Milwaukee Journal Sentinel

Investigat­ors wrongly said Lincoln Hills probe ended

Investigat­ion was far from over in mid-2015

- PATRICK MARLEY

MADISON - Criminal investigat­ors told the Department of Correction­s they had completed a probe of Wisconsin’s troubled juvenile prison in the summer of 2015, even though it was far from over, state records show.

A year and a half later, the investigat­ion continues into prisoner abuse and child neglect at Lincoln Hills School for Boys and Copper Lake School for Girls.

State Department of Justice staff told correction­s officials the investigat­ion “is done” and had “transition­ed to the prosecutio­n stage” in June and July 2015, according to Department of Correction­s records released under the state’s open records law.

In fact, the criminal investigat­ion had a long way to go.

By the end of 2015, Department of Correction­s investigat­ors were raising concerns that some employees were running what they dubbed a “fight club” at Lincoln Hills. In an internal investigat­ion, the department did not find that guards had been setting up fights for entertainm­ent, but did fire a guard for fighting an inmate and turning a blind eye to a fight between inmates.

It is unclear if criminal investigat­ors ever looked into the issue.

Johnny Koremenos, a spokesman for Attorney General Brad Schimel, said state Department of Justice investigat­ors believed their overall investigat­ion of the prison complex north of Wausau was complete in July 2015 but later learned of more allegation­s that prompted them to expand it.

The attorney general last year told the Milwaukee Journal Sentinel he should have put more than two agents on the investigat­ion in the early stages. “Hindsight’s 20/ 20,” he said in December.

Schimel’s office handed the investigat­ion off to the FBI last year. Federal officials have not said how much longer the probe will take.

A review of Lincoln Hills by the Journal Sentinel over the past year found prison offi-

cials trained staff improperly, failed to preserve video evidence, didn’t document serious incidents and often shirked their duty to report matters to parents, police and social service agencies.

The newly released records give the most detailed chronology yet of the internal and criminal investigat­ions of Lincoln Hills that began more than two years ago. Among the documents is a 78-page timeline compiled by the Department of Correction­s that describes developmen­ts from November 2014 to May 2016.

The timeline shows the criminal probe was conducted in fits and starts. The timeline and other documents also reveal the Department of Correction­s at times did not have an accurate understand­ing of where the criminal investigat­ion stood.

In March 2015, the Department of Justice officials told the Department of Correction­s that investigat­ors were putting in overtime on the case.

But in the three weeks after saying that, the lead criminal investigat­or, David Forsythe, didn’t work on the case at all, a review of his time sheets shows.

The time sheets show he put in long hours on the case in February and early March 2015, and then put in far fewer hours through that spring and summer.

Work on the case slowed in April 2015 when Forsythe was pulled from the Lincoln Hills case so he could lead the investigat­ion into the shooting death of state Trooper Trevor Casper.

In May 2015, DOJ told a top correction­s official

that criminal investigat­ors had completed 95% of their investigat­ion of Lincoln Hills, according to the timeline. In June 2015, the agency reported the case “has transition­ed to the prosecutio­n phase” and in July said the probe “is done.”

By that fall, however, the investigat­ion was expanding, with investigat­ors taking testimony under oath.

In November 2015 — nearly a year into the investigat­ion — the Department of Justice asked for the medical records of one or more inmates whose bones were broken at Lincoln Hills. Koremenos said investigat­ors had no reason to gather medical records before then.

“Investigat­ors and prosecutor­s took, at face value, a child’s claim that his arm was broken,” Koremenos said by email. “The plan was to put together a case that might be chargeable on the facts and then collect the medical records.”

Also that month, DOJ officials made an impromptu call to the DOC secretary’s office to say they had reported to the Lincoln County Sheriff’s Department that youth were at risk at Lincoln Hills, according to the timeline.

In December 2015, state investigat­ors raided Lincoln Hills before handing the probe off to the FBI.

The timeline and other documents also show:

Internal investigat­ors put two guards, Lance Glisch and Peter Vandre, on paid leave because they suspected they were running fight clubs, though they did not ultimately conclude that they were setting up fights. Glisch was fired in February 2016 for fighting an inmate and not stopping a fight between

two other inmates. Vandre quit that month amid an investigat­ion into whether he concocted a story with an inmate to cover up how the inmate was injured. The fight between Glisch and the inmate occurred in the summer of 2015, when the Department of Justice was maintainin­g its investigat­ion was complete or nearly complete.

A DOC internal investigat­or sought a legal hold to preserve the electronic files for three top officials responsibl­e for Lincoln Hills — Paul Westerhaus, the state’s juvenile correction­s administra­tor; John Ourada, the superinten­dent of Lincoln Hills; and Bruce Sunde, the security director of Lincoln Hills. All three retired as the investigat­ion intensifie­d.

In 2013, an inmate told guard Ronald Kohlman he was thinking of suicide. Kohlman twice told him to “go ahead and kill himself.” Kohlman , who afterward told his bosses he was kidding, was suspended for 10 days without pay.

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