based his extensive personal growth and development, positive adjustment, the non-violent nature of the offense, the length of time since the offense, a lack or prior and subsequent criminal justice system contacts, and the recommendation from both the district attorney and judge.
Michael Butz (date of birth March 28, 1958), convicted on December 7, 1984, of Forgery, was sentenced to two years of probation, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Butz was granted a pardon on April 5, 2010, based on his positive adjustment, personal growth and development, no subsequent criminal justice system contacts, and the non-violent nature of the crime.
Darek Johnson (date of birth May 24, 1971), convicted on March 17, 1998, of four counts of Felony Non Support, was sentenced to six months in jail, five years of probation, and ordered to pay the outstanding child support. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Johnson was granted a pardon on April 5, 2010, based on his positive adjustment, extensive personal growth and development, the non-violent nature of the crime, the length of time since the offense, and the recommendation from various members in his community.
Tammy Farnswoth (date of birth December 24, 1966), convicted on July 19, 1999, of Food Stamp Fraud, was sentenced to two years probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Ms. Farnsworth was granted a pardon on April 5, 2010, based on her positive adjustment, the non-violent nature of the crime, valid job concerns, and recommendation from the district attorney.
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Dana Zimmerman (date of birth August 31, 1979), convicted on February 12, 2002, of Disorderly Conduct, was ordered to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Zimmerman was granted a pardon on April 5, 2010, based on his positive adjustment, extensive personal growth and development, no subsequent or prior criminal justice system contacts, the non-violent nature of the offense, community achievements, and recommendation from various members of his community.
Derrick James (date of birth April 7, 1980), convicted on August 21, 1998, of Possession with Intent to Deliver (Cocaine), was sentenced to thirty months in prison and ordered to pay a $500 fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. James was granted a pardon on April 5, 2010, based on his positive adjustment, lack previous and subsequent criminal justice system contacts, the length of time since the crime, and extensive personal growth and development.
David Brueggeman (date of birth July 18, 1956), convicted on February 8, 1985, of Delivery of a Controlled Substance and Possession with Intent to Deliver, was sentenced to ninety days in jail. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Brueggeman was granted a pardon on April 5, 2010, based on his extensive personal growth and development, lack of other criminal justice system contacts, the non-violent nature of the crime, recommendation from various members in his community, the recommendation from the district attorney, and no objection from the judge.
Robert James Clark (date of birth December 17, 1951), convicted on March 27, 1972, of False Wisconsin Identification Card and Forgery, was sentenced to one year of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Clark was granted a pardon on May 7, 2010, based on his positive adjustment, extensive personal growth and development, the non-violent nature of the offense, the length of time since the crime, and his young age at the time of the crime.
John Hecker, (date of birth December 31, 1960) convicted on January 20, 1981, of Criminal Damage to Property (PTAC), and sentenced to one year of probation and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Hecker was granted a pardon on May 7, 2010, based on his positive adjustment, lack of other criminal justice system contacts, his low risk of reoffending, and the length of time since the crime.
Christopher L. Johnson (date of birth April 24, 1972), convicted on April 21, 1992, of Burglary, was sentenced to three years of probation, six months in jail, and community service. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Johnson was granted a pardon on May 7, 2010, based on his positive adjustment, lack of prior or subsequent criminal justice system contacts, the length of time since the crime, and the recommendation of the judge.
Derrick Loyde (date of birth January 6, 1974), convicted on February 28, 1994, of Delivery of Controlled Substance- Cocaine (PTAC) and Possession with Intent to Deliver Controlled Substance- Cocaine (PTAC), and sentenced to two years in prison, each count (concurrent); and on April 25, 1995, of Possession with Intent to Deliver Controlled Substance Cocaine- Second or Subsequent Offense and sentenced to eight years in prison. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Loyde was granted a pardon on May 7, 2010, based on his positive adjustment, personal growth and development, community achievements, military service, and valid job concerns.
David Maier (date of birth September 19, 1979), convicted on July 3, 2001, of Possession of Heroin, was sentenced to three years of probation and six months license suspension. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Maier was granted a pardon on May 7, 2010, based on his positive adjustment, extensive personal growth and development, lack of prior or subsequent criminal justice system contacts, and the non-violent nature of the crime.
Kevin O'Leary (date of birth June 23, 1958), convicted on December 16, 1980, of Delivery of a Controlled Substance, was sentenced to three years of probation and four months in jail. The Governor's Pardon Advisory Board was split by a vote of 3-3 on its recommendation. Mr. O'Leary was granted a pardon on May 7, 2010, based on his positive adjustment, extensive personal growth, the support of the district attorney, the length of time since the offense, the non-violent nature of the offense, and the low risk of reoffending.
Paul Powell (date of birth November 9, 1970), convicted on July 12, 1993, of Possession of a Controlled Substance, was sentenced to ninety days HOC and eighteen months of probation; convicted on December 4, 1996, of Possession with Intent to Deliver a Controlled Substance- THC (PTAC) and sentenced to thirty months of probation; and convicted on September 21, 1998, of Possession of THC (Second or Subsequent Offense) and sentenced to eight months in jail, six months license suspension, and ordered to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Powell was granted a pardon on May 7, 2010, based on his positive adjustment, extensive personal growth and development, valid job concerns, and support from his community.
Gavin Robinson (date of birth November 13, 1963), convicted on January 12, 1993, of Possession with Intent (Cocaine) and Possession of a Controlled Substance, was sentenced to three years of probation, each count (concurrent) and ten months HOC. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Robinson was granted a pardon on May 7, 2010, based on his positive adjustment, extensive personal growth and development, no prior or subsequent criminal justice contacts, and the recommendation of the judge.
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Frederica Renner (date of birth November 14, 1963), convicted on February 20, 1996, of Failure to Report Receipt of Income and Food Stamp Fraud, was sentenced to five years of probation and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Ms. Renner was granted a pardon on May 7, 2010, based on her positive adjustment, extensive personal growth and development in furthering her education, a lack of prior or subsequent criminal justice system contacts, the non-violent nature of the crime, valid job concerns, and the recommendation of the judge.
Roland Rybarczyk (date of birth October 24, 1945), convicted of Theft of an Automobile, was sentenced to two years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Rybarczyk was granted a pardon on May 7, 2010, based on his positive adjustment, lack of prior or subsequent criminal justice system contacts, the non-violent nature and length of time since the crime, and no objection from the district attorney.
Penny Treanor (date of birth July 10, 1970), convicted on February 9, 1998, of Perjury Before Court, was sentenced to twenty-six days in jail. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 4-2. Following the Board's recommendation, Ms. Treanor was granted a pardon on May 7, 2010, based on a lack of prior or subsequent criminal justice system contacts, the non-violent nature of the crime, her low-risk of reoffending, and the recommendations of the judge and district attorney.
Matthew Umentum (date of birth August 19, 1976), convicted on February 23, 1995, of Delivery of THC, was ordered to pay restitution and a fine. The Governor's Pardon Advisory Board was split by a vote of 3-3 on its recommendation to grant a pardon. Mr. Umentum was granted a pardon on May 7, 2010, based on his extensive personal growth and development, positive adjustment, and the non-violent nature of the offense.
James Weddig (date of birth August 3, 1969), convicted on April 6, 1989, of Delivery of a Controlled Substance, was sentenced to two years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Weddig was granted a pardon on May 7, 2010 based on a lack of other criminal justice system contacts, his young age at the time of the offense, the non-violent nature of the crime, his extensive personal growth and development, positive adjustment, and valid job concerns.
Kevin Wheeler (date of birth December 15, 1962), convicted on June 29, 1981, of Operating Without Owner's Consent, was sentenced to three years of probation, ninety-one days in jail, and one year license suspension. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 7-0. Following the Board's recommendation, Mr. Wheeler was granted a pardon on May 7, 2010, based on his positive adjustment, extensive personal growth and development, the length of time since the crime, valid job concerns, and the recommendation from the judge.
Victor Misurelli (date of birth May 2, 1952), convicted on November 2, 1989, of two counts of Delivery of Cocaine, was sentenced to four years of probation for each count to run consecutive, and ordered to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Misurelli was granted a pardon on August 9, 2010, based on his positive adjustment, extensive personal growth and development, the length of time since the conviction, a lack of previous and subsequent criminal justice system contacts, community achievements, and recommendations from the district attorney, judge, and various members of the community.
