Investigation shows GBCI is based on a ‘flawed’ system | WTAQ News Talk | 97.5 FM · 1360 AM

GREEN BAY, WI (WTAQ-WLUK) – A FOX 11 investigation has uncovered new documents detailing what it calls “systemic” problems, including “neglect” and a “fundamentally flawed system” at the Green Bay Correctional Institution.

Despite these findings, a special prosecutor declined to file charges against four prison staff members for two separate inmate health issues – one death and one suicide attempt.

Dodge County Sheriff Dale Schmidt announced Wednesday that the Brown County Sheriff’s Department investigated incidents at the Green Bay Correctional Institution and that Dodge County has filed charges against nine Waupun Correctional Institution employees, including the former warden.

FOX 11 requested the Brown County Sheriff’s Department’s reports and letters explaining the lack of charges against David Weber, a special prosecutor appointed by the Brown County District Attorney’s Office to review the cases.

The first incident was an inmate suicide attempt. A date for the event is not given. The second incident was the death of an inmate on May 11, 2021. Weber’s reports were submitted to Brown County District Attorney David Lasee in February.

FOX 11 is not releasing the names of the prison staff because no charges have been filed. FOX 11 is also not releasing the names of the inmates involved.

The first incident Weber investigated was the inmate’s death in 2021.

On the day of his death, the inmate asked for a wheelchair but was denied one. Body camera footage shows he was able to walk to his cell door, and records show that both staff members examined “provided simultaneous oral and written statements before the inmate ultimately succumbed to his deteriorating health,” Weber wrote.

While I agree that there appear to be systemic problems in GBCI operations, both with respect to the protocol discussed here and the neglect of the inmate in question, I could not find sufficient evidence of facts to justify an indictment. This is particularly true given the burden of proof of proving a crime beyond a reasonable doubt,” Weber wrote. “In summary, I believe a jury would be unlikely to convict the nurse and correctional officer referenced of criminal negligence.
It is clear from the reports, as well as the number of other incidents being investigated and reported near GBCI, that there are systemic issues that need to be addressed immediately at this facility. The damage done to both the inmates and the morale of those who must work in this environment is significant. Hopefully the administration and the department can promptly address and correct the deficiencies at GBCI to move forward for the benefit of our community and the higher ideals of our society,” Weber added.

Regarding the suicide attempt, Weber ruled, “I believe that the GBCI staff was negligent toward (the inmate) under the circumstances. But I also believe that a jury would likely not convict the correctional officer and/or sergeant without reason and given the number of other failings that contributed to this incident. I hope that this decision to deny prosecution for (the inmate’s) suicide attempt at GBCI does not detract from the need for the institution as a whole to learn from this.”

Upon my review, it appears that the officers in question were involved in a series of missteps inexplicably linked to and in the context of a fundamentally flawed system at GBCI. Attempting to place blame for this incident solely on the two individuals present here would be inappropriate, and regardless, given the high burden of proof requiring proof of criminal knowledge beyond a reasonable doubt, there is insufficient evidence to charge them,” Weber said. “The design of the facility and the configuration of his confinement itself should make any attempt to allow that to happen here impracticable. A jury could find reasonable doubt if it had to decide a criminal charge based on mere failure to follow written policies, where an oral report was arguably prepared and where correctional officer resources were systematically overstretched.

Weber repeated the above-quoted paragraph regarding the institution’s systemic problems.

Brown County District Attorney David Lasee explained to FOX 11 his decision to assign a special prosecutor to the cases.

I felt the need to assign a special prosecutor to the GBCI investigations because these were complex cases that warranted detailed review by Attorney Weber, and because I felt it would be beneficial to have someone working outside the criminal justice system objectively evaluate the cases. Attorney Weber is an experienced and competent trial attorney, and I was confident that he would thoroughly evaluate these important matters. Furthermore, I believe that the decisions he made and his letters outlining those decisions clearly reflect the careful analysis he subjected to each of these investigations.

Lasee also tells FOX 11 that the investigation in Dodge County has no impact on decisions in the Green Bay Correctional Facility cases.

“I do not anticipate that another district’s charging decision based on events and circumstances that occurred at another facility would impact our charging decision,” Lasee writes. “I firmly believe that a prosecutor’s decision to charge, as it must be, is based on the facts and circumstances of that particular investigation and whether there is evidence that would support the proof beyond a reasonable doubt before determining whether a charge would be appropriate.”

Captain David Poteat of the Brown County Sheriff’s Department and head of the department’s investigative unit declined an on-camera interview but told FOX 11 that the department had “no issues” with the decision not to file charges in the cases.