Sandra K. Johnston, PhD address removed for this posting November 11, 2016 Barak Obama, President of the United States The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Dear Mr. President, I am a doctor of psychology, who regularly participates with the White House Office of National Drug Control Policy. This letter is being sent by me on behalf of and with permission of Paul M. Nigl who participated in the United States military, and is asking for help with his current alcohol- and drug-related conviction and sentence. Mr. Nigl was 25-years old when he was convicted of an alcohol-related offense and given a 100-year sentence for an accident. You have been granting pardons to federal prisoners who also have alcohol- and drug-related convictions and sentences. We would like to see this happen at our state level. Contacting Governor Scott Walker, United States Senator Tammy Baldwin, and the media has failed to produce results. At the urging of friends and family I decided to contact you and your staff. My issue is regarding the Truth in Sentencing law which was enacted prior to his incarceration in 2001 in the State of Wisconsin. Eliminating the parole board was one of the biggest mistakes Wisconsin legislators made. In fact, Truth in Sentencing did not work in the State of Texas and the federal government did step in and release many inmates from overcrowded prisons. Inmates for the most part have taken a forget it attitude since many of them have absolutely no hope for earning release based upon good behavior or making appropriate choices. Some of them, like Mr. Nigl, have changed despite that. The rest continue to be so problematic that it is costing the State of Wisconsin more money to manage them than the approximate $40,000 it takes to keep them incarcerated each year. The money invested in maintaining a heavy prison population could be invested in other areas which need state funding. Those who are not dangerous to society, and who have transformed their lives should be allowed a second chance to use their valuable skills in the workforce. The following article was written by me, and sent to the governor, the senator, and numerous media sources. Truth in Sentencing to be Renamed Injustice in Sentencing April 28, 2015, Edited November 11, 2016 Justice is not blind in Wisconsin where the prison system is nothing more than a grand money-making scheme. Lawmakers line their own pockets or use the justice system for self-promotion. Wisconsin claims to be a state with harsh sentencing laws, yet many individuals who belong in jail or prison live free in our communities if they have money or the right connections. There is no justice in that. Its time to revisit the convictions and sentences of the incredible number of incarcerated men and women in Wisconsin and make immediate changes. Paul M. Nigl (#280834, formerly of Waupun Correctional Institution now of Redgranite Correctional Institution) was set up by a corrupt judge, Bruce Schmidt, and a corrupt District Attorney, Joseph Paulus, in 2001 in Oshkosh, Winnebago County, Wisconsin. The pair, who wanted to appear to get tough on drunk driving, convicted Mr. Nigl for the accident, then sentenced him to 60 years in prison with 40 years of probation. This is an unfair sentence, to say the least. Mr. Schmidt has a comfortable retirement now while Mr. Paulus is living in Florida after serving a short term in a federal prison; much less time than Mr. Nigl is serving. He, on the other hand, works for the maintenance department in the prison earning less than $4.00 per hour keeping the prisons archaic plumbing and electrical systems functioning. Mr. Nigl has been charged approximately $500 per month for child support while incarcerated, plus interest. Had he been a free man, he would have supported his children, and would not have this ominous $150,000 debt hanging over his head. Mr. Nigl has spent almost 15 years in prison maturing into a man who has valuable talents that could benefit society, but remains in an environment of danger and degradation. Wisconsin spends more than $40,000 a year incarcerating Mr. Nigl, a non-violent offender, who deserves a second chance. A high-ranking state official has confided to this writer, "Future sentences will be lighter. Those who are already incarcerated are screwed". This leads one to wonder how many of the more than 22,000 incarcerated individuals in Wisconsin should be set free? Our prison population grows younger every day across the United States. We, as a society, are losing a valuable portion of our young men and women to the self-serving Wisconsin judicial system. If Governor Walker would not have instituted Truth in Sentencing, Mr. Nigl would have been eligible for parole and would be out of prison living a normal and productive life. Mr. Nigl did not receive justice. Pardon Paul Nigl. Reverse his conviction, sentence, court costs, and child support debt. Addendum Mr. Nigls case involved an auto crash for which he was convicted of two counts of Vehicular Homicide. There are several disturbing facts which the Wisconsin DOJ continues to ignore. 1) Mr. Nigl does not remember the accident, so he cannot speak on his own behalf about what may or may not have happened that day. He almost died at the scene of the crash. When deputies arrived, he does remember stating, That car just hit me. 2) There were two witnesses to the accident: a bus driver and a student who was getting on the bus. Initially, they both reported that the other vehicle hit Mr. Nigls truck. After being interrogated by deputies from the Winnebago County Sheriffs Department, both witnesses changed their stories. Mr. Nigls attorney never questioned those witnesses or put them on the stand. 3) Mr. Nigl knew that he was being judge shopped by the DA so that his case could be used to set an example for the Winnebago County Get Tough on Drunk Driving campaign. His attorney was part of the scheme. Mr. Nigl discovered that during the trial his attorneys wife was having an extra-marital affair with the DA, which was a conflict of interest. To protect himself Mr. Nigl tried to change attorneys, but Judge Schmidt would not allow it. His was the fastest trial and conviction in Winnebago County history. 4) When Mr. Nigl took the stand in his own defense, Judge Schmidt repeatedly violated his rights by allowing the DA to force Mr. Nigl to demonstrate snorting cocaine, etc. 5) An inexperienced sheriffs deputy, a so-called expert witness, conducted the investigation pertaining to the logistics of the crash site. He guessed/reported that Mr. Nigls truck had fully crossed the center line and struck the other vehicle. There were no skid marks on the pavement at the scene of the accident indicating that the other driver saw Mr. Nigls truck coming head-on at her on a straight stretch of roadway, and swerved to avoid the crash. 6) A determination was made that Mr. Nigls vehicle was traveling at 55 mph, which would have been over the speed limit on that stretch of road at that time, while the other vehicle was traveling at 35 mph. If Mr. Nigl had passed out or had fallen asleep behind the wheel, his muscles would have relaxed, including the ankle and foot which were on the accelerator. More than likely, Mr. Nigls vehicle was the one traveling at the slower rate of speed. 7) The individuals who were in the other vehicle were nurses who had worked third shift, and were driving home early in the morning. There is a great possibility that they were tired and inattentive, or that the driver of that vehicle had fallen asleep at the wheel. There is also a possibility that the car wandered over the center line hitting Mr. Nigls truck. At the very least there is a grave possibility that Mr. Nigl was not 100% at fault for the accident, and his conviction and sentence are totally in error. The women in the other vehicle were not wearing seatbelts. An expert witness stated that had they been wearing seatbelts, they would have sustained serious injuries, but not died. That expert witness was never called to the stand or questioned by Mr. Nigls attorney. 9) Mr. Nigl faced an 11th hour revelation; a blood test that supposedly indicated Mr. Nigl was over the legal limit of alcohol and may have also had other illegal substances in his system. This evidence was never presented to his attorney. Since Mr. Nigl lost a lot of blood at the scene of the accident, his blood alcohol level would have been concentrated. So, although he was not over the legal limit it would have appeared that he was. This was never questioned by his attorney. 10) Mr. Nigls casefile was missing from the Winnebago County courthouse just prior to sentencing. It was found in the home of DA Joseph Paulus, along with many other casefiles. It was discovered that Paulus was taking bribes from defendants who could afford to pay for a favorable trial outcome. This was never questioned by his attorney. After Mr. Nigls sentencing, DA, Joseph Paulus, was convicted of several crimes and sent to a federal prison. He is now free while Mr. Nigl has been incarcerate for almost 17 years, and is facing another 43 years in prison. Respectfully, Sandra K. Johnston, PhD
Brilliantly argued! I am sure that this will get results. I felt led to write to President Obama just before the election myself. http://www.politicalforum.com/elect...ident-obama-remember-antigonish-movement.html President Obama, remember the Antigonish Movement?
Well, a pardon is a lot cheaper than hiring an attorney to appeal the case, if there are any valid grounds for appeal.
Most states that abolished parole did so because of court rulings that would have required expensive and extensive hearings far beyond what the system was set up to handle. It was cheaper to just do away with them going forward than fund a compliant system. Public defender office alone are substantially underfunded in most places. The system is rigged for the prosecution in far too many places, and the prisons overfloweth.
Mr. Nigl has a Knight's Petition left..... - - - Updated - - - I'm finding out how many crazy judges there are in positions of power. I reliable source told me that one judge i Milwaukee was directing defendants to look out the window and count the number of birds sitting on the telephone pole outside the window. That would be the number of years they would get for sentencing.....
Very strange behaviour indeed! That reminds me of the old saying....."Power corrupts....... absolute power corrupts absolutely!"
Not if evidence exists that indicate that the nurses fell asleep at the wheel and drove into Mr. Nigl. I worked night shifts at a grocery store for a few years. The seventy km drive home in the morning was not entirely fun.
