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Showing posts with label Judge Madden recusals. Show all posts
Showing posts with label Judge Madden recusals. Show all posts

Thursday, October 4, 2012

Patrick J Madden: Key Figure in the Wrongful Conviction of Don Miller #4

Today in part 4 of our series on Judge Madden we are releasing a never before released interview between Stephen Williams and Judge Patrick Madden.

May 21, 2012 - Iron County Courthouse


LISTEN to the Interview

VIEW the transcript of this Interview


Please phone into the "Free Don Miller" Radio Show on the Underground Hard Drive Radio Network, tonight, Thursday, October 4th, 2012 9pm CST to let us hear your comments on this interview.

http://www.blogtalkradio.com/undergroundharddrive

Tomorrow, the last in our series on Judge Madden we will talk a bit more about the sealed cases among other unrelated issues to the Don Miller case and the FREE DON MILLER web campaign.



Monday, September 12, 2005

Judge Madden recuses himself from wrongful death suit.

***Whilst the article does not explain why Judge Madden recuses himself from this case, I speculate that the reason is because the defendant, Laureen Kutz, is the wife of Iron County District Attorney Martin J. Lipske. Laureen Kutz graduated from Hurley Highschool in 1972 with Mr. Lipske. To make a note, JoAnne Saari now Gotta, daughter of juror Lempi Saari in Don's trial also graduated with both of them in Hurley in 1972.

Suit Claims Wrongful Death

12-Sep-2005

Ironwood Daily Globe

HURLEY -- A Newport Heights, Ironwood, man claims a salmonella bacteria spreading throughout the Sky View and Villa Maria nursing homes in Hurley was a "substantial factor in contributing to the illness, infection, and death" of his mother.

In filing an Iron County lawsuit on Wednesday against Lawrence, Laureen, and John Kutz, the Villa Maria Health and Rehabilitation Center, Sky View Nursing Center, and Lexington Insurance Company, Keith L. Anderson claims "the defendants failed to timely warn residents of all facilities that an outbreak of salmonella was occurring or had occurred."

Anderson is being represented by Greenfield, Wis., attorney John Carter.

Anderson claims that the failure to notify other residents in a timely manner, caused his mother, Elaine V. Anderson, and other residents to be exposed to the salmonella bacteria.

Anderson died on Feb. 25, 2004 at the Grand View Hospital.

Her original death certificate shows she died of aspiration pneumonia. The death certificate was amended on May 27, 2004, when dementia, with a possible contribution of diabetes mellitus and salmonella were added.

According to the complaint, prior to Feb. 25, 2004, but after Feb. 6, 2004, the Villa and Sky View, delivered food to Anderson at the Sky View.

Shortly after consuming some of the food, Anderson became seriously ill because the food was contaminated with salmonella bacteria, the complaint said.

Anderson seeks "an amount to be determined by the trier of fact, recovery of expenses for last illness and burial, costs and attorneys' fees, and whatever other relief deemed equitable and just."

This lawsuit comes two weeks before the Helen Kolson lawsuit against the Villa goes to trial, Sept. 20-22, with a demand for a 12-person jury filed.

Kolson, who is represented by Carter, claims on Feb. 5, 2004, she became ill from salmonella bacteria from food prepared and served at the Villa.

Villa officials said the matter was investigated by the health department and the Villa was found to be in compliance in its food preparation process.

The incident was investigated by the Bureau of Quality Assurance out of Rhinelander, Wis., according to Iron County Health Department Director Noreen Gilbertson. She said the health department does frequent inspections at the Villa.

On Aug. 23, Gilbertson noted two facts in the case: "There was a germ and there never was a true identification of the source."

Iron County Judge Patrick Madden recused himself on Aug. 17.

Vilas County Judge Neal A. Nielson was assigned the case.

A similar case to that of Kolson was filed by Ellen Czerneski on Feb. 14. Czerneski resides in the same Taconite Street apartment structure as Kolson.

Czerneski is also being represented by Carter.

She is also demanding a jury trial, with no trial date yet set.

Friday, September 9, 2005

Judge Madden recuses himself in investigation of Jody Bednar-Clemens

"Kerr also names District Attorney Martin Lipske and Judge Patrick Madden as parties-to-the-crime. The motion alleges Madden and Lipske harbored and aided Bednar-Clemens who committed misconduct in office"




[ Download article page 1 ]

[ Download article page 2 ]

Tuesday, May 10, 2005

Judge Madden recuses himself from murder trial of Mark Laguna

Click to enlarge.

[ Download article ]

Many more websites picked up on this story regarding the strange circumstances of the case and the fact that Mark Laguna was prescribed 4 different anti-depressants known to induce psychosis.

SSRI Stories - the case of Mark Laguna
Antidepressants under scrutiny - paxilprogress Forum  - discussion of the Mark Laguna case
Homicides under the influence of SSRI's and ADHD medications - www.whale.to


**** Judge Madden recuses himself as Brenda Laguna, the murder victim was a contracted employee in the Iron County Court System in the Human Services Department as a victims advocate.

Monday, February 4, 1991

CONFLICT OF INTEREST: Judge Patrick Madden joins Grand View Hospital Board of Trustees


[ Download article ]

Did Judge Madden have a conflict of interest concerning the testimony of Lanny E. Robins, a doctor employed by Grand View Hospital???

From www.freedonmiller.com...
"Since Don's trial, it was discovered that the Judge on Don's case, Patrick Madden, was on the Board of Directors at the Grand View Hospital when Connie was sent there for Dr. Robins' exam. We now know that Connie and the Judge were sexually involved, and we now know Judge Madden was Dr. Robins' boss! This was confirmed by the Grand View. No wonder DA Lipske sent her there rather than to a Wisconsin hospital."

From The Temple Law Review, NO ACTUAL BIAS NEEDED: THE INTERSECTION OF DUE PROCESS AND STATUTORY RECUSAL

1. State Judicial Codes 
All fifty states have adopted the American Bar Association’s Model Code of Judicial Conduct (“Model Code”) in substantial part.20 Rule 2.11 of the Model Code governs recusal.21 Rule 2.11(A) provides that “[a] judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to” six specific examples then listed.22 The comment to Rule 2.11 indicates that this provision is a catch-all, and that recusal is not limited to the situations given as examples. 23

Rule 2.11(A)(1) through (6) require recusal in instances of the judge’s
personal bias against a party or lawyer; the judge’s personal knowledge of the facts of the proceeding; an economic interest24 in the outcome of the litigation on the part of the judge or his spouse, parent, or child; when the judge, his spouse, or his close family member is a party, trustee or officer to a party, lawyer, material witness, or has an interest substantially affected by the proceeding; and when the judge has made public statements that appear to commit the judge to an issue in the case.25 Rule 2.11(A)(4) provides for recusal when “the judge knows or learns by means of a timely motion that a party, a party’s lawyer, or the law firm of a party’s lawyer has within the previous [insert number] year[s] made aggregate contributions to the judge’s campaign in an amount that is greater than $[insert amount],”26 leaving it up to the state adopters of the Model Code to determine the year and dollar amounts. At least one state has adopted Rule 2.11(A)(4).27

Have a look at past cases where Judge Madden recuses himself for conflicts of interest.

GVH Board members serve 6 year terms on the Board and are allowed to serve 2 consecutive terms. Was Judge Madden reappointed for another term in 1997 and serve on the Board at the time of Don's trial??? 
[ Find out here ]