Posted on Tuesday, 21st July 2009 by Glenn D. Frankovis
The Wisconsin Supreme Court rendered this decision overruling an Appeals Court decision in the case of a cop shooter and this decision saving Milwaukee taxpayers and estimated $80 million according to an article in the Milwaukee Journal jsonline.
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7 Responses to “Score two for the good guys!”
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July 21st, 2009 at 5:53 pm
It should be noted that Justices Ann Walsh Bradley and Shirley Abrahamson both dissented in this case and would have preferred that a drug-dealing would-be cop-killer be freed.
Bradley’s dissent states: “[T]he probative value of Kojis’ testimony, if any, is negligible and if believed, it could readily provoke the jury to punish Payano due to a perception that he was a drug dealer rather than for the crime charged.” Kojis was the police informant who provided credible information that served as the basis for a court authorized search warrant.
Bradley apparently feels that even drug dealers are entitled to self-defense despite their ongoing criminal activity. She also glosses over the fact that Kojis had provided information and testimony that Payano was in possession of a gun. She also recklessly, in my opinion, devalues Kojis’ testimony by saying that it merely gives a “perception” that Payano was a drug dealer. Search warrants are granted based on more than mere perception, Justice Walsh certainly knows that.
It really shows a stunning level of naivete for her to think that Payano had no clue these were police officers pulling up to his house. The State correctly labeled this incident for what it was “Reckless Injury” because that was all they were able to prove. Maybe Payano wanted to intentionally hurt or kill those officers (it wouldn’t surprise me), but the way things played out…it seems likely that at the very least he was firing shots through a door to keep the officers at bay until evidence was destroyed.
The officers and their supervisors involved in this case are some of the best in the biz. The injuries Officer Lutz sustained ultimately led to him taking a disability leave from the department. He and his partners deserve better than what Bradley, Abrahamson and the lower Court of Appeals had to offer.
It’s amazing that Abrahamson got the endorsements that she did…apparently she felt comfortable relaxing her “tough on crime” facade now after her re-election. So, when is Ann Walsh Bradley up for re-election?
July 21st, 2009 at 7:34 pm
It’s not really a shock at all Roland. My Union, the Wisc. Professional Police Assoc.(WPPA) is based in Madison. Right in the heart of the Liberal “Lion’s Den”. And they don’t poll the membership for endorsements, it’s who they choose and why we should vote for them. Believe me, I know a lot of Officers that have no use for her either!
July 22nd, 2009 at 9:02 am
Note to Marie Rohde, long, long, long time reporter for the Milwaukee Journal, BURGLARS BREAK INTO YOUR HOME; POLICE OFFICERS EXECUTE SEARCH WARRANTS. http://www.jsonline.com/news/milwaukee/51322527.html
July 22nd, 2009 at 9:32 am
Man…it sure does suck when you fall into the shower turning it on and getting all wet right before the cops arrest you. How could anyone believe such a lame story??
I don’t care how bad your English is…if you are a criminal and dealing drugs in the U.S. you know what the word “Police” means when you hear it being yelled outside your door. To suggest the cops weren’t yelling “Police” or that those in the apartment didn’t hear the cops yelling “Police” as they were entering the apartment is absurd. Payano knew he was shooting at cops…no doubt about it. Does anyone know if Payano is a citizen of the U.S.??
And…YES…Marie Rohde…cops are not “breaking into” homes…they are executing lawful search warrants.
July 22nd, 2009 at 11:15 am
Liberalism is a disease.
July 22nd, 2009 at 1:39 pm
Lefties community wreckers disease - wreck the community by blindly pushing unknown agenda forward.
Eventually the community is going to have to do something, rather than punishing everyone else for what the drug dealers choose to do. Community organization to hold race vigils for criminals and drug dealers does not build strong communities. May get you the drug dealers back sooner than later. Why would anyone want these scumbags back?
July 23rd, 2009 at 12:30 am
Once again the Journal/Sentinel does our city a grave injustice. To imply that police were “breaking in” as in burglar, home invader, criminal and crook is just disgusting. This was not a criminal act, and for J/S to imply that it was is wrong. I remember why I cancelled the paper now years ago. I was sick of the bias on the part of it’s reporters. (I use the word reporter loosely as reporters report facts and truth, not opinion and lies). My letters to the editor never get published, but I’ll write again. Who knows?