Schimel should have stayed involved in youth prison probe, Kaul says
AG spokesperson implies DOJ did not make that decision
MADISON - Attorney General Brad Schimel should not have allowed federal authorities to take over an investigation into alleged inmate abuse at the state’s youth prison, Democratic challenger Josh Kaul said Thursday.
Kaul, a former federal prosecutor, said Schimel “mishandled” the probe, and that the state Department of Justice should have remained involved in the review that began nearly four years ago.
“It’s unusual, I think, for the Department of Justice just to stop investigating a case entirely and to leave it to the federal government, and I think we’ve seen that was not an effective approach because we still don’t have a resolution years later now in this investigation,” Kaul said during a luncheon event hosted by WisPolitics.com.
The Department of Corrections began an internal investigation into alleged inmate abuse and other potential crimes at the Lincoln Hills School for Boys and Copper Lake School for Girls in Irma in October 2014 — a review that turned into a probe conducted by the DOJ soon after.
The DOJ conducted its investigation of the prison north of Wausau for about a year and then turned it over to the Federal Bureau of Investigation. Since then, very little has been released about the probe, and two former guards were notified in late 2017 they could be charged but haven’t been as of Thursday.
The probe is looking into allegations of prisoner abuse, child neglect and other crimes. Separately, state officials face multiple lawsuits over the facility, including one that resulted in a court order to reduce the use of solitary confinement and pepper spray.
“This is a juvenile facility in Wisconsin involving juveniles from Wisconsin — our AG should have remained a part of that investigation,” Kaul said.
Johnny Koremenos, a spokesman for Schimel, said Kaul’s comments display his “ignorance on criminal law” and suggested the state DOJ could not control whether they were a part of the probe.
“Josh Kaul’s inexperience is showing again. He has never prosecuted a single criminal case in Wisconsin. Not one, ever,” Koremenos said. “The Obama administration stepped in and took over the investigation. He either doesn’t know that or is willfully trying to mislead the public.”
A spokeswoman for U.S. Attorney Scott Blader, who oversees the federal investigation, said the investigation is “ongoing” but that federal rules prohibit the office from providing details about its status.
Kaul’s criticism of Schimel’s handling of the youth prison probe echoes similar claims made by former DOC Secretary Ed Wall in a recently published book about Wall’s time working under Gov. Scott Walker.
Koremenos said Kaul on Thursday “reiterated the activists’ talking points on the Lincoln Hills investigation.”
Wall told WKOW-TV in January that the lead investigator Schimel assigned to the case worked on it part-time, and that DOJ officials were “dragging their feet unbearably” and “just wanted to get it out of their lap.”
Records obtained by the Milwaukee Journal Sentinel from the DOJ and DOC show the probe was conducted in fits and starts when Schimel’s agency was in charge of it.
Kaul also said that if elected he would seek to enforce the terms of the contract signed by Foxconn Technology Group officials in exchange for $3 billion worth of state tax incentives. The company is getting another $1 billion in other incentives.
Foxconn has committed to investing $10 billion and creating up to 13,000 jobs, but the scope of its plans have shifted since Walker administration officials inked the contract and now Foxconn won’t say it still plans to build the type of factory specified in its contracts with state and local government.
“If Foxconn is not living up to the terms of the deal it struck, I think our AG should be making sure that our public is aware of that. And if there are actions that should be taken legally because Foxconn has broken its contract or has broken a law, I think our AG needs to hold Foxconn accountable just like anyone else who broke our laws would be held accountable,” Kaul said.
In response, Koremenos said: “Every business owner in Wisconsin should worry about Josh Kaul’s sue-first-ask-questionslater approach toward job providers.”
“Of course, the AG has the responsibility to enforce the terms of a contract between the state and any entity, but to date, there is not a shred of evidence that Foxconn has breached the terms of their agreement, and it’s irresponsible for activist Josh Kaul to go off without the facts,” he said.
“It’s unusual, I think, for the Department of Justice just to stop investigating a case entirely and to leave it to the federal government, and I think we’ve seen that was not an effective approach because we still don’t have a resolution years later now in this investigation.”
Josh Kaul