UNDISPUTED FACTS PROVING:
An Intentional Wrongful Conviction
Misconduct in Public Offices
False Swearing and Perjury
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TABLE OF CONTENTS
l. INTRODUCTION
2. BACKGROUND FACTS AND INFORMATION
A. Prior Troubles with Iron County
B. Connie Vargovich
C. Don Miller
D. District Attorney Martin J. Lipske
E. Sheriff Bruneau and Deputy Joe Robinson
F. Judge Patrick J. Madden
3. UNDISPUTED PRE-TRIAL FACTS
4. UNDISPUTED TRIAL FACTS
5. UNDISPUTED LIES AND INCONSISTENCIES OF CONNIE VARGOVICH
A. Pretrial Lies and Inconsistencies
B. Lies and Inconsistencies Made Under Sworn Oath
6. UNDISPUTED POST-TRIAL FACTS
7. UNDISPUTED PAROLE HEARING FACTS
8. UNDISPUTED MISCELLANEOUS FACTS
9. INCONSISTENT STATEMENTS BY DON MILLER
10. THE TRAGIC DEATH OF DON'S BELOVED SON
11. KIRK'S DEATH NOT ENOUGH FOR CONNIE
12. CONNIE SAFER IN PRISON
13. CONCLUSION
I. INTRODUCTION
You should read the Anatomy of a Wrongful Conviction Part l first. This is Part II which provides additional information, details and facts demonstrating the inconsistencies, false swearing, perjury, and many lies told by Don Miller's false-accuser, Connie Vargovich, and proves felony misconduct and an obstruction of justice by the officials involved in this case: Circuit court judge for Iron County, Patrick J. Madden; District Attorney for Iron County, Martin J. Lipske; Former Iron County Sheriff Robert Bruneau; Former Iron County sheriff’s deputy, Joe Robinson; and Current Iron County sheriff, Tony Furyk.
The facts provided here are also published on the Internet and have been provided to the above named persons and none of the following has ever been refuted, proven false, or in any way undermined as being anything but true. There are more than enough facts and evidence hereto cause the arrest, prosecution, and conviction of all named persons.
There is much documentation supporting all the following facts as true, which includes certified court transcripts, certified phone records, witness statements, police reports, sworn affidavits, professional investigator reports and tape recordings, court records, information provided by persons having firsthand knowledge, and admissions made by several of the above named persons. This comprises powerful and conclusive evidence of crimes having been committed by Connie Vargovich and the above named officials.
Documentation in support of all the following facts may be obtained and inspected upon request by any law enforcement agency, news media, federal or state prosecutors, judicial and lawyer accountability and disciplinary offices and commissions, and any other entity willing and able to hold Connie Vargovich and the above named persons accountable for what is now proved to be multiple acts of crime, conspiracy, and grossly unethical behavior which has caused, and is now perpetuating, Don Miller's wrongful conviction.
The following facts conclusively establish and prove that there has been, and continues to be, an intentional perversion of justice, which absolutely must be corrected immediately.
2. BACKGROUND FACTS AND INFORMATION
FACT: Just months prior to his arrest in this case Don had suffered an unprovoked violent assault by on-duty police officer Timothy Mieloszyk, who had a prior history of assaulting other citizens. The attack was witnessed and establishes Mieloszyk assaulted Don without apparent reason. But there was a reason: Don had dated a woman who was divorcing Mieloszyk's relative at
that time and this attack was his 'favor' to that relative. Don suffered painful chemical burns to both eyes in this attack, twice visited a hospital emergency room for treatment, and was also issued $1,200.00 in falsified tickets.
FACT: Don immediately began demanding Mieloszyk's arrest but Iron County Sheriff Robert Bruneau refused to investigate, so Don then tried to speak to newly elected DA Martin Lipske, who then literally hid in his office and refused to speak to Don.
FACT: A court date was set regarding the false tickets, then on the scheduled day and time Don brought his witnesses to court only to find the courtroom dark and locked. Judge Madden, DA Lipske, and officer Mieloszyk were nowhere to be seen. Don checked with the court clerk to make sure it was the right day and time and the clerk, Virginia Giacomino, said it was but informed Don that "Judge Madden has removed the matter from the calendar and wants you to go home and just forget about it." By illegally denying Don's access to the court Judge Madden had assisted in the cover up of a felony assault committed by the police officer Timothy Mieloszyk.
FACT: Don then returned to the Sheriff s Department demanding an investigation and Mieloszyk's arrest but was threatened with "big trouble" if he did not go away. But Don kept on complaining, then nine months later did find himself in "big trouble" when he was wrongly prosecuted for nonexistent crimes.
FACT: Besides denying Don and his witnesses access to the court, further proof that Iron County officials knew that he was a victim of assault is the fact that they never asked him to pay the $1,200.00in false tickets. They had simply swept the matter under a rug.
FACT: Because the judge, sheriff, and DA had clearly conspired to protect Mieloszyk, Mieloszyk now felt confident that he was free to beat other citizens at will, which is what he did. But Ashland County officials stepped in, prosecuted and convicted Mieloszyk of felony battery to another man. Iron County officials refused to assist them in any way.
FACT: Don's false-accuser in this case is Connie Vargovich, who was Don's live-in girlfriend, has a terrible reputation in the community, is well known for her propensity to falsely accuse people, and it is common knowledge in our community that she falsely accused Don. Due to this, her once closest friends have now all turned away from her.
FACT: Connie has multiple criminal convictions in Michigan, the result of having been caught telling lies to police officers on multiple occasions, including state police.
FACT: Connie has a long documented history of abusing the legal system and using it as a personal tool for revenge, and several others claim that Connie made false accusations against them as revenge after she felt they had wronged her in some way.
FACT: Accusing Don was not Connie's first cry of rape. She accused a prior boyfriend of rape after he broke off their relationship and his defense was that she falsely accused him as revenge. He went to prison. Don's defense also was that Connie falsely accused him as revenge, because she was angry that he had told her to move out and he hoped to reunite with his prior girl who was one of Connie's enemies.
FACT: Another cry of rape came after her boyfriend's parents chased Connie off their property after she assaulted him in their driveway. Connie had to walk home and was angry they did not give her a ride. The next day she called her boyfriend's parents and told them she was raped on the way home and that it was their fault because they had not given her a ride. (Apparently, she can't even walk down the street without being raped.)
FACT: One of Connie's closest friends was interviewed by a private investigator and signed an affidavit indicating her personal knowledge that Connie has routinely sworn revenge against other boyfriends who had decided to break up with her, and also knows by firsthand experience that Connie is a habitual liar, very violent, unpredictable, and was socially and sexually involved with the judge in Don's case prior to his trial.
FACT: Just weeks before he was falsely accused Don and Connie had taken a trip to Milwaukee to visit his family, then when it was time to return home Connie had begged Don to stay a few more days, but Don told her he had to get back to his business. Taking him by surprise, Connie then asked him to marry her before they returned. Due to her alcohol problems and other issues, he had to say no. She became depressed and angry and told Don she cannot face her family and friends now because she had told everyone that she went to Milwaukee to get married. She told Don that this was all his fault.
FACT: Just before falsely accusing Don witnesses had overheard Connie threaten to make Don "pay big time" and promise him he will "never have another girlfriend as long as he lives" if he ever decided to break off his relationship with her.
FACT: Connie's medical records show that her doctors hoped to commit her for mental health treatment, but decided not to force her into it because she threatened suicide if they did. Her doctors prescribed psychiatric medication which she was supposed to be taking during the time of trial, but which medication she admitted she had not been taking.
FACT: Just weeks before falsely-accusing Don Connie Vargovich visited her personal doctor who had asked Connie how her relationship with Don was going, and Connie told her doctor that Don "treats her so well" that she doesn't "know how to deal with it" because, she said, she was "not used to such good treatment" from her boyfriends.
FACT: But just several weeks later her story at trial was very different as she now claimed Don had been abusive. Connie had no reason to lie to her doctor, who was there to help her, but certainly would lie to a jury if falsely accusing Don as revenge.
FACT: Connie was employed by a local nursing home but was fired after she physically assaulted an elderly bedridden patient. Her only excuse for punching the elderly patient in his head was that. "He hit me first."
FACT: Unlike Connie, Don had no adult criminal history; no juvenile criminal history; never spent a single moment in jail in all his life; was never diagnosed with or shown any mental problems; never prescribed medication for psychiatric reasons; never falsely accused anyone or sent anyone to prison; never beat up any nursing home patient; and for over seventeen years owned and operated his own business. And those who personally know Don all know him to be a hardworking, honest, big hearted and caring family man.
FACT: DA Martin Lipske had just regained his license to practice law after it had been suspended for 2 years as the result of being caught telling lies to clients and ignoring and lying to investigators investigating his misconduct. Mr. Lipske even admitted his inability to perform specific legal tasks. Right after his license was reinstated Lipske was elected Iron County DA, and Don's case was his first felony prosecution. Martin Lipske has now been caught repeatedly lying in this case as well. This man is an adjudicated liar.
FACT: In the same year of Don's trial Robert Bruneau was the newly elected Iron County sheriff, and his deputy, Joe Robinson, testified under oath at trial that he and the Sheriff’s Department had conducted no investigation whatsoever in Don's case. Sheriff Bruneau, Deputy Robinson, and DA Lipske simply went forward with the prosecution of Don Miller on Connie's word alone, and without any investigation whatsoever.
FACT: Patrick J Madden has never been elected judge; He was appointed because the prior Iron County judge went to federal prison for involvement with prostitution. Because no one has bothered to run against Madden in 2O years, he retains his position, unelected. His reputation in our community is that of the town drunk, and he has been seen stumbling from bar to bar, and on one occasion physically crawling on the sidewalk.
3. UNDISPUTED PRE-TRIAL FACTS
FACT: After Don had directed Connie to move out of his home she and her sister Heather had collaborated by telephone and Connie had Heather call the police. But Heather later admitted during trial that she had in fact given police false information about Don. Heather admitted that she had lied to the police.
FACT: Deputy Joe Robinson responded to Connie's sister's call, arrived at Don's house, and took Connie's complaint that Don has guns in the house, broke her lantern mantle, and bruised her thigh 2 weeks ago. He informed her that 'having guns in a house' is not a crime, that he did not see any 'broken lantern mantle' nor did he know how any bruise was caused or by whom, if anyone. Because Connie failed to come up with a story that would cause police to suspect a crime was committed, he refused Connie's demands to arrest Don. He directed her to finish packing, leave, and go to the police station if she had any further complaints. A very angry Connie had failed to obtain Don Miller's arrest because her story simply was just not big enough or bad enough…..yet.
FACT: After the deputy refused to arrest Don, Connie went to the Sheriff’s Department where they gave her a multiple choice domestic violence worksheet. The answers offered on that form gave her new ideas and she simply circled nearly all the suggested answers, thereby creating a much worse story, one far different than the one she had given earlier.
FACT: Connie's new story that finally caused Don's arrest was her new claim that Don had pointed a red-laser sighted gun at her and threatened to kill her with it.
FACT: Because this red-laser gun story was the central theme of her new complaint, police hoped to find such a gun, but Don told them he did not own any gun able to project any lights and gave permission to search his home, business, and vehicles. Police in two states searched his home, business, and vehicles but found no such gun. It never existed.
FACT: Multiple choice suggestions on that worksheet had also given Connie other new ideas to use against Don, as she had also circled suggested multiple choice answers that a knife, chair, and phone had been used as weapons against her.
FACT: Proving that these also were false accusations is the fact that, after she circled them on the worksheet, she never again mentioned in any statement or testimony that any knife, chair, or phone had been used against her as weapons. After failing to obtain Don's arrest earlier in the day Connie had simply used multiple choice suggestions offered on a form to obtain Don's arrest, and then she forgot all about these new and false claims.
FACT: Along with that worksheet Connie also gave her first written statement to police which claimed in her own handwriting that Don had "acted like" he was going to rape her, but that when she told him to stop acting like that, "He stopped." So Connie's first handwritten complaint given to police had actually denied rape.
FACT: Later that night Connie complained to police that she had received a call from Don's cousin, whom she claimed told her that Don would post bail and go home because he was charged only with a misdemeanour. Believing that Don would be released Connie then changed her first written police statement that denied rape, and now claimed she was raped. So within the first 24-hours Connie's story had already changed three times; and she would continue changing and escalating her story even while Don sat in jail, and then again all throughout the trial.
FACT: After his arrest and without any permission from Don, police allowed Connie to return to Don's home and remove items not belonging to her. For two entire days prior to executing a search warrant Iron County police had irresponsibly allowed her to trespass, loot, and tamper with an alleged crime scene.
FACT: Arrested without any warrant, Don was constitutionally entitled to a hearing within 48 hours to determine whether probable cause existed for his continued detention. This constitutionally required hearing was instead held 384 hours later.
FACT: In one story Connie claimed she had been assaulted from "midnight until 4am, when Don finally fell asleep." But Don told police that she wasn't even home during this time, but was in town partying with her sister and telephoned him from a Citgo station payphone in Hurley at 4am, asking him to come to town to pick her up.
FACT: Don told police that he then picked her up and did not return home until nearly 4:30am, so it was impossible that she could have been assaulted from midnight until 4am because she was in town that entire time. Don told police to obtain his home and Citgo station phone records, but they ignored him. (Don's attorney obtained them and these certified records which, along with Connie's admissions at trial, prove she was in town during those times and did in fact call Don from these payphones at 3:49 am. The sworn and certified Ameritech records prove perjury, and prove her story to be one big lie.)
FACT: At a pre-trial hearing DA Lipske appeared ready to dismiss charges against Don when he stated on record that "There appears to be falsely accused information" in police reports Connie has made, which was an admission that she does make false accusations. But when intimidated by Judge Madden the DA now stated that "the state isn't looking for any falsely accused information at this time." So DA Lipske had admitted that Connie does falsely accuse, but then said he wasn't looking for any false accusations!
FACT: Connie also told police that Don had automatic weapons, bombs, and drugs at his business, so while Don sat in jail police converged on his business. Predictably, and because such things never even existed, no such things were ever found anywhere.
FACT: Because it was now clear even to DA Lipske that Connie was in fact telling lots of lies, the DA offered Don a plea bargain. Don was facing a hundred years in prison if convicted but the DA was now offering to drop all charges and replace them with one lesser charge that carried no more than ten years in prison if Don would plead guilty or no-contest to this one charge. Any guilty man would jump at that opportunity and take ten years maximum, rather than go to trial and face a hundred years in prison. Don immediately rejected this plea offer and demanded a speedy trial.
FACT: Prior to trial, and many times since then, Don has made requests for any and all forms of lie detector tests, even injections of the so-called truth serum, sodium pentothal. Don's first request was denied, and all of his subsequent requests have been completely ignored.
FACT: Because trial was a credibility contest between Don and Connie he needed to show the jury that Connie is not credible and has criminal convictions for lying to police, But Judge Madden would not allow the jury to hear that her convictions involved lying. And because Connie falsely accused others in the past, Don needed to bring those people to trial to tell the jury how Connie also filed false charges against them after they irritated her in some way. But Judge Madden would not allow it because, as he said on record, it would "ruin her credibility." Don's only available defense was to prove that Connie was not credible, but the judge completely stripped away his only defense before trial started.
FACT: Years later, professional investigation uncovered several witnesses who include friends of Judge Madden and Connie, and others, who had witnessed Judge Madden and Connie partying together on many occasions prior to Don's trial and dancing, hugging, and passionately kissing on many occasions over a period of years, even during the time she was living with Don. Judge Madden knows that this disqualified him from Don's case yet failed to disclose his relationship with her and did not recuse, intentionally depriving Don of the neutral, unbiased judge that Don was entitled to under the U.S. Constitution.
FACT: Judge Madden had then treated Don far more harshly than any others by setting a very high bail; denying nearly all Don's motions and requests while granting all of DA Lipske's motions and requests; stripping Don of his only available defense, witnesses, and all other evidence; then by allowing DA Lipske to use incompetent, false, irrelevant, evidence at trial; (then by sentencing Don to consecutive maximum sentences, and to
More time in prison than he has given to even child molesters and murderers')
FACT: The day after Don's arrest Connie had gone to the local hospital where she was examined by physician E. Lanny Robins, who obtained DNA samples for a 'rape test kit' to be sent to a crime lab. Connie told this doctor that she was raped the day before, but then days later added yet another rape to her story, one she did not tell the doctor about'
FACT: Her first attempt to have Don arrested failed because her story stated no crime, her first written complaint denied rape, and her next story claimed rape; then by the time of trial she was claiming two rapes. Connie's story changed and escalated every time she told it and in proportion to the ever increasing level of attention she was receiving. And everyone who knows Connie knows that she just loves to be the center of attention.
FACT: So DA Lipske now had the most valuable evidence in any rape trial: a DNA kit. To prove that Connie had been cheating on him, that another boyfriend's DNA was likely present, and that someone else caused the bruising she blamed on him, Don demanded that the DNA kit be tested. (Connie later admitted at trial that she had in fact been inside her other boyfriend's house in the middle of the night just hours prior to falsely accusing Don, and had done so in violation of the active restraining order she had imposed on that boyfriend, which court order claims that he had often bruised and battered her.)
FACT: But now a red flag. DA Lipske asked the court's permission to destroy this kit before trial. No prosecutor would destroy DNA evidence prior to a rape trial-unless he wanted to hide something. Don wanted the DNA tested, but the DA wanted it destroyed'
FACT: To ensure that it still existed, Don and his attorney viewed the kit at the sheriff’s department where Don noticed that the integrity seals placed on the kit by the doctor who prepared it were all torn through. When Don pointed out the broken seals to his attorney, DA Lipske quickly escorted them away. These seals can only be broken by lab technicians who test the kit. Torn seals prove the kit was already tested and strongly suggests DA Lipske concealed the test results, and then hoped to destroy this evidence before Don could have it independently tested.
FACT: Don was now more determined to have the DNA tested, his attorney promised to have it tested prior to trial, but there would be no independent testing. Contrary to the court's directive and without Don's permission, DA Lipske went ahead and destroyed the DNA evidence prior to trial. Clearly DA Lipske is hiding something.
FACT: In her written statements and trial testimonies Connie claimed she was being raped at the exact time her sister Michelle arrived and knocked at the door. She claimed she was relieved her sister showed up to save her, but as to what she said happened at this point Connie has three different stories on record. She claimed Don held her down when the sister knocked and sent her away, then continued assaulting her. But from day one Don told police that Michelle is a critical eyewitness who will verify he did not send her away, but had invited her in and that she spoke with him and Connie, gathered up items she left there the night before, and had observed no assault of any kind. Michelle Vargovich is an eyewitness to the fact that Connie falsely accused Don of rape.
FACT: There is indication that DA Lipske spoke with this eyewitness before trial, who told him Don invited her in, that there was no rape in progress while she was there, and that Connie was lying. The DA concealed this information and prosecuted anyway. Every time Don and a sheriff’s deputy mentioned this sister's name at trial, DA Lipske quickly changed the subject. This witness told several people she knows Don is innocent and was not happy with Connie. DA Lipske knew that Don was innocent, yet prosecuted anyway.
FACT: During the motion hearing, then at the final pre-trial hearing, Don's trial attorney made final efforts to get permission from Judge Madden to allow in evidence at trial that would ruin Connie's credibility, but Judge Madden refused to allow any of it. Don's attorney told Don that his hands are tied and that in all his many years as an attorney he has "Never seen a judge pull this kind of crap in any case."
FACT: While Don sat in jail awaiting trial on her false claims, Connie was busy presenting false claims against another man, Ken Grenfell, in Michigan's 98th District Court, claiming he will kill her in 72 hours unless jailed. He said Connie was lying. Michigan knows her. Grenfell was not prosecuted. So while falsely claiming rape in Don's case, she was in Michigan promoting false accusations against yet another man.
4. UNDISPUTED TRIAL FACTS
FACT: Don's trial attorney failed to interview eyewitness Michelle Vargovich before trial, then failed to call this critical eyewitness at trial to prove that Connie was lying.
FACT: At no time before or during trial did Judge Madden ever disclose any pre-trial social-sexual relationship with Connie Vargovich, and he did not recuse from Don's case.
FACT: Without any reason at all Judge Madden had directed the bailiff to remove Don's mother and brother from the courtroom, violating Don's constitutional right to a full public trial guaranteed to everyone. Don's family was not allowed to attend his trial.
FACT: Don was also not allowed to show the jury any evidence of Connie's psychiatric problems; to call any witness who Connie falsely accused in the past; or to tell the jury that Connie's multiple criminal convictions involved her boldly telling lies to different police on different occasions.
FACT: Don's sole defense at trial was that Connie was falsely accusing him as revenge because he had directed her to move out of his home, and because he told her he hoped to reunite with his prior girlfriend, who Connie both despised and fought with several times.
FACT: Don told the police and DA that Connie was not home with him during the early morning hours when she claimed she was being assaulted, but at her other boyfriend's home, and in town, until 4am. Don told them Connie said this other boyfriend bruised her when she spent a night there a few weeks earlier, and that Connie was again at this other boyfriend's house in the middle of the night just hours before his arrest, so police should go and question that other boyfriend; but they never questioned him. That boyfriend moved out of town right after Don's arrest and did not return until Don was in prison.
FACT: The first time Connie took the stand to testify at trial she was bouncing in the seat and smiling, giggling, and waving to her friend Kathy sitting in the audience. When Connie got off the stand after testifying, Don's attorney commented to the jury that her weird behavior on the stand was highly inconsistent with her claim of being a victim. DA Lipske then told Connie to "show some emotion up there." The next time Connie took the stand, she took the DA's advice: She was now all sniffles and pretended to be sad.
FACT: During trial, and for the first time since Don's arrest, Connie finally admitted that she in fact was inside her other boyfriend's home in the middle of the night, just as Don had said, and was there despite the active protection order she had against that boyfriend, which protection order claims he had beaten and bruised her many times.
FACT: Don's answers at trial were truthful and hurting efforts to convict him, which is why DA Lipske questioned him for only 7 minutes during trial. Because Connie already had several versions to her story by the time of trial, and simply could not remember her last lie, the DA had asked her all leading questions, and all of Connie's answers to those leading questions were of course clearly prearranged…but not very well rehearsed.
FACT: Connie testified that she had been assaulted, had a gun pointed at her, and that she was raped twice in 2 weeks…once two weeks before Don's arrest, then on the day of his arrest. She testified that after the first alleged rape she had plans in place to move out of Don's home at the first opportunity she had. But Don usually worked twelve hours a day, seven days a week, her family visited her nearly every day, and Connie worked five days a week so Connie could have easily moved out at any time yet, despite having many opportunities to leave, she never did. She had instead made plans to stay with Don.
FACT: Connie testified that, after allegedly being raped the first time, she had plans to move out as soon as possible over the next few days, but when questioned by Don's attorney at trial she confessed that during the next two weeks she had instead ordered and installed her own phone line at her expense; ordered and installed a satellite dish at her expense; prepaid a year of satellite programming at her expense; and planned and hosted a housewarming party. These under oath confessions at trial prove she had no plans to move out anytime soon, and proves she was planning on staying a very long time.
FACT: During trial Connie confessed that, just days after allegedly suffering a rape, she had Don baby-sit her young son and several of her friends' children on an overnight sleepover birthday party while she worked, a party she and Don had planned. There is no mother who, just days after being assaulted and raped as she said she was, would ever allow the man who had assaulted her to now baby-sit her son and her friends' children all alone if such an assault had ever actually happened, as such a man would not be trusted in this manner. Having Don baby-sit all these children proves she completely trusted Don.
FACT: Connie testified at the prelim hearing that she had wanted to get away from Don during her housewarming party so left the house with her sister, and testified that Don followed them in his vehicle. This also was proven false when Connie confessed under oath at trial that she had left with Don, in his vehicle, after her sister had already gone. This confessed lie made at the prelim hearing had been intended to make Don look bad so that the false charges would not be dropped before trial. So Connie had confessed at trial
That she had committed felony perjury while under oath at the preliminary hearing.
FACT: Connie made statements, and also testified at both the prelim hearing and trial that, after she left the house with Don he followed her around town harassing and calling her names the 'entire time' she was there. She said that she did not want to go home with Don so used the Hurley Citgo station payphones and called her mother, sisters, and friend Kathy for a ride to her mother's house, and claimed that Don had harassed her this entire
time but that she went home with him and was then assaulted from somewhere around midnight up until 4am, at which time she claimed Don had 'finally' fallen asleep.
FACT: Don told police that he and Connie had left her party together to go out on the town for awhile, but that he had returned home from town early as she wanted to stay out all night partying, and she had then phoned him from the Hurley Citgo station payphones at 4am asking him to come to town to pick her up. Don told the police to obtain his home phone and Citgo payphone records because they would prove she called him at 3:49am and that he therefore could not possibly have assaulted her at anytime prior to 4am.
FACT: The DA and police completely ignored Don. Don's attorney obtained the certified Ameritech telephone usage study records, which are now part of the court record in this case, and these certified records prove that everything Don said was absolutely true.
FACT: These certified records prove that Connie had never called her mother, sisters, or friend Kathy as she had falsely testified, and prove she had committed perjury at both the prelim hearing and trial. She finally admitted at trial that she did call Don from these payphones, and the certified records prove she did so at 3:49am, exactly as Don had said.
FACT: So not only do these records prove that she had lied in her written police reports and throughout all court proceedings, they also prove it is impossible for her to have been assaulted by Don anytime prior to 4:20am because she was in town that entire time.
FACT: DA Lipske hoped to keep Connie consistent by asking her all leading questions and then led her into testifying that she had returned to Don's house with Deputy Robinson after Don's arrest to recover clothing and that she gave them to the deputy, which clothing was used as evidence that Don had thrown food and water at her. But none of this was true. After the DA and Connie lied to the jury the DA had Deputy Robinson take the stand to back up their lies, but Robinson testified that what Connie and the DA had just told the jury about the clothing was not true at all.
FACT: For the purpose of misleading the jury into believing that Connie was sexually assaulted and telling the truth, DA Lipske called E, Lanny Robins M.D. to testify as a medical witness. This doctor had examined Connie and prepared the rape test kit which was later conveniently lost prior to trial and before Don could have it tested. Dr. Robins testified that it was medically certain Connie was sexually assaulted, and told the jury he personally believes her story. Such testimony is inadmissible at a trial in every state.
FACT: Sexual assault is sexual contact without consent, but Dr. Robins admitted he had NO evidence of sexual contact, that the sexual aspect of his exam was normal, and that he had NO knowledge whatsoever of consent, all of which renders his opinion of sexual assault to be incompetent, and medically and legally baseless. Robins also admitted that he had found NO injury that would verify the specific claims found in Connie's story.
FACT: Connie claimed Don had repeatedly punched her in the face, but Dr. Robins had found no injury to her face. She said Don choked and strangled her, but Dr. Robins found no injury to her neck. She said Don slammed her head into a truck and windshield, but Dr. Robins found no injury to her head. She said Don ripped her hair out, but Dr. Robins found no loss of hair or any scalp irritation. She claimed she was raped, but Dr. Robins found no sexual injury or male biological material and then even admitted that the sexual aspect of his exam was "normal." Please read that again: N-O-R-M-A-L.
FACT: Dr. Robin's own medical findings completely disproved all details of Connie's story, the same story Robins told the jury he believed; and yet, without any medical evidence or facts to support his reckless opinion of sexual assault, Dr. Robins held fast to his opinions. Another highly experienced physician, Sam Albert, M.D., has reviewed the medical report and testimony of Dr. Robins and concluded the opinions and testimony given by Dr. Robins at trial are medically baseless. Dr. Albert was appalled by the irresponsible and extremely reckless testimony given by Dr. Robins at Don's trial.
FACT: DA Lipske and Judge Madden also failed to disclose the fact that Judge Madden was on the Board of Directors at the Grand View Hospital in Michigan during the time of Don's trial, which is where Dr. Robins worked. Judge Madden had power over Robins' career, which likely is why they sent Connie there for an exam rather than to a Wisconsin doctor or hospital. Not long after trial, the Grand View Hospital informed Don that they 'prematurely terminated their contract' with Dr. Robins; i.e., they fired him.
FACT: Since Connie claimed that a red laser sighted gun was pointed at her, DA Lipske and police searched for it, but Don never owned such a gun. It never existed. Desperate to show the jury any gun, DA Lipske paraded a pistol around that did not fit the description Connie gave and which gun police testified had no ability to project any kind of light. DA Lipske also showed the jury a non-functioning scope belonging to Don's son, which was for his son's hunting rifle and cannot attach to a pistol. But DA Lipske had still tried to mislead the jury into believing that this was the 'red laser' Connie had spoken of.
FACT: Though Don's attorney proved that the pistol and scope emit no light the DA paraded the scope before the jury then handed it to Connie while she was on the stand. Clearly expecting her to say yes, he had asked if she ever saw this scope at Don's house before. Connie held it, examined it, described it, gave it back to the DA, and said she had never seen it before. Connie had apparently missed rehearsal that day.
FACT: When she was not being hugged or squeezed by Judge Madden, Connie had walked past Don's mom sitting in the courthouse hallway crying her eyes out and pointed her finger at Don's mom, laughed out loud, and said: "That makes me laugh."
FACT: Deputy Wicklund sat by Don's brother Dennis in the hallway during trial and told Dennis that, "lf you only knew what was going on here, we would have to let your brother go." Dennis asked for more information, but Wicklund refused to say any more.
FACT: Don's attorney questioned 'investigating' deputy Robinson at trial and Robinson admitted under oath that there had been NO investigation whatsoever in this case prior to trial. They had simply dragged Don to trial without any investigation and prosecuted him on Connie's word alone. Police failed to investigate any information Don gave them such as the phone records and eyewitness. DA Lipske then came up with a ridiculous excuse for their failure to investigate. He told the jury there had been no investigation because "Deputy Robinson's shift had ended, so he went home." The DA gave no reason as to why Robinson, or any other officer, had not investigated the following day, or any other day prior to the trial which was held several months after Don was arrested.
FACT: By the time of trial Connie knew that no 'red-laser sighted gun' had been found by police during multiple searches of Don's home, business, property, and vehicles, and when questioned about her red-laser sighted gun story at trial by Don's trial attorney, Connie now attempted to downplay her red-laser gun story by claiming she was now "not so sure about that part." So Connie had completely abandoned the very story that had caused Don's arrest in the first place.
FACT: Within the first 24-hours of Don's arrest Connie's story already changed three times and by the end of trial she had six different versions on record. When questioned by Don's attorney, Connie could not remember details of her own story, and admitted that aspects of her story was false and inconsistent and that the charges for which Don was on trial were not the original complaints she gave police. She had no excuse for these inconsistencies, proven lies, or failure to remember the details of her own accusations.
FACT: Statistical analysis has been performed on Connie's trial testimony, and of all the material questions she was asked by Don's attorney, she had failed to answer 70% of those questions concerning her own accusations against Don, and of the 30% she did answer, nearly all answers conflicted with her prior statements and testimonies.
FACT: All evidence relating to Connie's psychiatric problems, criminal convictions for previously being caught lying to police, her history of lying and falsely accusing others, had all been kept away from the jury by Judge Madden. Don was found guilty not because of any evidence or eyewitness, but simply because Connie said he was guilty. Connie had now done her damage and fulfilled her promise to make Don pay, so did not even bother to show up for his sentencing.
5. LIES AND INCONSISTENCIES OF CONNIE VARGOVICH
FACT: Prior to accusing Don Miller in this case Connie Vargovich already had several convictions for lying to police on different occasions. She is a twice convicted liar.
FACT: A few weeks prior to Don's arrest several people (Kirk Selves, Alan Prezkop) heard Connie threaten Don by telling him that if he broke up with her she will make him "pay" and had "promised" he will "never have another girlfriend as long as he lives".
FACT: Connie has made prior allegations against others, all claiming physical injuries, death threats, deadly weapons, fear for her life, or rape; and while Don sat in jail waiting for trial here, she was busy in Michigan's 98th District Court making complaints against a Mr. Ken Grenfell, claiming he had threatened to "shoot up her house" within 72 hours unless arrested, and that he had also said that her son may get hurt.
(Also, just weeks prior to accusing Don in this case, Connie's mother Charlene Vargovich had falsely accused her boyfriend, Jerry Aho, of threatening to kill them all with a gun. Police arrested Aho but found the Vargovich family accusations to be inconsistent and that Aho didn't even own a gun. Aho was released. Several weeks later Connie accused her boyfriend, Don Miller, of threatening to kill her with a gun.)
FACT: Connie's medical records were obtained before trial and indicate that, just weeks prior to accusing Don, she had visited her personal physician and told her doctor Don treated her "so well" she "didn't know how to deal with it" because, she said, she "wasn't used to such good treatment" from her boyfriends. But at trial Connie claimed that Don had been "abusive." Connie would have absolutely no reason to lie to her own doctor, but she would lie to a jury if she wanted to make Don "pay" for breaking up with her.
FACT: Connie's first contact with police at Don's residence on the morning of Oct. 19, 1997 concluded with Iron County Sheriffs Deputy Joe Robinson refusing her demands to arrest Don, which he refused to do because the complaints she gave him were only minor allegations that Don had bruised her thigh 2 weeks earlier, broke her lantern mantle, and that he had guns in his house. The deputy had found no legal probable cause for an arrest.
FACT: Connie then went to the Iron County Sheriffs Department where they handed her a multiple choice domestic violence worksheet to fill out, along with which she also submitted two handwritten statements concerning her accusations. She never alleged rape. Instead, her first handwritten statement denied rape. This is exactly what she wrote:
"Don was acting like he was going to rape me ...
begging him to stop, he stopped."
FACT: In the multiple choice worksheet she filled out at the Sheriff’s Department after failing to obtain Don's arrest earlier, Connie had circled nearly all suggested answers on that form including claims that a knife, phone, and chair had been used as weapons against her; but never in any later statements or trial testimonies did she ever again mention any knives, chairs, or phones having been used as weapons.
FACT: Connie had also stated in that multiple choice domestic violence worksheet that she had been kicked, punched, scratched, and slapped; but never in any later statements or testimonies did she ever again mention any kicks, punches, scratches, or slaps. She had simply used multiple choice suggestions offered on a form to create new lies, then forgot all about those specific claims. She had forgotten them because they were not true.
FACT: The complaint that finally triggered Don's arrest was her new story that Don had pointed a red-laser sighted pistol at her. She then later told police Don had bomb making materials, drugs, and automatic weapons at his business in Michigan. Don was arrested, police in two states conducted searches of his home, business, and vehicles, but no laser sighted gun was found nor any bomb making materials, drugs, or illegal weapons. (Right after these unproductive searches DA Lipske offered Don a plea deal to drop all charges in exchange for his guilty plea to one lesser charge. Don immediately rejected the offer.)
FACT: Later that night while Don was in jail Connie wrote another complaint which stated Don's cousin phoned her at 8pm and said Don would post bail and go home. Now believing he would go home she changed her first handwritten report from "l begged him to stop so he stopped" to "he didn't" stop. This was her first claim of rape, contradicted her initial denial of rape, and appeared right after she was led to believe that Don was about to be released from jail. This new claim of rape was intended to prevent his release.
FACT: While police were at Don's house, and then later that day when she was writing out her complaints at the police station, Connie had never mentioned anything about her sister Michelle Vargovich being inside Don's house during an alleged assault, and only after Don told the police that Connie's sister was inside his home during the exact time Connie claimed she was being assaulted did Connie then add her sister to the story in her revised report, which was now the third version of her story.
FACT: Connie had written in her first police report that, "Don fell asleep first, then so did I." Because this would beg the question as to why she had not simply left the house after Don fell asleep "first," Connie then simply changed her story yet once again, now writing in her new and revised police report that, "I fell asleep, I'm not sure if Don did."
FACT: DA Martin Lipske stated on record at a pre-trial hearing that "There appears to be falsely accused information" in Connie's police reports she has made against others, and seemed like he was about to ask the judge for dismissal of the charges against Don. But the judge was angry with the DA, barked at him, and the DA followed up by saying: "But the state isn't looking for any [falsely accused information] at this time." So the DA was well aware that Connie is a false accuser yet investigated nothing at all.
FACT: The "investigating" Iron County Sheriffs Deputy, Joe Robinson, admitted during trial that there was no investigation prior to trial. The excuse he and DA Lipske gave for this failure was that "The deputy's shift had ended" at 5:00pm "so he went home." No excuse was ever given as to why no other officer investigated, or why there was no investigation at any other time prior to the trial held 2-months after Don's arrest.
FACT: Connie's medical records indicate she is mentally ill, she admitted at trial that she had been prescribed psychiatric medications by her doctor, and also admitted that she had not been taking her medication during the times that she accused Don or during trial.
FACT: Connie's initial and revised police reports of Oct. l9 and 20 both state that Don had pointed a gun at her in the hallway of their house; but her prelim hearing testimony contradicts that where she claimed she was "pushed" to the bedroom where he "had a gun in there” which she now said was aimed at her from "a foot or two away". But her story at trial contradicted both reports as she now claimed she had been "pulled" to the bedroom where a gun was held "to her head," her "right temple". Her story repeatedly changed as to where a gun allegedly first appeared and as to where, when and how it was pointed at her. No gun fitting the description she gave (red-laser sighted) was ever found.
FACT: Connie testified at the prelim hearing that, during her housewarming party on Oct.l8, she had left the house with her sister to get away from Don, but claimed he then "followed her" and her sister in his truck, making it appear she had been trying to get away from Don but that he followed her. But at trial Connie finally admitted she had not left with her sister, but instead had left with Don after her sister had already gone. By her own admission this is documented perjury and proves she was fabricating events.
FACT: Connie testified at the prelim hearing that Don then followed her around town the entire time she was there, calling her names, harassing her, and trying to get her into his vehicle. She testified she didn't want to go home with him so went to the Citgo station in Hurley and used their payphones to call her mother first, then her friend Kathy Rock and her sisters to find a ride to her mother or sister's house. She testified as to the details which included which payphones she had used, what phone numbers she dialed, claimed she had gone back inside the Citgo to get change for additional calls, and claimed that Don was there still bothering her but had convinced her to get into his truck, took her home, then assaulted her for hours, which assault she said had ended by 4am.
FACT: In her initial police report Connie claimed that Don had convinced her to get into his truck while she was still in town, and wrote, "as soon as I shut the door he slammed my head" into the window. But at trial she testified that this had instead happened on the way home and down the highway.
FACT: The certified telephone records also prove Connie never called her mother "first," and in fact never called her mother at all; and prove she never called her friend Kathy Rock or her sisters either, as she bravely falsely testified under oath she had.
FACT: Further, these certified Ameritech telephone records prove she had made a call from these payphones to Don Miller which the records prove had been made at 3:49am, which call Connie finally admitted during trial she had made. It was the call that Don had told the DA and police about, Connie's call asking him to come to town and pick her up.
FACT: The phone records prove Don was not in town harassing her or trying to get her into his truck as she falsely testified; prove he was at home 8 miles away when she called him; prove he answered her call; and prove there could have been no assault of any kind from midnight (or from any other time) up until 4am as she had falsely claimed. These records and her admissions at trial prove she was in town calling Don from the Citgo station payphones at 3:49am. She couldn't possibly have arrived back home with Don until after 4am, which leaves no time for any assault she falsely claimed lasted for hours then ended by 4am. It is proved that she committed multiple counts of felony perjury.
FACT: Connie also testified that food and water was thrown onto her and that she then recovered this wet clothing in evidence from Don's house when she went back there with Deputy Robinson after Don's arrest on Sunday, and testified under oath that she picked the clothes up off the bathroom floor and gave them to Robinson, who then brought them to trial. But Robinson took the stand and testified under oath that he had recovered no clothing whatsoever from Don's house, and testified that Connie had instead brought the clothing in evidence to the police station in Ironwood, MI, on Monday, a day after Don's arrest. It was again proved that Connie committed multiple counts of felony perjury.
FACT: clothing had not come from Don's house, as the DA had falsely informed the jury and as Connie had falsely testified before the jury, but had been obtained a day after Don's arrest and came from her mother's home in lronwood, Michigan.
FACT: Connie also testified that immediately after an alleged sexual assault on Oct 8th she had made plans to move out of Don's home at her first opportunity to do so, yet a witness testified that Connie had refused to move out. Also contradicting her alleged plan to "move out at the first opportunity" are the facts that Don normally worked l2 hour days and oftentimes seven days a week, her family had visited Connie nearly everyday while Don was at work, and they all drove vans and pickup trucks. Connie could have moved out at anytime that she wanted to, but she had not.
FACT: Connie also admitted at trial that during this same period she planned to move out, she had instead ordered and installed (at her expense) a new satellite dish and paid a year's worth of programming; ordered and installed her own telephone line and phone (at her expense); and planned and hosted a housewarming party. None of this is consistent with someone planning to move out at the very first chance she has after an alleged rape. It proves she had no plans to leave, and proves instead that she was planning on staying.
FACT: Connie wrote in her police reports that she had been threatened with a hammer for two hours, which is not credible and no jury would believe that, so changed her story at trial and now claimed the hammer threat had lasted for (a more credible) two minutes.
FACT: At the prelim hearing Connie testified that she was threatened with a hammer and gun before her sister had arrived at the house, but then at trial testified that a hammer and gun threat had occurred after her sister had already been there and gone.
FACT: Connie claimed in her police report that when her sister arrived she had "tried to get up." At the preliminary hearing testified she was "pushed down" on the bed. But then at trial she had testified that "We looked out the window and saw that it was my sister.
FACT: Connie testified she was being sexually assaulted when her sister arrived but that Don held her down, sent her sister away, and then continued assaulting her. Her sister, Michelle Vargovich had arrived, was not sent away, but was instead invited in by Don then spent the next l0 minutes inside gathering up several items belonging to her that she had left there the night before at Connie's housewarming party. She is an eyewitness to the fact that there was no assault in progress as Connie had falsely testified.
FACT: At trial Connie denied one of her criminal convictions that had resulted from her being caught lying to Michigan police, and then continued denying that conviction even after she was shown a certified copy of her Michigan Judgment of Conviction.
FACT: Connie claimed in both her revised police report and prelim hearing testimony that she had been thrown down onto her knees on Oct. 19, but then at trial she testified that her knees were hurting because she had instead been thrown down on Oct. 8.
FACT: On the domestic violence worksheet Connie claimed she was punched, had her head repeatedly slammed into a truck; had her hair pulled out; was choked, strangled, raped; and ran barefoot down a long gravel driveway. But Dr. Robins admitted he found no injury to her face consistent with punching; no injury to her head consistent with hair ripping or head slamming; no injury to her neck consistent with choking or strangling; no injury to either foot consistent with someone running barefoot on gravel; no evidence of sexual contact; no male biological material was found by his lab; and Dr. Robins summed up the results of the sexual aspect of his examination as being entirely "normal."
FACT: Though the specific details of Connie's story were medically disproved by the doctor's own examination, he still testified that it was medically certain she was sexually assaulted and told the jury he believes her story. This is contrary to well established facts.
FACT: Further, Connie told Dr. Robins her Oct. 8th story, which the doctor wrote in his report, but Connie never mentioned to the doctor any choking, guns, or rape on Oct. 8; and Dr. Robins had stated in his report that the alleged Oct. 8 assault had culminated in only thigh bruises. Connie had not yet escalated her Oct. 8th lies to include any rape.
FACT: Connie had also told Dr. Robins that she was assaulted "from shortly after midnight until 4am" on Oct. 19, but those certified phone records and her own admissions at trial conclusively prove it was impossible for there to have been any assault from anywhere near midnight to 4am, because she was not even with Don but was in town 8 miles away where she called Don from the Citgo station payphone at 3:49am.
FACT: Connie arrived home intoxicated and testified that she had stumbled and fallen several times while going into the house. Don testified she vomited on herself in the yard and that he had helped her into the shower, which event Connie claimed was an assault.
FACT: At trial Connie claimed Don had sprayed her with the shower head while she was "still wearing" her clothes, then later testified that her clothes had first been "ripped off and torn" and "then" she was sprayed. And contradicting her claim of torn and ripped clothing is the fact that Connie had offered no piece of torn clothing to the police or DA.
FACT: At the prelim hearing Connie testified that Don had left the bathroom while she showered and "then" she "grabbed a towel"; but at trial testified that "Don threw a towel at me" then he left the bathroom. The details change every time she tells her story.
FACT: Connie testified at the prelim hearing that she "snuck through the living room" but then at trial changed her story by testifying she "ran for the living room door."
FACT: In her first police report Connie claimed she had tried to use the phone after she got out of the shower but Don then ripped his phone out of the wall. This story changed at trial where she now testified she tried to use the phone before her shower, but that Don had ripped it out then. Besides the constant inconsistencies, there also was no evidence of any phone ever having been ripped out of anywhere.
FACT: In her revised police report Connie claimed that Don held a gun to her "knees", but testified at the prelim hearing that a gun was held to her "kneecap." When asked which hand Don held the gun in, she answered: "Probably right, he's right-handed." This is not an answer relying on memory of an actual event, but is an answer relying on logic.
6. UNDISPUTED POST-TRIAL FACTS
FACT: Mathematical analysis of Connie's trial testimony proves that Don's attorney had asked Connie 154 material questions regarding her own story, and proves she failed to answer 92 of them. Connie failed to answer 67% of the material questions she was asked.
FACT: Of the 33% of the questions she did answer, most answers conflicted with her prior statements or testimonies. And of the total number of questions asked by defense counsel, Connie had responded to 73 questions with "l don't know" (15 times);"l don't remember"(21 times), and "l'm not sure" (37 times).This is all on record.
FACT: After Don was in prison Connie and her sister Heather had contact with Alan Prezkop, a bartender at Mel's Bar which is near the Vargovich residence. Prezkop swore out an affidavit stating that Connie had confessed Don's innocence to him and that her sister then quickly yanked Connie away, telling her she was "hanging herself."
FACT: Our website was started in 2005, put this case in the public eye, and witnesses began coming forward, including several of Connie's friends and an employee at a local bar where Connie and Judge Madden often partied together before Don's trial. Witnesses informed investigators that they have personally seen Connie and Judge Madden partying together on many occasions prior to Don's trial and also hugging, kissing, dancing, making out, and him buying her drinks. Connie and Judge Madden were socially-sexually involved for years and the judge had failed to disclose this to Don as is required by law.
FACT: Iron County circuit court records were examined and they show that Connie had plead guilty to a drunken driving charge, that Judge Madden accepted her guilty plea, but then allowed her to walk away without any fine, jail time, or even probation. All other similarly situated persons appearing before Judge Madden on that charge, including a police officer, were always assessed fines and/or jail time. Not Connie.
FACT: Another woman interviewed by an investigator had her divorce case before Judge Madden just before Don's trial and gave a statement that Judge Madden had called her in the middle of the night and offered her anything she wants in her divorce case in exchange for sexual favors from her. She said no and is now afraid of Judge Madden. Other witnesses provided information about Judge Madden's relationship with Connie, and have revealed other improprieties as well.
FACT: To obtain additional evidence of wrongful conviction Don had requested copies of public records kept by Sheriff Robert Bruneau who is required by law to respond to all such requests. Any failure to promptly respond to a public records request comprises felony misconduct in public office. Nonetheless, Sheriff Bruneau had repeatedly refused to respond to the requests for public records concerning his case, which records contain
Evidence of crime committed in their public offices.
FACT: DA Lipske also has the duty under the law to respond to public records requests yet he also wilfully violates the law by refusing to answer requests for copies of public records pertaining to this case. His failures also comprise felony misconduct in office.
FACT: Not yet knowing Judge Madden was involved with Connie, Don petitioned the judge to direct the sheriff to comply with the law by providing requested records which will show who handled the DNA kit, where it was tested, and prove the DA lied at trial.
FACT: During this same time Don was also waiting for a scheduled John Doe crime hearing that Judge Madden granted after Don had presented lots of evidence proving Connie committed perjury, swore falsely, and that DA Lipske knowingly used perjury. Don's petition for access to the public records made it clear the records contain evidence for the upcoming hearing, but Judge Madden dismissed the petition and called Don a harasser without legal purpose. So after Don submitted much evidence and obtained a date for a crime hearing, Madden changed his mind, refused to hold the hearing, and then refused to return the sworn affidavit containing Connie's confession of Don's innocence.
FACT: Don once again attempted to access public records containing evidence of crime and perjury, but Sheriff Bruneau marked "Refused, return to sender" on all his letters containing the requests. Don again petitioned the court. But now, showing conspiracy between the judge and sheriff, Don's legal documents he sent to the court were returned unopened and were marked, "Refused, return to sender". Don tried again, but the court clerk wrote to Don and said Judge Madden ordered her not to file his documents. By ignoring the public records law Sheriff Bruneau committed felony misconduct in office; and Judge Madden, by doing the same, helped conceal public records and deprived Don of his right to access the court, both of which comprise felony misconduct in office.
FACT: Don's mother then sent Judge Madden a certified letter pointing out that Don has a constitutional right to access the court and reminding him of his sworn duty to protect such rights, which requires allowing Don access to the court with legal pleadings. Judge Madden had simply returned her letter. It was marked "Refused, return to sender."
FACT: Once a request for specific public records is made the law prohibits any concealment or destruction of those records. To ensure they would not be destroyed Don's attorney wrote to Sheriff Bruneau asking him to NOT destroy any records having anything to do with this case. Sheriff Bruneau ignored the law and the attorney's request by announcing that he had destroyed all the requested public records. The sheriff had wilfully violated the law and repeatedly committed felony misconduct in office.
FACT: Don's post conviction attorney, Ray Dall'Osto, hoped to obtain the DNA kit and photos of Connie's bruising for scientific testing to prove the bruising did not happen during the time frame she claimed, and hoped to prove by DNA that she was involved with another man. Attorney Dall'Osto wrote DA Lipske a letter asking for information concerning the availability of the photos and DNA kit and DA Lipske wrote back and told Dall'Osto the photos were not available, that the DNA kit was somehow lost, and claimed he had ordered Deputy Roy Foryan to investigate what happened to the DNA kit, which investigation DA Lipske also claimed had been completely unsuccessful.
FACT: Because Don has firsthand experience with DA Lipske lying, which lying led to his prior disbarment for two years in two states, Don knew DA Lipske was lying again so he wrote to Judge Madden complaining that the DA allegedly lost the DNA and photos. Judge Madden did not respond to his formal complaint about critical evidence being lost.
FACT: Don also wrote to court clerk Virginia Giacomino, asking her what she believes could have happened to the photographs which the court is required to keep for 75 years. The clerk immediately wrote back to Don and informed him that the photos are there in the court's files, and she sent along B&W copies to prove it.
FACT: Don next wrote to Deputy Roy Foryan and asked for details of the investigation he conducted at DA's Lipske's request into what happened to the DNA kit. Foryan answered by saying he had no involvement in any such investigation or with any other aspect of Don's case. So once again, DA Lipske had been caught telling a lot of lies.
FACT: Don was returned from prison to attend a post-conviction hearing, at which time Sheriff Bruneau told Don: "lf you only knew what is really going on here, I would have to let you go right now." Don pleaded with Bruneau to tell him what really is "going on here," but Sheriff Bruneau looked down, shook his head, and said "I can't tell you. I just can't" which is almost exactly what Deputy Wicklund said to Don's brother during trial.
FACT: Connie's close friend Michele Aspinwall came forward and told investigators that Connie often threatened revenge against other prior boyfriends who had decided to break up with her, and revealed personal knowledge that Connie was socially-sexually involved with the judge in this case, Patrick Madden, for years prior to Don's trial.
FACT: Don testified at trial that he told Connie to move out of his home because she was cheating on him with a prior boyfriend, K. Aijala, and that she was falsely accusing him as revenge for breaking up with her. Don also testified that Connie had promised he would "pay" for this. K. Aijala has come forward and informed us that when Connie lived with him, she had often threatened to make him "pay" when angry and then she would make false accusations against him and misuse the courts as revenge against him.
FACT: Connie claimed Don had held her against her will at his house but Don testified this was false, that he had instead directed her to move out. Mr. Aijala also indicated in his statement that Connie told him Don had "kicked her out" of his house, which matches Don's trial testimony exactly and completely contradicts Connie's trial testimony.
FACT: Don also testified that Connie told him her bruising was caused by her other boyfriend while she was at his home. She was there despite a protection order she had on that boyfriend, which order claims he beat and bruised her many times. Aijala admitted Connie would come to his home but indicated he didn't want her there, and stated it took him and two other men to remove her from his home. That it took three grown men to physically remove Connie supports Don's testimony that she would come home with bruises after visiting her other boyfriend's residence. Connie herself admitted at trial she was inside her other boyfriend's home in the middle of the night just before Don's arrest.
FACT: Shortly after our website began publishing evidence proving Connie has falsely accused Don, DA Martin Lipske called the prison where Don is held and falsely accused Don of calling Connie by phone to threaten and harass her. Prison officials investigated all the phone records and determined that Don had never made any such calls at any time.
FACT: State attorney regulatory personnel had questioned DA Lipske about his false accusation against Don, and Lipske's story that he gave them changed several times and conflicted with the information given by both Don and the prison's captain. But when questioned about his lie by a news reporter, DA Lipske now claimed it was Connie who had lied. So DA Lipske admitted that Connie does falsely accuse Don. But did he ever charge her with making a false complaint? No; and he has not even questioned her.
It is admitted by the state that Connie Vargovich does falsely accuse Don Miller.
FACT: Additional results of ongoing professional investigation include Connie's once closest friend (K.R.) having revealed to an investigator that Connie Vargovich was in a sexual relationship with the investigating sheriff’s deputy in this case, Joe Robinson, immediately after Don's arrest, and that their sexual relationship had involved rough sex and hair pulling and had continued all through the time of Don's trial. And this explains why there had been no investigation by the "investigating deputy" Joe Robinson.
FACT: Further evidence Connie is not a traumatized rape victim as falsely portrayed at trial is the fact that real traumatized rape victims don't run to the police and complain of rape then immediately jump into bed and engage in rough sex with them.
FACT: Connie's once closest friend(K.R.)also indicated to an investigator that Connie often brags and boasts about her "special relationship" with Judge Madden and how he always "protects her" from legal problems. Now we know why Don is still in prison, why he and his family are being denied justice, and why she is still free and not being charged.
FACT: Former lron County DA Jodi Bednar-Clemens wrote Don a letter expressing sympathy and stating her strong belief that Don was " Royally screwed by two individuals who grossly abused the power of their offices” to convict him. Another local attorney also wrote Don a letter saying that his own experiences with DA Lipske matches what we say about Lipske in that he abuses the powers of his office, overcharges people, fails to investigate, is vindictive, and exhibits a disturbing "casual disregard" for facts.
FACT: Sam Albert, M.D., a medical expert far more experienced than Dr. Robins, has carefully reviewed the medical report and the testimony given by Dr. Robins and wrote a statement affirming there was absolutely no medical evidence whatsoever to support the opinion of sexual assault given by Dr. Robins at trial.
FACT: In addition to the Alan Prezkop affidavit indicating Connie had confessed Don's complete innocence, Connie's once closest friend's (K.R.'s) daughter also informed one of her friends (T.F.) that her mother (K.R.) had informed her that "Connie made the whole thing up" against Don Miller. Everyone knows Connie falsely accused Don Miller.
7. UNDISPUTED PAROLE HEARING FACTS
FACT: After ten and a half years in prison Don became eligible for parole in early 2008 but was denied because he did not 'confess' guilt and parole officials refuse to review any of the above facts because they rely only on police reports and the fact that someone was convicted. They do not care about anything else. Don is not eligible again until 2013.
FACT: And Connie yet once again stabbed Don in the back by telling the Parole Board she is "still traumatized" by having had a "red-laser sighted gun" pointed at her, apparently forgetting she had abandoned that false story at trial 11 years earlier after it was proved that no such gun even existed. Connie had wanted to cause more trouble for Don as revenge for our website so simply resurrected the previously abandoned red-laser sighted gun story in hopes of denying Don's parole.
FACT: Wisconsin law requires that the judge and prosecutor who put a person in prison have an opportunity to comment on whether parole should be given, and in nearly every case they oppose parole. But to their credit, Judge Madden and DA Lipske did not oppose Don's parole, which strongly suggests they know Don deserves to be home with his family. But they did not rise to the level of requesting his release. They just kept quiet.
8. UNDISPUTED MISCELLANEOUS FACTS
FACT: DA Lipske and Sheriff Bruneau were criminally negligent in failing to conduct an investigation prior to trial, as was admitted by the 'investigating deputy' at trial. They continue in that negligence today and now it is new sheriff Tony Furyk and DA Lipske still refusing to investigate evidence that includes Connie's confession Don is innocent; affidavits; an eyewitness to the fact there was no sexual assault; new witnesses; certified telephone records proving Connie's story to be a complete and total lie; and a ton of other evidence and information. They simply close their eyes and ignore all the FACTS.
FACT: Further proving DA Lipske absolutely knows Don is falsely accused is Lipske's refusal to answer critical questions regarding the numerous gross irregularities in this case, many of which unanswered questions are in letters sent to him published on the website, which questions he knows he cannot answer without lying, ignoring facts, or admitting Don is entitled to relief. Knowing Don is innocent, DA Lipske remains silent.
FACT: Rather than simply admit mistakes were made, which everyone now knows, and rather than help an innocent man out of prison, DA Lipske chooses to casually disregard all facts, and Judge Madden is even worse. Above all others, Madden is the one most responsible for undoing this wrongful conviction caused by lies, prosecutor misconduct, and his own failure to recuse from the case, and he too is caught in misconduct and in his assisting and collaborating with others to deprive Don of his rights, justice, and freedom. This case is documented proof of severe, and scary, government corruption and crime.
FACT: The Judge and DA were asked to refute any of the above FACTS but have not because they cannot. They were also asked to point to one single lie Don ever spoke or wrote, or simply show any inconsistency in his version of events. But again, they do not because they cannot. Based upon the FACTS, it is clear that they know Don is innocent.
FACT: Three local men were recently jailed after DA Lipske charged them with having sexually assaulted a woman, but Lipske then asked Judge Madden to dismiss their charges because, as Mr. Lipske said, the alleged victim's story is "inconsistent". He then brought charges against the alleged victim.
FACT: Yet Connie-with six different stories, admitted lies, and other false accusations against Don; false swearing; perjury; documented evidence of a false story; and her own confession of Don's innocence-is not even being questioned by the DA or police. This is very convincing evidence she is being protected due to her relationship with the judge, and to also keep her from talking about what she knows about Iron County officials' involvement in this case. Why else do they treat Don so differently than everyone else?
FACT: Because they all know she lied and falsely accused Don, all of Connie's friends support Don and are not happy with her failure to come forward to help him. The website is full of comments submitted by Connie's own friends and others who know her, and by people who have had their own problems with her. These comments are not pretty.
FACT: Attorney Dall'Osto told Don that "Nobody believes you are guilty anymore, Don, and the only reason you are still in prison is because they are afraid that if they let you go, you will come out swinging lawsuits like a Billy-club and beat everyone down." Don is being denied justice in order to protect those who do the wrongs.
9. INCONSISTENT STATEMENTS BY DON MILLER
FACT: Not one single lie or inconsistency exists in any statement or testimonies given by Don Miller to the police, DA, jury, or in the numerous documents on our websites.
1O. THE TRAGIC DEATH OF DON'S BELOVED SON
FACT: Don and his son, Kirk Selves, were always extremely close and loved each other very much and Don always described Kirk as "The greatest gift God ever gave me" and that Kirk was his "whole world" and his "everything" All his plans, hopes, and dreams for the future involved getting home to his son. It's all he lived for. Kirk felt the same about his dad and is the one who started the battle to get his dad home, believing that getting the public involved was the way to get officials to acknowledge the FACTS and let his dad come home. Kirk started www.freemyfather.com and the evidence and facts Kirk presented on his site proved to our community that his dad is indeed innocent.
FACT: As the years went by, despite community support, inflow of new evidence, new witnesses, and the Wis. Innocence Project joining the fight for his dad, Kirk became more and more frustrated that his dad was not yet home. In the fall of 2011 Kirk wrote his dad a letter saying, "l will sacrifice myself for you dad, if I have to. I swear to God I will." Don took this as a suicide threat that Kirk would harm himself to bring more attention to his case and sent that letter to Kirk's grandparents, who all tried to help Kirk cope with his struggles. Don kept in close contact with Kirk, encouraging him and being optimistic.
FACT: On December 28th, 2011, Kirk "sacrificed" himself by committing suicide. He was only 30 years old. Our family is devastated, but Don's whole world collapsed. As Kirk hoped, attention to his dad's case has greatly increased, but these despicable Iron County corrupt officials continue to ignore all facts, making a mockery of Kirk's death.
FACT: In the weeks prior to Kirk's death his mother and his dad, Don Miller, had repeatedly contacted DA Martin Lipske and explained to him that Kirk was losing his ability to cope with his dad's ongoing imprisonment and the injustices being utterly ignored by the sheriff, DA, and judge in this case, and that Kirk had continually said that the only thing he needed was for his dad to come home to him. Don told DA Lipske that he is the only one who can help Kirk so needs to get home now, before something bad happens to Kirk and Don literally begged DA Lipske to do his job by investigating the facts and either prosecuting Connie Vargovich, or seeking Don's immediate release.
FACT: DA Lipske brushed Kirk's mother away and completely ignored Don's letters. DA Martin J. Lipske's refusal and failure to do his job triggered Kirk's death. DA Lipske, retired sheriff Bruneau, current sheriff Tony Furyk, ex-deputy Robinson, and Judge Madden have all refused to perform their required duties in this case, and they and Connie Vargovich all have Kirk's blood on their hands. We now consider each and every one of these people to be murderers, and our community and Don's supporters are in full agreement with this. And they still do nothing. Obviously, this has now gone way too far.
11. KIRK'S DEATH NOT ENOUGH FOR CONNIE
FACT: Just ten days after Kirk's death, Connie Vargovich and her sister had confronted Kirk's mother in a hostile manner while she was out in public and Connie's sister was eagerly egging Connie on to beat Kirk's mother. But Connie noticed several of Kirk's friends there with Kirk's mother so wisely decided not to attack Kirk's mom. It was not enough for Connie that she had caused Kirk's death, Connie now wanted Io see the pain of Kirk's loss in his mother's face and was looking to add to that pain. Connie Vargovich is a very, very sick individual and needs to immediately be locked away for a long time.
12. CONNIE SAFER IN PRISON
FACT: We have received communications from many of Don's supporters and Connie's friends who are all outraged over Kirk's death, and many people have made it clear that Connie is no longer safe on the streets in Iron County, and Connie has already been attacked at least once since Kirk's death. We do not condone violence but if the government won't investigate and lock her up where she deserves to be and where she certainly belongs, then the community will get justice in other ways. Based upon all facts and the public hostility towards Connie, it is now clear that she will be much safer locked away in prison, and Connie herself is now expecting to be prosecuted.
13. CONCLUSION
Proven by hard facts and objective evidence are the false accusations against Don; felony perjury; false swearing; conspiracy; destruction of evidence, mail fraud, obstruction of justice; felony misconduct in public office; betrayal of the public trust; aiding, abetting and harboring felons, and absolute heartless cruelty to Don Miller and his family.
All above facts have been submitted to Judge Madden, DA Lipske, and to Sheriff Furyk. It is tragic that they refuse to act in either a professional capacity or as human beings by simply admitting what is well proven and what you and everyone else can clearly see, and that is the proven fact that Don Miller was falsely accused, wrongly convicted, and most certainly entitled to go home to what is left of his family. Don has suffered far too much already, and this is absolutely inexcusable.
This case will not go away, investigation will never stop. And the longer this drags on, the more evidence that will be collected, the more witnesses will come forward, and Iron County officials will be caught in more corruption, deception, and misconduct. It would be in the interest of justice and in the best interests of everyone involved in this case if this wrongful conviction were to be corrected immediately.
Due to his ever increasing disgust and frustration with what has been going on in this case and with the fact that Connie Vargovich and Iron County officials have been getting away with it all, Don's beautiful and beloved son Kirk Selves has tragically given his own life to bring more attention to his dad's case. It was Kirk's last ditch effort to help his dad, and these dirty rotten corrupt Iron County officials ignore that as well.
The above listed facts comprise enough evidence to cause Don's immediate release and criminal prosecutions of those who are involved in his case. That this has not happened yet is just one more travesty of justice and is completely unjustifiable and inexcusable. Don has been fighting for himself and his son for years and now our entire community and all of Connie's friends are on his side. The battle will never end until Don is home!
And to Connie: The best possible thing you could do right now is to turn yourself in and admit that you falsely accused Don of rape and other crimes. It is in your own best interest to do so, as this will result in far lesser penalties. But if you don't turn yourself in today, we will see to it that they throw the book at you when your day comes. And your day is coming. Believe that. And you probably also know that the public anger against you is rising steadily. Throw in the towel and get this over with so that all of us, including you, can get on with the rest of our lives. Haven't you done enough damage???
Enough is enough already.
We will continue this fight for justice not only for Don, but also for that one very special, most beautiful person who we will forever hold tightly in our hearts and thoughts, Don's only child, his treasure above all treasures, his beloved son, KIRK DONALD SELVES.
If there is anyone who has any information that may in any possible way be of any help or interest to us, please contact us immediately. We need your support and also thank all of you for your support, encouragement, and many kind words. Thank You.
**** Thanks to Nancy for converting, reformatting and preparing this text for publishing on the web.
