Here & Now

Milwaukee Journal Sentinel Reporter On Lincoln Hills

ZAC SCHULTZ:

CONTROVERSY HAS BEEN SWIRLING AROUND THE WISCONSIN DEPARTMENT OF CORRECTIONS FOR MONTHS OVER AN INVESTIGATION INTO ALLEGED CASES OF ABUSE AT THE JUVENILE CORRECTIONS FACILITY IN NORTHERN WISCONSIN. GOVERNOR WALKER’S CORRECTIONS SECRETARY IS RESIGNING AND THE FBI HAS TAKEN OVER THE INVESTIGATION. FOR THE LATEST WE ARE JOINED BY MILWAUKEE JOURNAL SENTINEL REPORTER PATRICK MARLEY, WHO HAS BEEN COVERING THIS STORY. HE JOINS US FROM THE STATE CAPITOL. THANKS FOR YOUR TIME TODAY.

PATRICK MARLEY:

THANK YOU, ZAC.

ZAC SCHULTZ:

THIS STARTED WITH A JOHN DOE INVESTIGATION BY THE WISCONSIN DEPARTMENT OF JUSTICE, BUT NOW THE FBI IS IN CHARGE. HOW DID THIS BECOME A FEDERAL CASE?

PATRICK MARLEY:

YES. IT STARTED IN LATE 2014 AS AN INTERNAL INVESTIGATION BY THE DEPARTMENT OF CORRECTIONS. AND THEN IN JANUARY OF 2015 THEY CAME ACROSS SOMETHING, WE’RE NOT SURE WHAT, AND THEY ASKED THE DEPARTMENT OF JUSTICE – THE STATE DEPARTMENT OF JUSTICE – TO GET INVOLVED. THEY LOOKED AT IT FOR TEN MONTHS. IN OCTOBER OF 2015, THEY OPENED A JOHN DOE INVESTIGATION, WHICH IS A SECRET PROBE THAT ALLOWS THEM MORE POWERS TO COMPEL THE PRODUCTION OF DOCUMENTS AND FORCE PEOPLE TO TESTIFY. AND SOMETIME AFTER THAT, THEY GOT THE FBI INVOLVED. IT LOOKS LIKE LATE 2014 OR EARLY 2015. ONLY RECENTLY THE FBI TOOK OVER THE ENTIRE PROBE. THE ATTORNEY GENERAL FOR THE STATE BRAD SCHIMEL HAS SAID THIS COULD LAST ANOTHER YEAR.

ZAC SCHULTZ:

SO WITH THE FBI, WHAT ARE THE FEDERAL ISSUES INVOLVED? SOUNDS LIKE A LOT OF THE CHARGES WERE ABOUT ABUSE, BUT HOW DOES THAT BECOME A FEDERAL CASE?

PATRICK MARLEY:

SURE. THE FBI WOULD HAVE JURISDICTION FOR TWO REASONS. ONE, THEY CAN LOOK AT CIVIL RIGHTS ISSUES, WHICH YOU OFTEN SEE IN LIKE POLICE INVESTIGATIONS OF POLICE FORCES OR PRISONS. THERE’S ALSO SOMETHING CALLED THE PRISON RAPE ELIMINATION ACT, A FEDERAL ACT, THAT’S ABOUT A DECADE OLD THAT GIVES THE U.S. ATTORNEY’S OFFICE AND FEDERAL GOVERNMENT ANY KIND OF JURISDICTION OVER SEXUAL ASSAULTS THAT OCCUR IN INCARCERATED — AMONG INCARCERATED POPULATIONS.

ZAC SCHULTZ:

AS A JOHN DOE CASE, THE INVESTIGATION IS SEALED. THE PROCEEDINGS ARE AS WELL. THE FBI ISN’T KNOWN FOR BEING TOO FORWARD WITH INFORMATION IN ONGOING CASES. AS A REPORTER, WHERE ARE YOU GOING TO TRY TO GET MORE INFORMATION?

PATRICK MARLEY:

WELL, THERE HAS BEEN A LOT OF INFORMATION AVAILABLE, ACTUALLY. ALTHOUGH THIS IS DONE UNDER A JOHN DOE, SOME OF THOSE DOCUMENTS HAVE BEEN AVAILABLE. A FEW DOZEN EMPLOYEES HAVE BEEN PUT ON PAID LEAVE WHILE THIS OCCURS. THE STAFF UP THERE IS VERY WORRIED. THEY’VE BEEN TALKING A LOT. SOME OF THEM DON’T WANT TO HAVE THEIR NAMES ATTACHED TO THINGS. THE UNION’S BEEN VERY INVOLVED AND WE’VE BEEN DOING A TON OF OPEN RECORDS REQUESTS AND FINDING OUT INFORMATION THAT WAY.

ZAC SCHULTZ:

THE TOTAL NUMBER OF STAFFERS SUSPENDED, PUT ON ADMINISTRATIVE LEAVE OR EARLY RETIREMENT, DO WE HAVE A TOTAL OF HOW HIGH THAT’S GROWN?

PATRICK MARLEY:

IT’S NOT ENTIRELY CLEAR. THEY TELL US THERE ARE THREE DOZEN PEOPLE SINCE LATE 2014 WHO HAVE BEEN PUT ON PAID LEAVE, BUT THEY SAY NOT ALL OF THOSE ARE CONNECTED TO THIS INVESTIGATION. AND THEN TWO PEOPLE HAVE BEEN FIRED, AND A NUMBER OF PEOPLE HAVE RESIGNED AS THEY WERE ON PAID LEAVE.

ZAC SCHULTZ:

THE DEMOCRATS AT THE CAPITOL HAVE CALLED FOR HEARINGS AND AN AUDIT OF CORRECTIONS. WHAT ARE REPUBLICANS AT THE CAPITOL SAYING?

PATRICK MARLEY:

THEY’RE NOT SAYING A LOT. THEY SAY THAT THEY WANT TO LET THE INVESTIGATION DO — SEE ITS COURSE AND FIND OUT WHAT’S HAPPENED. THEY THINK IT’S TOO EARLY FOR THE LEGISLATORS TO GET INVOLVED AND THEY JUST WANT TO SEE SORT OF WHAT PLAYS OUT AND THEN MAKE ANY CORRECTIONS THEY NEED TO DO TO FIX THIS PROBLEM.

ZAC SCHULTZ:

ALL RIGHT. PATRICK MARLEY, WE LOOK FORWARD TO FUTURE REPORTING FROM YOU. THANK YOU.

PATRICK MARLEY:

THANK YOU.