GREEN BAY, WI (WTAQ-WLUK) – A FOX 11 Investigation has uncovered new documents regarding what is referred to as “systemic” issues including “neglect” and a “Fundamentally flawed system” at the Green Bay Correctional Institution.
Despite the findings, a special prosecutor declined to press charges against four staff members at the prison for two separate inmate health events – one death and one attempted suicide.
Dodge County Sheriff Dale Schmidt revealed Wednesday the Brown County Sheriff’s Department had investigated incidents at Green Bay Correctional as he was revealing Dodge County filed charges against nine staff members at Waupun Correctional Institution, including the former warden.
FOX 11 requested the reports from the Brown County Sheriff’s Department, as well as letters explaining the lack of charges from David Weber, a special prosecutor the Brown County District Attorney’s Office requested to review the cases.
The first incident was an attempted suicide by an inmate. No date for the event is listed. The second incident was the death of an inmate on May 11, 2021. Weber’s reports were supplied to Brown County District Attorney David Lasee in February.
FOX 11 is not naming the prison staff members, as no charges were filed. FOX 11 is also choosing to not name the inmates involved.
The first incident Weber reviewed was the inmate’s death in 2021.
On the day of his death, the inmate requested and was denied a wheelchair. Body camera video shows he was able to walk to his cell door, and records show both staff members investigated “made contemporaneous oral and written recorded statements, before the inmate finally succumbed to his deteriorating health,” Weber wrote.
While I agree there appears to be systemic issues with GBCI operations, both in terms of protocol discussed herein as well as neglect of the subject inmate, I could not find sufficient evidence in support of facts deserving of a criminal charge. This is especially true considering the burden of proving a crime beyond a reasonable doubt,” Weber wrote. “In sum, I believe a jury would not likely convict the referenced registered nurse and corrections officer of criminal negligence.
It is obvious from the reporting, as well as the number of other incidents being investigated and reported in near proximity at GBCI, that there are systemic issues that must be promptly addressed at this facility. The harm being caused to both the inmates and the morale of those that are required to be working in the environment is significant. Hopefully, the administration and department can promptly address and rectify the shortcomings at GBCI moving forward for the good of our community and higher ideals for our society,” Weber added.
As to the attempted suicide, Weber determined, “I believe GBCI staff was neglectful of (the inmate) under the circumstances. But I also believe a jury would likely not convict the Corrections Officer and/or the Sergeant without motive and given the number of other failings that contributed to this incident occurring. I hope this decision to decline criminal charges arising out of (the inmate’s) attempted suicide at GBCI does not detract that must be learned by the institution as a whole.”
Based on my review, it appears the referred officers were involved in a series of missteps inexplicably intertwined with, and in context of, a fundamentally flawed system at GBCI. Attempting to place the blame for this incident on just the two individuals here would be inappropriate and, regardless, there is insufficient evidence to charge them in light of the high burden of proof requiring evidence of criminal knowledge beyond a reasonable doubt,” Weber said. “The design of the facility and configuration of his confinement itself were supposed to make any attempt at what transpired here impractical. A jury could find reasonable doubt if required to decide on a criminal charge predicated on mere failure to follow written policy, where an oral report was arguably made and correction officer resources were stretched too thin on a systemic basis.
Weber repeated the paragraph quoted above, regarding the systemic issues at the facility.
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 in the GBCI investigations because they were complex cases that warranted the detailed review that Attorney Weber provided, and because I felt there was a benefit to having someone who is employed outside of the criminal justice system evaluating the cases objectively. Attorney Weber is a skilled and experienced litigator, and I was confident that he would do a thorough job evaluating these important matters. Further, I believe that the decisions he reached, and his letters outlining those decision clearly reflect the thoughtful analysis that he gave each of those investigations.
Lasee also tells FOX 11 the Dodge County investigation does not alter the decisions made with the Green Bay Correctional cases.
“I do not expect that another county’s charging decision, that is based on the events that took place and the circumstances that existed in a different institution, would have any impact on our charging decision,” writes Lasee. “I firmly believe that a prosecutor’s decision to charge a case relies, as it must, on the facts and circumstances of that particular investigation, and whether evidence exists that would support proof beyond a reasonable doubt, prior to determining whether charges would be appropriate. ”
Brown County Sheriff’s Department Captain David Poteat, the head of the department’s investigative unit, declined an on camera interview, but tells FOX 11 the department “has no issues” with the decision to not file charges in the cases.
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