Friday, June 8, 2012

Top Stories June 8th


2nd Motorcyclist in FDL Accident Dies

6/8/12 - A second motorcyclist has died from injuries suffered after a car hit 10 oncoming bikers north of Fond du Lac last Thursday. 43-year-old Douglas Yonkers of Muskegon Michigan died yesterday morning at a Neenah hospital. The car driver, 25-year-old Clinton Lovelace of Hilbert, was charged Tuesday with reckless homicide, three counts of reckless injury, a charge of reckless endangerment, and felony bail jumping. Prosecutors said at the time that more charges were possible – and now that Yonkers has died, a second homicide count is possible. 59-year-old Dan Winsemius of Twin Lake Michigan died at the scene of the crash, and officials say two others are on life-support in critical condition. Five other riders were also hurt, and two other bikers escaped injury because they were not hit. Authorities said Lovelace drove his car across a center line, and struck the oncoming bikers who were heading home from Milwaukee. Investigators said they found drug evidence on Lovelace, but he denied taking anything besides his two daily medications. The car driver is due back in Fond du Lac County Circuit Court next Friday for a preliminary hearing on his current charges.

May was Safest on Record Since WWII

6/8/12 - Forty-six (46) people were killed in Wisconsin traffic crashes last month – the lowest for May since World War Two in the mid-1940’s. The state D-O-T says that last month’s traffic deaths were four fewer than the same month a year ago, and nine fewer than the average for the last five years. Six people lost their lives on Wisconsin roads during the Memorial Day Weekend, down from seven last year. There was one motorcycle fatality in Dodge County last month. For the year as a whole, the state’s highway death toll is 14% higher than in the first five months of 2011. Two-hundred-three (203) people were killed in statewide crashes from January-through-May, 25 more than the year before. Five people have died on Dodge County roadways this year. State Patrol Major Sandra Huxtable says officials are trying to reduce fatal crashes with better roads, tighter law enforcement, and education. With summer being the deadliest time on state highways, Huxtable said quote, “We are striving to reverse this tragic trend.”

Boy Who Hit Young Girl With Arrow Could Be Charged as an Adult

6/8/12 - Prosecutors are saying the 16-year-old boy accused of shooting a Campbellsport girl with an arrow should be charged as an adult.  Aryanna Schneeburg was hit in the back May 21st while playing with friends.  The seven-year-old girl had to go through a surgical procedure.  The teenage suspect reportedly told police he and a friend were shooting at squirrels when one of the arrows they were shooting went astray.

Teen Facing Felony Charge for Setting a Car on Fire

6/8/12 - A Juneau teen told police he was “just being stupid” but now he is facing felony charges for allegedly setting a car on fire. Tyler Jung is charged with Arson for the incident on Wednesday in the Town of Lowell. According to the criminal complaint, a friend of Jung’s left his 2000 Chevy Lumina on property Jung was renting after it ran out of gas. Jung and his friends spend the next couple days vandalizing the car, firing a shotgun at it, flipping it over and using lighter fluid to burn the paint off. The 18-year-old told police he thought the fire he set on the hood of the vehicle had burned itself out, so he walked away. A short time later the car was engulfed in flames and the firefighters from Lowell and Reeseville had responded to the scene. When the owner of the car was contacted, he initially told police the two would handle it themselves because he did not want get his friend in trouble. He called police back a short time later and said Jung was not taking it seriously and he wanted to press charges. He had been planning to sell the car for $5000. Jung could spend up to three-and-a-half years in prison if he is convicted. A signature bond was set at $1000 yesterday and a preliminary hearing is scheduled next month.

Johnson Votes Against 2012 Farm Bill Going to Senate Floor

6/8/12 - Wisconsin Republican Ron Johnson was one of only eight U-S senators who tried to stop the Senate’s version of the 2012 Farm Bill from reaching the floor of that chamber for consideration. The Senate voted 90-to-8 yesterday to send the federal farm policy package to the floor for a debate and a consideration of amendments that could take several weeks. Wisconsin Democrat Herb Kohl voted with the majority that let the bill proceed. There was no immediate word on why Johnson tried to block the package. Among other things, it would cut spending on federal farm programs by almost 24-billion-dollars over a decade – mostly in direct payments to farmers. There have been disagreements on various parts of the Farm Bill, mainly by geographic lines. Lawmakers from the South said it hurts the safety net for peanut-and-rice farmers, while favoring Midwest crops like corn and soybeans. And the Brownfield Ag News Service says the dairy industry remains divided on parts of the Dairy Security Act that’s in the Farm Bill. Some say a supply management control would discourage investments in dairy growth, and possibly make the U-S an unreliable supplier on the world market. Others say the plan doesn’t do enough to secure the incomes and futures of dairy farmers.

$125M Spent on Recall Elections Over Past Year

6/8/12 - Candidates and special interest groups will have spent well over $125-million dollars on ten Wisconsin recall elections over the past year. And that does not include whatever was spent on this week’s lieutenant governor’s recall vote, plus contests in four state Senate districts. The Wisconsin Democracy Campaign said today that Governor Scott Walker’s recall challenge will cost $75-to-$80-million dollars alone. And last year’s nine Senate recall contests cost an estimated $44-million in campaign ads.

Tuition at UW Campuses Going Up 5.5%

6/8/12 - For the sixth year in a row, tuition at the University of Wisconsin’s four-year campuses will go up by the state’s legal maximum of five-and-a-half (5.5%) percent. The U-W Board of Regents voted 17-to-1 in Milwaukee yesterday (Th) to approve the tuition hike, which System President Kevin Reilly said was necessary to partially make up for cuts in state aid. Regent Charles Pruitt said it’s better than cutting even more U-W spending – which he said would lead to larger class sizes and students needing an extra year to get their diplomas. But Regent John Drew said he could not support a tuition hike, considering that average family incomes in Wisconsin have not been going up. Students at the four-year campuses can plan on budgeting an extra $400 dollars for their tuition during the coming year, with no increase in financial aid. Regent Gerald Whitburn suggested a lower tuition hike of four-percent. But the panel voted it down 15-to-3.

2nd Annual Civil War Re-enactment in BD

6/8/12 - A Civil War re-enactment will be held in Beaver Dam’s Edgewater Park this weekend. The free, family-friendly event is sponsored by the Beaver Dam Exchange Club and Tenth Tennessee Company D. Organizer Robert Krist says the re-enactment features authentic civilian and soldier encampments, with participants dressed in period-specific uniforms and firing historically-accurate muskets and canons. Krist says there is a general blueprint for the battles that is based on historical fact. The Civil War Re-enactment is free to attend and will be held tomorrow (Saturday) from 9am to 5pm and Sunday from 9am to 4pm, with battles each day at 1pm. Food and refreshments will be available. Edgewater Park is located off Highway 33 on Beaver Dam’s north side. 

BD River Market Returns this Weekend

6/8/12 - The Beaver Dam River Market returns to the downtown Tower Parking lot on Saturday. It’s the second year for the farmer’s market-type event, which is held on the second Saturday morning of the warmer weather months.  The theme this weekend is “Health and Wellness.” The Beaver Dam Community Hospital will be providing blood pressure and blood sugar tests. There are over 20 vendors signed-up for tomorrow – more are welcome – they will be selling everything from food to produce and a variety of craft items. Breakfast will be served and someone will even be serving popcorn from an antique popcorn wagon. Live music will be provided by Beaver Dam-native Elwood Lee. The River Market is held from 8am until noon.

Thursday, June 7, 2012

Top Stories June 7th


Vote For Waterworks Park Project $100K Grant

6/7/12 - Beaver Dam’s Waterworks Park Project is in the running to win $100,000. For the third year, Coca-Cola is sponsoring the “America Is Your Park” campaign to and some park some where can win the title of “America’s Favorite Park” and a six-digit recreation grant. The park that secures the most online votes can get the top prize, second place is good for $50,000 and third place earns $25,000. Right now, the Waterworks Park Project is in tenth place nationwide. The Waterworks group is seeking to create Dodge County’s first all-inclusive park that children of all abilities can access. To vote, check out the Waterworks Park Project on Facebook, you can find links on our facebook page or go to www.livepositively.com. You can vote as many times as you want.

New Box Store Coming To Beaver Dam

6/7/12 - A new retail chain is coming to the Heritage Village Mall and Shops in Beaver Dam.  Developer Todd Hedberg announced Wednesday that Jo-Ann Fabrics, a specialty retailer of crafts and fabrics, will be setting up shop next to the Slumberland/Sears store. He says the store will have it’s own entrance and make up 15,000 square feet.  As for employment, the store will have five full-time management positions and another 25 to 30 part-time positions.  Hedberg says the store is just another step in the continued revival of the mall area and says they could add another big box store in the next six months or so.  Jo-Ann Fabrics is expected to open next February or March. 

Klodowski Pleads ‘Not Guilty’

6/7/12 - A Beaver Dam teen entered a “not guilty” plea at arraignment yesterday to charges that he injured several passengers in a November drunken driving accident. Adam Klodowski was southbound on Thompson Road with five other teenage passengers around 11:30pm when the 18-year-old lost control near Highway 33 and rolled the vehicle into a ditch. Klodowski was one of the three ejected. The victims injuries included punctured lungs, bone fractures, broken backs and snapped vertebrae. Klodowski reportedly admitted to investigators at the scene that he had consumed six beers while driving in the truck. His blood alcohol level was allegedly point-one-two-two (.122). Klodowski is charged with four felonies and six misdemeanors, which – if he is convicted -- carry a combined maximum of 31-years in prison.

Columbus Looking at Demerit Points Ordinance

6/7/12 - The Columbus Council is discussing enforcement of the Demerit Points Ordinance. Some council members feel that an incident between bar patrons at “The Cage” last August was serious enough to consider revoking or suspending their liquor license. Bar owner Chad Purvis and operator Jolyne Meier have already paid fines in Municipal Court related to the incident. Cage attorney Rick Petri questioned the Police Chief Dan Meister’s assessment of 230 demerit points for the incident. The Council will meet again on June 19th to decide what course of action to take on the licenses.

Democrats Control of the Senate Could Be Short-term

6/7/12 - Democrats say they’ll move ahead with some things but not others, as they plan to assume the majority in the state Senate for at least the next seven months. The Democrats needed to win one-of-four recall contests on Tuesday to take control at least until November, when half the Senate’s up for election. They appear to have defeated Racine Republican Van Wanggaard. But he has not conceded, after losing by just over one-percent to Democrat John Lehman. Wanggaard said his election was rife with voting irregularities and uncounted absentee ballots. And he’ll consider a recount after an official canvass which starts next Tuesday. But Senate G-O-P leader Scott Fitzgerald says Wanggaard’s 779-vote margin is a lot to overcome. He’ll wait and see what happens. But if Lehman wins, Fitzgerald promised full cooperation in handing control to the Democrats. Yesterday, Monona Democrat Mark Miller proclaimed himself as the new majority leader. He said one of his goals is to force a G-O-P minority to disclose records showing how they secretly drafted the new legislative districts to be used for the next decade. Technically, Democrats could claim committee chairmanships, larger offices, bigger staffs, and higher pay for aides with their newfound majority. But Madison Democrat Fred Risser, who could become the Senate’s president, said those things will probably wait until after November. The legislature isn’t expected to meet prior to the election.

Walker Moving Forward After Recall Attempt

6/7/12 - `Governor Scott Walker received a three-minute standing ovation from his Cabinet yesterday afternoon. He and Lieutenant Governor Rebecca Kleefisch circled the table in the Governor’s Conference Room and hugged the head of every state agency. The Republican Walker survived his recall challenge with a seven-percentage point victory over Democrat Tom Barrett. Walker said he spoke with Democratic legislative leaders and state public school Superintendent Tony Evers – and he offered to work with them to create jobs. Walker said he has a sense that most people want to move on from the politically-divisive recall effort. And he said he would not back down on his promise to create a quarter-million private sector jobs by the time his term is scheduled to end at the start of 2015. Walker said quote, “There’s a lot of work that needs to be done, to get people of the state back to work.” After his initial comments, Walker met in private with the Cabinet.

Petri Coming to Dodge County

6/7/12 - Congressman Tom Petri will be in Dodge County next week as part of a series of Town Meetings. The Republican from Fond du Lac will be at the Horicon City Hall next Wednesday from 2:30pm to 3:30pm. He will then spend an hour at the Dodge County Administration Building beginning at 3:30pm. Later this month, US Senator Herb Kohl will hold office hours in Beaver Dam. No appointment is necessary to speak with Kohl’s Regional Representative on Monday, June 18 at the Beaver Dam Senior Center from 3:30pm to 4:30pm.

DNR Sets Grey Wolf Hunt Quota

6/7/12 - The state D-N-R has set a preliminary quota of 142-to-233 grey wolves for the new hunting-and-trapping season that’s scheduled to begin in October. Wildlife manager Bill Vander Zouwen said his agency is trying to be conservative for the initial hunt, to make sure a long-time recovery of the grey wolf in the Badger State continues. The state had around 800 wolves as of last winter. The D-N-R’s recovery goal was 350 outside of Indian reservations. The Legislature and governor approved the wolf hunt earlier this year, after the animal was removed from the federal endangered species’ list. The season would run from mid-October through February in about the northern quarter of the state, as well as a zone in west central Wisconsin. The D-N-R is establishing seven wolf harvest zones. Public hearings are being held on the new season before it gets final approval from the Natural Resources Board.

Boy Killed While Sitting at Picnic Table

6/7/12 - A seven-year-old boy killed in a freak accident in Madison was identified yesterday as Aiden Mueller. Police said his family was eating dinner at a picnic table on Tuesday evening when a car left a nearby street, hit a tree, went airborne, and landed on the dinner table. It happened behind the First Business Bank Center where Aiden’s father Jonathan Mueller works. Police said the 59-year-old female driver might have suffered a medical condition at the time of the incident. That possibility is still being investigated. The 38-year-old Mueller and his four-year-old daughter Elizabeth both had non-life-threatening injuries. Jonathan’s 36-year-old wife Amy Mueller was critically injured, and was hospitalized in stable condition at last word.

Fake $20 Bill Surfaces in Beaver Dam

6/7/12 - A counterfeit $20 bill was passed at the Beaver Dam Kwik Trip on Tuesday evening. The Beaver Dam Police Department says the phony bill was used to pay for services at the North Spring Street location. Anyone with information is asked to contact the Beaver Dam Police. The bill has been turned over to the Secret Service for investigation.

Powerball Jumps Over $200M

6/7/12 - The Powerball jackpot has gone above 200-million-dollars for the second time this year. Nobody won the top prize last night. And again, players from Wisconsin did not have much luck. Two-hundred-dollars was the most anybody won in the Badger State, and eight tickets did that by getting the Power Play option and matching four regular numbers or three-plus-the-Powerball. Just over 14-thousand-400 Wisconsin players won something. About 75-hundred won four-bucks by matching the Powerball. Last night’s numbers were 19, 30, 33, 48, and 59. The Powerball was 27. Saturday’s jackpot is the biggest since a 325-million-dollar prize was won on February 11th. The cash option for Saturday is just under 140-million dollars. In Mega Millions, the jackpot is at 22-million dollars for tomorrow night.

Monday, June 4, 2012

Top Stories June 4th


Wauwatosa Man Killed In Lowell Motorcycle Wreck

6/4/12 - A Wauwatosa man out on a morning motorcycle ride with his eight-year-old grandson crashed his bike near Lowell just before noon Sunday and died at the scene. According to the Dodge County Sheriffs Department, the 51-year-old was westbound on State Highway 16-60 near County Highway J when, for an unknown reason, the motorcycle veered to the right, onto the shoulder of the road and struck a mailbox. He was pronounced dead by MedFlight personnel. The eight-year-old was transported to Beaver Dam Community Hospital for precautionary reasons. The crash is under investigation and any witnesses are encouraged to contact the Dodge County Sheriffs Department.

Fitzgerald, Compas Clash On Mining Bill

6/4/12 - The Senate Majority Leader says if the GOP retains its edge in the legislature following tomorrow’s historic election, the state’s mining laws would become a top priority. State Senate recall candidate Scott Fitzgerald of Juneau told us on WBEV’s Community Comment last week that he is confident revamping the state’s mining laws will create 2000 well-paying jobs up north, and more work at southeastern Wisconsin companies like Caterpillar and Bucyrus. His opponent, recall organizer Lori Compas of Fort Atkinson, was shocked to hear the Republicans would let industry draft their own regulations. Compas says the mining company would obviously push for the cheapest mining methods possible to maximize profit at the expense of the environment. Fitzgerald says its common practice to invite business or other affected groups into the legislative process because lawmakers are not experts on all the technical aspects of a bill.  Compas says there is already a hearing process in place that would provide lawmakers with the information and insights needed to draft balanced legislation to benefit both industry and the environment.

Walker, Barrett Campaign at Same Event

6/4/12 - Despite a sign reading, “Please, no political solicitation”, Wisconsin’s biggest politicians descended on one of the biggest Dairy Month breakfasts in Brown County yesterday.  Over five-thousand people chewed on cheese and the state of Wisconsin’s future after tomorrow’s recall elections. Governor Scott Walker and his Democratic opponent Tom Barrett campaigned within a few yards of each other. Barrett was again with retiring U-S Senator Herb Kohl. And one of the men who hope to replace Kohl, Republican Tommy Thompson, was at the breakfast as well. Thompson said Walker would win a “sizable victory” tomorrow, and it would energize Republicans going into the fall contests. Walker said he wondered why President Obama passed on visiting Wisconsin to campaign for Barrett, when he was in neighboring Minnesota last week. Barrett said he was satisfied with the support he got from the national party and former President Bill Clinton. And Barrett said the state’s massive energy would put him over the top. The candidates are criss-crossing the state one final time today.


Newest Assembly Candidate Seek ‘Common Ground’

The latest Republican candidate to throw his hat into the 39th Assembly District race says he was motivated to run because of the protests in Madison over collective bargaining restrictions. Don Lechner says the protests were “disrespectful” and nothing more than “mob rule.” While he is reluctant to stake a position on the future of collective bargaining for police and fire unions, Lechner does support the general concept of union representation. He says it’s more important though for Americans to set aside party preferences and find common ground.  Lechner will face Tracy Heron and Mark Born in an August primary. The winner is expected to face Democrat Jim Grigg in November for the seat being vacated by US Senate candidate Jeff Fitzgerald of Horicon. 

Fink: ‘Media, Nuns Helped In Campbellsport Arrow Arrest’

6/4/12 - Fond du Lac County Sheriff Mick Fink says he does not believe the amount of tips they received about a seven-year-old Campbellsport girl’s shooting with an arrow increased dramatically after the reward was increased to $10,000. However he says it did put the pressure on leading to the arrest of a 16-year-old Campbellsport boy. The 16-year-old was referred to juvenile authorities on charges of Second Degree Reckless Injury and Obstructing charges. A 17-year-old Campbellsport boy who was with him when he was shooting at squirrels could also face an obstructing charge depending on what the District Attorney decides.

Former Mayville Teacher Arraigned On Assault Charge

6/4/12 - A former Mayville High School teacher accused of having a sexual relationship with a 17-year-old student waived her right to a preliminary hearing on Friday and then entered a “not guilty” plea to 12 felony charges. 43-year-old Shannon Cardinal allegedly struck up a five-month relationship with the student last December.  Cardinal and the teen reportedly had several encounters at her home in Oakfield.  The boy moved out-of-state in March, and his sister discovered the relationship after catching the two at the family’s home in Iowa.

Columbus City, School Officials Talk Athletic Fields

6/4/12 - The future of Columbus ball fields was discussed during a rare meeting between city and school district officials late last week. City-owned fields are currently used by the schools on a regular basis. Discussions are focused on who should own and pay for field maintenance. Results from a recent UW survey of city residents indicated that most people felt that those who use the facilities should pay for them. A four-person Joint Sub-Committee was formed to develop an agreement on future ownership and maintenance of recreational facilities.

Eastwood Baseball Movie Filming In Milwaukee

6/4/12 - For the third time, a major baseball movie will have at least a few scenes shot in Milwaukee. Clint Eastwood will star in a film called “Trouble With the Curve.” It’s due out in September. Eastwood will portray an older baseball scout who takes a road trip with his daughter, played by Amy Adams. Baseball Commissioner Bud Selig will be in a few scenes – and he was filmed at his office in Milwaukee’s downtown U-S Bank building. None of the actors were present for the Milwaukee filming. It’s the first motion picture that Eastwood has starred in – but not directed – since 1993. Milwaukee’s other two baseball movies had extensive scenes of the city and its baseball stadiums – the first “Major League” in 1989, and “Mister Three-Thousand” in 2004.

Large Crowd Enjoys Kids Fish and Fun Day

6/4/12 - Organizers were anticipating around 150, but over 200 kids wound up registering this year to get free fishing poles and tackle buckets at Saturday’s Kids Fish and Fun Day. DNR South Central Regional Director Mark Aquino was at Beaver Dam Lake along with his wife and two kids. Aquino called it a great event that exposes children to nature and the outdoors at a young age allowing them to grow up caring about Wisconsin’s recreational opportunities. It was the tenth year for Kids Fish and Fun Day and over 1200 kids have participated to date. The Beaver Dam Lake Improvement Association, Beaver Dam Bass Anglers and Senior Center Fishing Club sponsored the event.

Wednesday, May 30, 2012

Top Stories May 30th


DPI Issues Report on Seclusion Room in WASD

5/30/12 - The Waupun School District has been ordered by the State Department of Public Instruction to stop using their controversial “seclusion room” at Rock River Intermediate until corrective actions have been taken.  The district came under scrutiny earlier this month after a parent complained that the room was used to punish her autistic child. By law, seclusion rooms can be used to diffuse a violent outburst. Mandy Rennhack had asked special education teachers last fall to stop placing her ten-year-old son into the 5-by-7-foot padded plywood box when he was having discipline issues – and said she’d pick him up from school instead. Rennhack was furious when she learned that the box was used again in March. The district requested the state inspection, which took place on May 17. According to Stephanie Petska, the DPI’s Special Education Director, says the school’s use of the seclusion room was not consistent with the department’s directives. The report completed May 23 and obtained by WBEV yesterday says seclusion rooms are meant to maintain safety and (quote) “may only be used as a last resort when a student’s behavior presents a clear and imminent risk to the physical safety of the student or others.” The report says it “must not be connected to serving a ‘time-out’ or any other type of discipline.” The corrective actions the district was ordered to perform include proper ventilation, removal of the door lock and the installation of a large window or round unbreakable mirror. The report also calls for staff to be trained on appropriate uses of a seclusion room. Superintendent Don Childs did not immediately return our phone calls but told us last week before the report was issued that the seclusion room would not be closed for the rest of the school year. He also outlined changes the district was voluntarily taking, some of which are not required, including the installation of floor covering over the concrete tiles. The report did note appreciation for the district’s responsiveness and willingness to work with department staff.

Girl Struck By Arrow is Back Home

5/30/12 - A seven-year-old Fond du Lac County girl is home from the hospital, after she was hit in the back by an arrow while playing with her friends. Aryanna Schneeberg was shot on May 21st outside her home in Campbellsport. She had the arrow removed during a procedure at Milwaukee Children’s Hospital. Fond du Lac County Sheriff Mick Fink spoke with the youngster Tuesday to get her side of the story. Her mother, Laura Schneeberg, said investigators continue to follow a number of leads. But no one has been arrested yet.

Registry for Vacant Building in BD a Possibility

5/30/12 - City officials in Beaver Dam are hoping to establish a registry for vacant buildings. The ordinance would cover all non-residential structures, primary commercial, manufacturing and industrial buildings. Mayor Tom Kennedy says there have been dozens of reasons over the years to assemble such a list, many stemming from the 2008 floods. Some buildings had standing water in basements for months, breeding mold and unpleasant odors. In one instance, a homeless person had been discovered living in the balcony of a flood-ravaged building. Under the proposed ordinance, owners of vacant buildings would have 30 days to register with the city. The proposed ordinance passed through the city’s Plan Commission and is headed to the Operations Committee before consideration by the full council.

Walker Raises $6M and Barrett $3.5M According to Latest Figures

5/30/12 - Governor Scott Walker’s campaign raised almost six-million-dollars in a four-week period ending May 21st. And his Democratic challenger Tom Barrett raised almost three-and-a-half million. With Walker’s recall election just six days away, finance reports filed yesterday show that both campaigns had about the same amounts on hand, around one-and-a-half million dollars. But daily reports of large contributions showed that the Republican Walker had raised an additional 860-thousand between last Wednesday and Sunday. And Barrett received an additional 261-thousand. As a recall target, Walker was able to raise unlimited amounts to cover debts incurred before the election was officially scheduled. And his new report shows that Walker continues to bring individual donations of up to 100-thousand-dollars – well above the normal 10-thousand limit that Barrett must follow under normal election laws. Barrett spokesman Phil Walzak says their campaign is getting tremendous grass-roots support. Walker has now raised a record-shattering 31-million dollars since January of 2011. Ciara Matthews of the Walker camp says it reflects people’s enthusiasm for the governor’s budget changes that included the near-elimination of collective bargaining for most public unions. That’s the issue which spurred the recall effort in the first place.

Walker Won’t Pardon Former Aides Involved in John Doe

5/30/12 - Governor Scott Walker said Tuesday he would not pardon any of his former Milwaukee County aides who are convicted in the ongoing John Doe probe. Tom Barrett, the Democratic challenger in next Tuesday’s Walker recall election, had questioned earlier whether the governor would pardon any of his former aides. But the Republican Walker said he mentioned before that he’d never do that – and he said Barrett knows it. Walker accused Barrett of quote, “trying desperately to talk about anything except the success of our reforms.” Walker said he’s responsible for a billion-dollars in state-and-local government savings, plus the creation of over 30-thousand jobs. Walker also said Barrett – the Milwaukee mayor – is trying to divert attention away from Barrett’s record in the city. Former Walker aide Darlene Wink struck a plea bargain, and was convicted of a minor charge in exchange for information to prosecutors. Four other Walker aides and associates – including Kelly Rindfleisch of Columbus –
remain charged in the John Doe, which involves Walker’s years as the Milwaukee County executive. The charges include embezzlement and campaigning on taxpayers’ time.

Man Charged with Stealing Scrap Metal

5/30/12 - A West Allis man is accused of stealing thousands of dollars worth of scrap metal and other equipment from a Town of Ashippun shed. Joseph Mazzone is charged with felony Burglary and misdemeanor Attempted Theft, which carries a maximum prison sentence of nearly 13 years, if he is convicted. According to the criminal complaint, Mazzone is friends with a family renting a house on the property in question and was reportedly caught red-handed by the property owner. The victim removed the keys from a vehicle Mazzone was using to keep him from fleeing the scene. The 22-year-old nonetheless took off on foot. Mazzone is accused of stealing an electric generator, a boat anchor, lawn mower, aluminum rims and assorted scrap metals. The tenant was apparently not aware the items were being stolen, even though Mazzone – who is friends with her son – was using her car. Mazzone had a signature bond set at $1000 yesterday and a preliminary hearing is scheduled next month.

Preventing Drug Abuse Near the Top of BD Elks Lodge Agenda

5/30/12 - Rob Radig with the Beaver Dam Elks Lodge says his group wants to be interactive in the community and get people involved in preventing drug abuse. Radig was recently re-elected as a State Officer and also received a commendation award for work he has done on the state Committee on Drug Awareness.  Radig, a Beaver Dam alderman and past Exalted Ruler of the local lodge, coordinates the three drug awareness trailers available by the Elks for statewide use. The trailers are stocked with information on the dangers and warning signs for all types of drugs, along with other positive activities that promote a healthy lifestyle.
More information is available at www.elks.org.

Meetings on New Wolf Hunting Season to be Held

5/30/12 - Four meetings will be held next month, to give Wisconsinites a say on the new wolf hunting-and-trapping season. Earlier this year, lawmakers and the governor approved a season that runs from October 15th through the end of February. The Natural Resources Board must still approve the finer details – like the number of hunting-and-trapping permits to be issued, and harvest quotas in various parts of the state. The public meetings will start at 6 p-m on four dates in June – on the sixth at Spooner High School, June eighth at Black River Falls Middle School, June 14th at the U-W Fond du Lac auditorium, and June 15th in Rhinelander at James Williams Middle School. The D-N-R Board plans to vote on the final wolf hunt details at its July 17th meeting in Stevens Point.

Compas, Virgil on Community Comment Today

5/30/12 - On WBEV’s Community Comment this afternoon we begin a two-day look at the recall election in the 13th State Senate District. Democrat Lori Compas of Fort Atkinson will join us at 12:35pm to discuss her efforts to unseat longtime Republic incumbent Scott Fitzgerald of Juneau. In our second segment today, our guest will be Libertarian recall candidate Terry Virgil. Tomorrow, Senate Leader Fitzgerald will be our guest at 12:35pm.

Tuesday, May 29, 2012

Top Stories May 29th


Memorial Day Celebrated in Beaver Dam

5/29/12 - Hundreds lined the streets of Beaver Dam yesterday as the Memorial Day Parade made it’s way through the downtown.  Veterans, local marching bands along with police and fire personnel were among the participants and it all led to the Veteran’s Memorial at Oakwood Cemetery.  It was there that the men and woman who have lost their lives fighting for our country and those that are still fighting were honored with a ceremony, that included patriotic songs played by the Beaver Dam High School Band, a flyover and speeches. The featured speaker was Staff Sergeant Christopher Ackley, who just got back from a second deployment overseas.  He said while many consider Memorial Day just another day, he says it makes him think of all the veteran’s that came before him and those that will come after him.  
 
Severe Weather Hits Southern Wisconsin

5/29/12 – A funnel cloud was spotted late yesterday east of Oregon in Dane County. It highlighted another day of severe weather which hit various parts of Wisconsin throughout the Memorial Day Weekend. Four cars were destroyed by fallen trees in Wisconsin Dells yesterday. Winds hit 72-miles-an-hour near Montello in Marquette County, which took down tree branches and barn shingles. There were reports of hail throughout south central and southeast Wisconsin, as well as the far north. Tennis-ball-sized hail fell just outside Montello.  Much of the severe weather missed Beaver Dam but the southern and eastern portions of Dodge County did see strong winds.  Gusts of 46-miles-per hour were reported at the airport in Watertown and 50-miles-per-hour in Oconomowoc.  Trees and branches were also down in Green and Jefferson counties, and a tree fell onto a house in Waukesha. The storms left Wisconsin last night and headed east. And it left us with cooler air during the night with lows between 50-and-60. After a mild day today, temperatures may not get out of the 60’s anywhere in Wisconsin until Saturday.

Man Found in Lake Winnebago Identified

5/29/12 – Calumet County Sheriff's officials say a 56-year-old Franklin, Wisconsin man whose body was recovered floating in Lake Winnebago last Friday afternoon died from drowning. An autopsy on Anthony Albanese determined drowning as the cause of death. A fisherman found Albanese floating in the water. Fond du Lac County Sheriff's deputies recovered the body about three miles west of Brothertown and turned it over to Calumet County Sheriff's official. The autopsy was performed at the Fond du Lac County Medical Examiner's Office Saturday. (KFIZ, Fond du Lac)

Holiday Can’t Stop Early Voters

5/29/12 – Recall fever never seems to take a holiday in Wisconsin anymore. In Milwaukee, hundreds of people spent part of their Memorial Day waiting in line to cast absentee ballots in advance of next Tuesday's recall elections. Some voters said they wanted to avoid the crowds and the partisan activity near the polls. Others said they wanted to get their own voting out of the way, so they could help others get to the polls. There are relatively few undecided voters, so both parties say this election's about identifying their supporters and getting them to vote next Tuesday. The A-P said it interviewed supporters for both Governor Scott Walker and his Democratic recall challenger Tom Barrett. Early voting took place yesterday in Madison as well as Milwaukee. It ends on Friday statewide. Meanwhile, both candidates for governor kept their campaigning to a minimum on Memorial Day. The Republican Walker appeared at a suburban Milwaukee cemetery, and at an Armed Forces Reserve center in Madison. Barrett appeared at a holiday parade in Beloit, where his wife Kris is from. Barrett had also planned to stop at Madison's Brat Fest.

Four Senate Recall Elections Could Change Balance of Power

5/29/12 – Wisconsinites are focused on Governor Scott Walker’s recall election. But relatively little statewide publicity has been given lately to the four state Senate contests next Tuesday – and how they could affect the balance of power in the Legislature. The impact will not be noticed right away, because lawmakers won’t go back into session until two months after November’s scheduled elections. But the Joint Finance Committee can still make decisions without the full Legislature’s approval. And if Democrats can win just one of next Tuesday’s four contests, they could gain a little edge by taking over the Senate majority. If nothing else, Senate Republican Leader Scott Fitzgerald tells Politico-Dot-Com that next Tuesday could either create momentum for his party in November or quote, “stymie our ability to make the case that we’re going to roll right into November and add to our majority.” Fitzgerald, of Juneau, faces a recall challenge from Democrat Lori Compas of Fort Atkinson. In the Racine area, Republican Van Wanggaard will run against the incumbent he defeated in 2010, Democrat John Lehman. In the Eau Claire region, Republican Terry Moulton faces former Assembly Democrat Kristen Dexter. And in north central Wisconsin, Assembly Republican Jerry Petrowski faces Assembly Democrat Donna Seidel for Galloway’s former Senate seat.

Memorial Day Celebrated Throughout Wisconsin

5/29/12 – Thousands of Wisconsinites took time out yesterday to remember the nation’s fallen military heroes. Mostly dry-and-muggy weather marked numerous Memorial Day parades and ceremonies throughout the Badger State. At Wood National Cemetery in Milwaukee, re-enactors from various wars told personal stories of some of the 37-thousand-plus veterans buried there. Governor Scott Walker received a warm welcome when he spoke at the Milwaukee ceremony – and he stayed for over a half-hour afterward to shake people’s hands and pose for pictures. Later, at Madison’s Armed Forces Reserve Center, the governor paid tribute to Wisconsin military personnel killed over the last year – as well as the 33-thousand state residents now serving. Walker’s opponent in next Tuesday’s recall election, Tom Barrett, marched in the Memorial Day Parade in Beloit. That’s where his wife Kris is from.

Two Charged For Allegedly Stealing From FDL Stores

5/29/12 – Two people are facing charges for allegedly stealing nearly $1,400 in items from Wal-Mart and Target Stores in Fond du Lac. Police arrested 26-year-old Megan Forbes of Randolph and 29-year-old Matthew Hill of Madison in the parking lot of the Fond du Lac Wal-Mart last Thursday. The two were near a vehicle with a flat tire. A large quantity of merchandise was in the vehicle. Both made initial appearances in Fond du Lac County Court last Friday morning. They were charged and cash bonds were set, $300 for Forbes and $200 for Hill. (KFIZ, Fond du Lac)

EMS Contract Up for Discussion in Waupun

5/29/12 – The Waupun Common Council will hold a special meeting at the Waupun Public Utilities at 5:30 p.m. during which the Council could select a new ambulance provider for the City. For 33 years Brooks Ambulance served the City, but failed to meet state standards during an inspection last month. Paratech Ambulance Service of Milwaukee and Lifestar Emergency Medical Services of West Bend were expected to submit bids for an annual contract with the City. Lifestar has served Waupun in the interim basis. (KFIZ, Fond du Lac)

BDACT Looking for “Rapping Granny”

5/29/12 – The Beaver Dam Area Community Theater is looking for a “rapping granny.” Their big summer show is “The Wedding Singer” a musical based on the hit Adam Sandler-Drew Barrymore romantic comedy. One of the more memorable funny moments in the movie comes courtesy of Rosie, the hip grandmother of Sandler’s ‘Robbie’ who bust’s mad freestyle hip-hop rhymes on the Sugarhill Gang’s “Rapper’s Delight.”  The production crew is also casting for Robbie’s evil, on-again-off-again fiancĂ©e Linda who left poor Robbie at the alter and also tried to steal his VanHalen shirt.  In addition to those two speaking roles, there is room for more singers and dancers for the ensemble. A third night of auditions has been added tomorrow from 6:30pm to 9pm at the Beaver Dam Area Community Theater building on North Spring Street.  It’s also not too late to pitch a show for next year. Those interested are invited to attend a production meeting that will also be held tomorrow at the theater building, in the offices, also starting at 6:30 pm. The Beaver Dam Area Community Theater has four main stage shows throughout the year, including a holiday show, and a variety of small stage productions.

New Lottery Millionaire

5/29/12 – It’s day is the first day that Wisconsin's latest million-dollar lottery winner can cash in. A Mega Millions' ticket sold in Wausau on Friday night matched five regular numbers with the Megaplier to win a million-dollars. The ticket-holder has six months to claim the prize at the Wisconsin Lottery office in Madison -- and today's the first day the office will be open since Friday's drawing. The winning ticket was sold at the Fast Break Mobil station in Wausau. It's Wisconsin's third million-dollar lottery winner this month. A Chilton woman won a million-dollars and Milwaukee man won two-million, both in the May 16th Powerball game. The next Mega Millions' drawing is tonight, and the jackpot is 32-million dollars. The next Powerball drawing is tomorrow night, with a jackpot of 146-million with a cash option of around 95-million.

Monday, May 28, 2012

Top Stories May 28th


Memorial Day 2012

5/28/12 - It’s Memorial Day and that means a day full remembering and honoring those that died protecting our freedom as part of our armed forces.  There are events throughout the area today, and you can find a full list on our website wbevradio.com.  Here at WBEV, we’ll be broadcasting the Beaver Dam Memorial Day Ceremony live from Oakwood Cemetery starting at 10:15am. The speaker is Staff Sergeant Christopher Ackley, who is returning home to Beaver Dam after a nine-month deployment to Afghanistan.  Ackley joined the US Army Reserves in 2002 and is a combat medic with the 432nd Civil Affairs Battalion in Green Bay.  He is a firefighter and EMT with the Beaver Dam Fire Department and also works part-time at the Beaver Dam Community Hospital. Prior to the ceremony there is a parade from downtown Beaver Dam to the cemetery and organizers are asking service organizations, bands, schools, churches, and others to enter a float or marching group. Parade entrants are asked to assemble in the West Tower Parking lot around 8am.  The parade will start at Front and Center Street and continue on to the Veterans Memorial at Oakwood Cemetery on Highway 33. The theme this year is “The Year of the Veteran 2012” and is meant to especially honor servicemen and women returning from Iraq and Afghanistan. Along with the ceremony, we’ll be playing Jerry Stewart’s “Remember Me” at 9am, reading the names of the Beaver Dam men who have died in combat at 10am and patriotic music throughout the day. 

Body Found in Lake Winnebago

5/28/12 - A fisherman spotted a body floating in Lake Winnebago Friday afternoon.  The Fond du Lac County Sheriff’s office says the caller provided GPS coordinates, leading deputies to the body about three miles west of Brotherton in Calumet County.  An empty vehicle and boat trailer had been sitting in a parking lot on the other side of the big lake for the last five days.  So far, no reports of a drifting boat have been made.  An autopsy on the body was done yesterday in Fond du Lac County.  Authorities haven’t released the victim’s name yet.

Driver Arrested After Crashing Through Fence

5/28/12 - A 30-year-old man was arrested early Saturday afternoon after crashing through the fence of a home in the town of Hubbard.  Authorities responded to a residence off Highway 33 after taking a report of a man losing control of his vehicle, driving onto a yard and through a fence, hitting a septic tank cover and continuing on.  Police were able to get the vehicle stopped and took Sylvester Allen into custody on suspicion of drunk driving.

Man Arrested on Suspicion of Choking

5/28/12 - Fond du Lac County authorities have a Manchester man in custody after he allegedly choked a St. Agnes Hospital employee last week.  37-year-old Ricky Martin had been arrested on prior charges and was detained at the hospital.  Officials say that on Wednesday, he was walking down a hallway with the hospital employee when he pulled her into a room, grabbed her by the neck and began choking and slamming her head on the ground.  The woman was nearly unconscious when the assault ended.  Martin is facing a variety of charges.

Heating Costs Lower this Year

5/28/12 - Heating costs for customers of We Energies were 24 percent lower last winter than the previous year.  The warmest winter on record helped consumers leave their furnaces turned off much of the time.  March temperatures were reported to be 43 percent warmer than normal.  Heating costs during the November through April period were a little over 500 dollars for the typical customer, about 157 dollars less than the winter before.  

Flooding Likely in Western Part of State

5/28/12 - Flooding is likely in some parts of Wisconsin today, with heavy rains falling on already saturated ground.  High winds yesterday afternoon knocked over a tractor-trailer truck in Trempealeau County.  The truck blocked a bridge, meaning State Road 93 between Eau Claire and La Crosse was closed Sunday afternoon for about two and a half hours.  The trucker suffered minor injuries, but he refused medical treatment.  Today’s flooding danger is highest in the western part of the state.  Today’s storms have the potential to include tornadoes.  Forecasters say our area’s best chance for strong storms will be later this afternoon. 

Parking Meter Text Notification

5/28/12 - The person sitting next to you, texting, may be communicating with his or her parking meter.  Starting next month, hundreds of meters in Milwaukee and Madison will be able to send text messages when the time is almost up for their parked car.  Those car owners will be able to add more time to the meter using credit cards.  The system is already being used in Lake Geneva.  There would be an extra fee to add time to a meter through a text message.  An official with the city of Milwaukee says it will be convenient for parkers and increase revenue for the city at the same time.

DNR Says Leave Fawns Alone

5/28/12 - The Wisconsin Department of Natural Resources says if you find a fawn alone, please just leave it there.  Many people apparently think the fawns have been abandoned or orphaned and they try to feed them or take them home.  That can scare the mother away.  Does are starting to give birth to the first fawns of the year.  The DNR reminds you it is generally illegal to possess a live wild animal without a license or permit.  At the same time, the DNR is seeking volunteers to help in a research project centered on fawns.  Volunteers would capture, weigh, radio-collar or ear-tag fauns with researchers from the University of Wisconsin-Madison.

Donald Driver a Wanted Commodity

5/28/12 - Catching footballs in the high pressure environment of the Super Bowl can get you a lot of attention, but apparently not as much as showing your moves on the dance floor for a television show.  The agent for Green Bay Packers wide receiver Donald Driver says his client is in high demand since he emerged the winner on this year’s “Dancing with the Stars>”  Driver had played for the Packers since 1999, but he may be about to start a new career.  He has done work for Goodwill, Kwik Trip, McDonald’s and Nike in the past.  Agent Brian Lammi says Driver has an incredible story and is an outgoing, personable guy.  He says Driver is in a good position to add a few professional commitments.

Garbage Pickup Delayed

5/28/12 - Garbage pick-up will be delayed this week because of the Memorial Day weekend.  Waste collections by Veolia Environmental in Beaver Dam will be delayed by one day for the rest of the week.  Today’s (Mon) scheduled route will be collected tomorrow (Tues) and the pattern continues through Friday which is collected on Saturday. In addition, the Public Works Garage will be closed today (Mon).

Fairest of the Fair Deadline this Friday

5/28/12 - The application deadline for the “2012 Dodge County Fairest of the Fair” contest is this Friday. Fairest of the Fair Brianna Rhodes says they are looking for women – and men – who will be age 18 as of January 2013. Rhodes says the winner will represent the Fair Association in media and promotional events at the Dodge County Fair and other summer events.  The winner would also serve as the 2012 Fair Hostess and plan the 2013 competition. In addition, the Fairest will have the opportunity to participate in the 2012 Wisconsin Fairest of the Fairs contest. Rhodes says being Fairest has been an amazing opportunity that helped her decide who she wants to be as a person, and grow in the confidence that she can be that person. Applications information can be found on our website.

Contact Sally Schoenike, Dodge County 4-H Youth Development Agent at 920-386-3790. The application can also be found online at http://www.uwex.edu/ces/cty/dodge/4h (Click Dodge County Junior Fair and Fairest of the Fair Application under Registration Forms.)

Saturday, May 26, 2012

Top Stories May 26th


Walker and Barrett Spar Over John Doe Investigation

Wisconsin Governor Scott Walker says his opponent in the recall election keeps  bringing up the ongoing secret criminal probe because Tom Barrett wants to draw the attention away from his own record.  During last night’s recall election debate Barrett called again on Walker to release e-mails connected to the case and reveal who is funding the criminal defense fund the governor has established.  Walker said he has shown high levels of integrity his whole life and he will continue in that manner.  He repeated that he has been told by investigators he is not the focus of the case.  Last night’s debate was the first of two for the candidates in advance of the June 5th recall election. 

Pictures of Your Ballot Are Against the Law

High-ranking Wisconsin politicians say they will remove photos of their completed ballots now that they have found those postings are against the law.  State Democratic Party chairman Mike Tate and St. Croix County Republican Party chairwoman Jesse Garza are not likely to be prosecuted.  Wisconsin elections officials are reminding everyone that posting photos of their completed ballots on social networking platforms like Facebook or Twitter violates the law.  That law prohibits voters from showing their completed voting form to anyone.  It’s set up to keep voters from taking money for voting for or against a candidate or issue, then showing their completed ballot to prove they voted the way they were supposed to vote.  

Semi Hits Boat on Highway 41

A 37-year-old Waukesha-area man was lucky to escape uninjured when the vehicle he was towing was hit by a semi yesterday afternoon. It happened on Highway 41 near Lomira.  Authorities say Steven Koepke was northbound, towing a boat with his suburban, when one of his tires blew out, causing the vehicle to veer to the left, go through the median and into the southbound lanes.  That’s where the boat was hit by the southbound semi.  Koepke and the driver of the semi, a 34-year-old Illinois man, were not injured.  The crash is still under investigation.   

Memorial Day Weekend Travel Expected to Increase

5/26/12 - The Triple-“A” expects about 680-thousand people to travel at least 50-miles or more one way during the Memorial Day weekend. That’s a slight three-tenths-of-a-percent increase from last Memorial Day. About 95-percent of those travelers will drive. The D-O-T said road construction projects could affect travel on Milwaukee’s Mitchell Interchange – I-94 in Kenosha, Milwaukee, and Eau Claire counties – I-43 in Ozaukee and Sheboygan counties – and Highway 41 in Winnebago and Brown counties. There are also lane closures on Highway 151 through Beaver Dam. Work on the Wisconsin River Bridge south of Portage in Columbia County has been suspended and all lanes are open. Seven people were killed in Wisconsin traffic accidents last Memorial Day Weekend – less than the average of nine deaths over the past five years. Police are once again stepping up their enforcement of seat belt laws as part of the annual “Click It or Ticket” campaign. The Dodge and Jefferson County Sheriffs departments and the Beaver Dam Police Department are among the agencies participating. “Click It or Ticket” is one of several traffic safety initiatives planned this summer, after traffic deaths rose from a year ago.

Driver Killed on I-94 in Jefferson County

5/26/12 - Traffic was backed up for over three miles on Interstate-94 near Oconomowoc Friday after a semi-truck carrying fertilizer overturned and its driver was killed. It happened around 10:20 a-m in the westbound lanes of the interstate in Jefferson County. According to the Wisconsin State Patrol, a tire on the fertilizer truck blew out. The 68-year-old Fond du Lac man driving the truck lost control and overturned into the median.  Crews had to clean-up 35-hundred gallons of liquid fertilizer that spilled from the damaged truck.

Evans Gets Prison Time in Molestation Case

A Beaver Dam man who molested a preschool-age child was sentenced yesterday to five years in prison. Joseph R. Evans was charged felony First Degree Sexual Assault of a Child Under the Age of 12 but in March pled to an amended charge of Physical Abuse of a Child. According to the criminal complaint, the victim was a friend of the family and Evans fondled her in March of 2011. The child came home and complained to her mother about Evans. When questioned by trained investigators, the child said the inappropriate contact had occurred (quote) “lots of times.”  The 23-year-old said the two had been wrestling and any inappropriate contact was accidental and outside the clothes. In addition to five years in prison, Evans was sentenced to two years of extended supervision and must register as a sex offender.  

Memorial Day Activities in Beaver Dam

5/26/12 - There will be a flyover at Monday’s Beaver Dam Memorial Day Parade and Ceremony. Officials with the Memorial Day Committee say the civilian aircraft will fly along the parade route sometime between 9:30am and 9:45am and then make a second pass – about 400 feet above ground – during the ceremony at Oakwood Cemetery. The aircraft crew volunteers include Dale Wahl of Watertown, Tommy Cristea-Rist of Beaver Dam, Jeff Garneski of Lakes Mills, Peter Lindens of Waukesha and Becky Burke of Reeseville.  The parade begins on Monday around 9:15am and the ceremony starts at10:15am. The theme this year is “The Year of the Veteran 2012” which is meant to honor servicemen and women returning from Iraq and Afghanistan. Organizers are asking service organizations, bands, schools, churches, and others to enter a float or marching group. Contact information is on our website wbevradio.com.
Lois Levenhagen – 920 887- 0642

Commission Asks Supreme Court to Proceed in Prosser Case

5/26/12 - The Wisconsin Judicial Commission asked the Supreme Court Friday to proceed with a disciplinary case against Justice David Prosser. The commission filed a request for the justices to form a panel of appellate judges. That group would consider the commission’s complaint against Prosser and recommend what, if any, punishment the Supreme Court should impose. Three ethics charges were filed in March against Prosser, for allegedly putting a choke-hold on fellow Justice Ann Walsh Bradley last June – and for allegedly making a derogatory remark to Chief Justice Shirley Abrahamson in 2010. Prosser has asked his fellow justices to withdraw from the case, saying all but one were direct witnesses to the Bradley incident – and therefore, they could not be fair in deciding Prosser’s fate. Justice Pat Roggensack, part of the court’s conservative majority along with Prosser, has said she would withdraw. If two others do the same, Prosser could escape punishment because there would not be enough justices left to decide his case.