Relating to: a sales and use tax exemption for the sale of gun safes.
By Senators Wanggaard, Cabral-Guevara, Carpenter, Dassler-Alfheim, Feyen, Hesselbein, James, Marklein, Quinn and Ratcliff; cosponsored by Representatives Neylon, Spiros, Anderson, Andraca, Armstrong, Behnke, Billings, Brown, Callahan, DeSmidt, Dittrich, Emerson, Fitzgerald, Goodwin, Hong, Joers, Johnson, Maxey, Mayadev, Melotik, Miresse, Moore Omokunde, Moses, Mursau, Ortiz-Velez, Snodgrass, Stroud, Stubbs, Subeck, Tenorio, Tusler, Vining, Wichgers, Goeben and Palmeri.
hist198878To the committee on Agriculture and Revenue. Relating to: incorporating cursive writing into the state model English language arts standards and requiring cursive writing in elementary grades.
By Senators Nass, Cabral-Guevara and Wanggaard; cosponsored by Representatives Melotik, Behnke, Brill, Dittrich, Donovan, Goodwin, Gundrum, Knodl, Kreibich, Murphy, Mursau, Tusler, Vos, Wichgers and Piwowarczyk.
Relating to: pelvic exams on unconscious patients and creating an administrative rule related to hospital requirements for pelvic exams on unconscious patients.
By Senators Jacque, Carpenter, Habush Sinykin, Hesselbein, L. Johnson, Keyeski, Ratcliff, Spreitzer and Larson; cosponsored by Representatives Goeben, Subeck, Allen, Anderson, Behnke, Brill, Brooks, Dittrich, Kirsch, Knodl, Maxey, Murphy, Mursau, Neylon, Rodriguez, Tusler and Wichgers.
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Petitions and Communications
hist198883Pursuant to Senate Rule 17 (5), Representative Roe added as a cosponsor of Senate Bill 2. _____________
State of Wisconsin
Office of the Governor
February 3, 2025
The Honorable, the Senate:
This letter is to remove the following appointment from consideration for confirmation by the Wisconsin Senate:
hist198897BAUER, PAUL of Ellsworth, as a Consumer Representative on the Board of Agriculture, Trade and Consumer Protection, to serve for the term ending May 1, 2029. Respectfully Submitted,
TONY EVERS
Governor
State of Wisconsin
Office of the Governor
February 3, 2025
The Honorable, the Senate:
This letter is to remove the following appointment from consideration for confirmation by the Wisconsin Senate:
hist198898HOGAN, JOHN J. of Hazelhurst, as a Wisconsin Bar Representative on the Public Defender Board, to serve for the term ending May 1, 2026. Respectfully Submitted,
TONY EVERS
Governor
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State of Wisconsin
Office of the Senate Sergeant at Arms
January 31, 2025
Dear Senator LeMahieu:
I have been asked by the Administration of President Donald Trump to return to Washington DC to serve in a senior leadership position in the United States Department of Health and Human Services. I have accepted this position and been asked to report to Washington DC, on Monday, February 10, 2025 to be sworn in and to begin my service there. As such, I am tendering my resignation as Wisconsin State Sergeant-at-Arms effective on the close of business on Friday, February 7, 2025.
It has been an honor and privilege to serve as the Wisconsin State Senate Sergeant-at-Arms since June of 2021. I have served in the capacity to the best of my ability and have always held the integrity my duties to highest level. I thank you for your support and friendship during my two terms.
Wishing you and all the members and staff of the Wisconsin Senate my very best as you continue serving the Citizens of the Great State of Wisconsin.
Sincerely,
TOM ENGELS
Sergeant at Arms
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State of Wisconsin
Claims Board
January 31, 2025
Attached is the report of the State Claims Board covering the claims considered at the December 10, 2024, meeting of the Board.
This report is for the information of the Legislature, The Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
ANNE HANSON
Secretary
STATE OF WISCONSIN CLAIMS BOARD
CLAIM OF: GABRIEL LUGO
CLAIM NO. 2024-010-CONV
Notice of Appeal Rights
This is a final decision of the Wisconsin Claims Board.
Any person aggrieved by this decision has a right to petition for judicial review in circuit court as provided in Wis. Stats. §§227.52 and 227.53. Any petition must be filed in court and served on the Board within 30 days of service of the decision. The time to file and serve a petition runs from the date the final decision is mailed. The petition shall name the Wisconsin Claims Board as the respondent. Any person aggrieved may also file a petition for rehearing with the Board under Wis. Stat. §227.49 (1); that petition must be received by the Board within 20 days of the service of this decision. This notice of appeal rights is provided pursuant to Wis. Stat. §227.48. DECISION
Background
Claimant, Gabriel Lugo, filed a claim seeking Innocent Convict Compensation pursuant to Wis. Stat. §775.05. Lugo claims that he was imprisoned for approximately 14 years for his 2009 conviction of first-degree reckless homicide. Lugo further claims that he is innocent of the crime for which he was imprisoned and seeks statutory compensation in the amount of $25,000.00, and attorney’s fees in the amount of $77,482.80. Lugo also requests that the Claims Board recommend to the Legislature additional compensation in the amount of $750,000.00, for a total claim of $852,482.80. Claimant’s Facts and Argument
In support of his claim for compensation, Lugo submitted a claim form and the following materials:
1. Statement in Support of Petition for Compensation for an Innocent Person Convicted of a Claim, with the following supporting materials:
a. Transcript of May 19, 2023, oral decision by Circuit Court Judge Yamahiro;
b. Affidavit of Partial Redantation [sic] of Testimony, signed by Luis Angel Correa on December 12, 2013;
c. Affidavit of Ramon Trinidad, dated December 22, 2020;
d. Handwritten letter from Reymundo Trinidad dated March 20, 2016;
e. Handwritten letter from Reymundo Trinidad dated February 1, 2018;
f. Affidavit of Martin Pruhs, dated March 16, 2021;
g. Milwaukee Police Department Incident Report, 081100035 (Draft);
h. Affidavit of Rex Anderegg dated March 8, 2024;
i. Affidavit of David Geraghty, dated March 7, 2024;
j. Affidavit of Isidoro Lugo, dated March 8, 2024.
2. Claimant’s Reply to Agency’s Position Regarding Petition for Compensation for an Innocent Person Convicted of a Crime.
Lugo requested a hearing and testimony was presented at the October 15, 2024 meeting of the Claims Board. The Board deferred a decision at that time and requested copies of post-conviction briefs from the parties. Consistent with that request, Lugo submitted the following materials.
1. A one-page summary of post-conviction briefing;
2. Brief in Support of Post-Conviction Motion for a New Trial, dated March 16, 2021;
3. Post-Evidentiary Hearing Brief in Support of Post-Conviction Motion for a New Trial, dated April 14, 2023.
In his petition, Lugo states that he was convicted of first-degree reckless homicide in relation to the April 19, 2008 killing of Jake Gerard. Lugo was 19 and spent more than 14 years in prison before his conviction was vacated on May 19, 2023. Lugo maintained his innocence throughout his arrest, trial, and post-conviction.
Lugo’s conviction was vacated and a new trial granted to him based on newly discovered evidence, which included the partial recantation of testimony by Luis Correa, the state’s main witness, and new testimony from Reymundo Trinidad, who was present at the shooting but did not testify at trial.
In support of his claim of actual innocence of the crime for which he was imprisoned, Lugo offers the following explanation of what happened the night Gerard was killed. This explanation is based on the affidavits of Luis Correa, Reymundo Trinidad, and Attorney Martin Pruhs and information that was presented in support of Lugo’s motion for a new trial:
On the night in question, Jose Luis Suares, Luis Correa, and Carlos Montanez arrived at an illegal after-hours bar in Milwaukee, where Reymundo Trinidad was working security. As the men approached, a friend of Trinidad’s identified Suares as someone who had previously stolen drugs from him. Trinidad stopped the men at the door and would not allow them to enter, and an altercation took place between Trinidad and Suares, during which Trinidad shoved Suares against the wall and threatened to shoot him.
Suares, Correa, and Montanez walked back to Suares’ vehicle about a half block away. After a few minutes, Trinidad approached Suares’ car to tell the men they could enter the bar after all, but they declined. A short time later Suares became angry, grabbed a gun, and fired 6 or 7 shots towards Trinidad. Suares missed Trinidad but struck and killed Jake Gerard as he exited the bar.
Suares, Correa and Montanez fled to Montanez’s house, where they learned that Gerard had been shot. While at the house, the men smoked marijuana and concocted a false story to blame the shooting on Lugo, who was known to them. Correa was initially reluctant to go along with the story, but agreed after Suares promised him $5,000 and an ounce of cocaine. The men agreed to say that after the initial confrontation with Trinidad, Correa called Lugo, who came to the bar with a gun and shot Gerard. When the three men were later arrested as suspects, Suares and Correa were housed together in custody and solidified their false story, which they stuck to at trial.
In addition to providing the affidavits that support the explanation above, Lugo notes that investigators found no forensic evidence connecting him to the crime and established no motive for him to shoot either Trinidad or Gerard; whereas, Suares, Correa, and Montanez were confirmed to have been at the crime scene and had motive to retaliate against Trinidad because of the altercation at the door.
