ADAMS COUNTY DISTRICT ATTORNEY A TANIA M. BONNETT P.O. Box 258 - Courthouse, Friendship, WI 53934 - (608) 339-4217 FAX: (608) 339-4288 Rebecca Maki?Wallander Attorney/Of?ce Manager Kevin D. Smith Assistant District Attorney Pela Steiner - Victim/Witness Coordinator Peggy G. Weber Sara Nelson Legal Secretaries October 9, 2018 To: Brent York Re: Brady disclosure On Thursday, September 6, 2018, I was made aware that a transcript existed of a sworn deposition taken of Brent York on October 14, 2004, in connection with a civil lawsuit filed by Steven and Loretta Vosen against Adams County, its insurer, Larry Warren, Kenneth Bitsky, Brent York, and several subrogated parties. It pertained to the treatment of Mr. Vosen while in the custody of the Adams County Sheriff's Office during which time his arm was broken. The transcript was located in the Adams County Personnel Office and I was not aware of its existence before September 6, 2018. Prior to the civil action, Kenneth Bitsky was prosecuted in federal and state court and was sentenced to 16 months in federal prison and two years of state probation. Brent York was involved in the incident. As such, he wrote a police report, was interviewed as part of a criminal investigation and, upon information and belief, testi?ed at a grand jury proceeding. Upon taking over this of?ce, i was made aware by the former District Attorney that he raised concerns about a potential Brady/Giglio issue reiated to York in connection with this incident. DA Thibodeau was of the opinion that potentially exculpatory evidence existed in the form of inconsistent statements from York about what took place. He believed that the inconsistencies could be identified by comparing the grand jury testimony to the police report and interview of York. DA Thibodeau tried without success to obtain a transcript of the grand jury proceeding; the US Attorney?s Office refused to disclose the content of York's testimony in order for DA Thibodeau to determine if there was evidence contained therein that would fall under Brady/Giglio. Ultimately, DA Thibodeau?s suspicion was uncon?rmed. It appears DA Thibodeau was unaware of the existence of the civil deposition transcript, which was recently discovered. There is no mention of it in his letter to Sheriff Renner on June 14, 2007, though a logical read of the letter is that he would have referenced it to support his concerns if he had been aware of it. After reviewing the relevant materials, I believe there are several apparent inconsistencies that fall within the Brady/Giglio disclosure mandate. Specifically, there are several points on which York could be impeached for untruthfulness, which constitutes potentially? exculpatory evidence in any case where York?s credibility is at issue. Since York is currently an Investigator for the Adams County Sheriff?s Office, and often a central witness in the State's cases, his credibility is material to many cases, past and present. The relevant documents I have reviewed are: York?s Initial Report on Vosen's criminal incident, dated February 11, 2001 DCI/Waushara County Report re: Interview of York, dated March 29, 2001 DCI Report of Freymiller, dated June 19, 2003 Deposition of York, dated October 14, 2004 (relevant portion attached) Letter from DA Thibodeau to Sheriff Renner, dated June 14, 2007 In summary, York?s police report states that: Vosen was argumentative, yelling and waving his arms around in the booking room. Vosen stood up from his chair and became verbally abusive. He was directed to sit down by jail staff but stated he was not going to do so. Vosen started to come out from behind the booking area counter. Bitsky then told Vosen to sit down and "at that time STEVEN appeared that he was going to swing at Undersheriff Bitsky? who then grabbed Vosen and put him up against the wall. (Note: The report does not attribute the quoted statement to an witness besides himself.) In summary, the DCI/Waushara County report states that York stated: Vosen stood up from his chair; no jailer directed him to sit back down although York believed one of the jail officers should have directed him to do so. York believed that if the jailers had directed Vosen to sit back down in his chair, Vosen would have cooperated and the situation would have remained under control. Vosen took a step towards Bitsky during their verbal altercation. Vosen ?pulled his right arm back" and ?made a York believed Vosen was going to ?punch someone" and believed it was going to be Mickelson or Herfel as they were closest to Vosen. Bitsky then pushed Vosen against the wall. (Note: York physically demonstrated his observation of this by directing Agent Freymiller to reenact how Vosen was standing in relationship to York. When questioned about how he could see Vosen's ?st down at his right side when York was standing facing Vosen?s left side, York stated he had a better view of it than the jailers in the room.) York stated that he felt Bitsky's reaction was appropriate due to the fact that York had seen Vosen?s fist. York was on the ground holding Vosen?s left arm when he heard a loud "pop? noise that came from Vosen?s elbow. He stated he looked at Mickelson when he heard the noise but no one said anything. He told investigators that he remembered thinking he had broken something in Vosen's arm when he heard the noise. In summary, York?s deposition states that: When Vosen was standing up and asking York his age, York was surprised that the jail officer hadn?t said anything to Vosen. Bitsky told Vosen something to the effect of ?sit the fuck down and shut up." Vosen then sat down in response to Bitsky?s comment and Vosen was seated when York observed Bitsky grab Vosen by the shirt collar and pick him up and put him against the wall. York heard "a pop? whiie trying to gain control of Vosen?s left arm. (Note: When asked if York broke Vosen?s arm on purpose or by accident, York stated that he did not know if he ever injured Vosen?s arm but that accident.) York stated under oath that there were ?statements of other officers that I put in my report? about Bitsky seeing Vosen make a ?st. York stated he never personally saw Vosen make a ?st or threaten Bistky before Bitsky put him up against the wall. He acknowledged that he never told the DCI/Waushara investigators that he did not personally see those things when they asked him about the incident. Also in his sworn deposition, York denies any knowledge of an investigation into his role in this incident. He states, ?i don't know that there was any type of investigation or interviews conducted as to my role in the February 11 incident of Steven Vosen." However, Agent Freymiller authored a report dated June 19, 2003, in which she reported that she contacted York to request an interview of him. York asked if she was investigating him for obstructing. She confirmed that she was investigating that charge, along with filing a false police report. She reported that she specifically told York that Bitsky?s investigation was done and that York was now the focus of the investigation, and that it was a criminal not internal investigation. York declined an interview. In the deposition, York agreed that Freymiller?s report accurately set forth the conversation between them. I determined that this information falls within the meaning of Brady/Giglio and therefore requires disclosure. On September 20, 2018, I requested a second opinion from the Wisconsin Department of Justice to be sure this is the correct course of action. On October 8, 2018, i received their analysis with a concurring opinion. I will immediately begin the process of complying with this obligation in past and current criminal cases. Sincerely, WW Tania M. Bonnett District Attorney Cc: Sheriff Sam Wollin Chief Deputy Fahrenkrug