Tuesday, June 10, 2008

State Supreme Court Rules That Tape-Recorded Evidence Is Admissible

The State Supreme Court made a great ruling here. 

Tape-recorded evidence was appropriately used in the trial of a school bus driver convicted in 2004 of child abuse for berating and slapping a 9-year-old boy with Down syndrome, the Wisconsin Supreme Court said in a decision released this morning.

The decision affirmed a ruling by Milwaukee County Circuit Judge Michael Brennan, who conducted the bus driver’s trial, but reversed a split decision by the 1st District Court of Appeals that had said the statements should not have been used in the trial.

The driver, Brian Duchow, 33, of Milwaukee, already has served a two-year prison sentence and one year of extended supervision in connection with the incident.

(3) Comments
Posted by Owen at 1749 hrs
Law + Politics + Politics - Wisconsin

  1. Not good news for Mr. McGee….

    Posted by .(JavaScript must be enabled to view this email address) on June 11, 2008 at 0913 hrs


  2. I heard this case discussed yesterday on WTMJ and the mother called in.  At the time of her call she had not heard the decision but when told she expressed trememdous relief.  Her main goal is to make sure this bus driver never has the opportunity to do this to another child.  Seems she went through a lot of hoops to reach her goal - she got shuffled from one agency to another.  The bus driver is claming his rights were violated because he wasn’t aware he was being taped, however if the mother had treated her child like he treated him on the bus she would most likely been arrested, child protective services would have been called in and she may have lost custody.

    Posted by .(JavaScript must be enabled to view this email address) on June 11, 2008 at 1001 hrs


  3. Damn that Loophole Louie!  Oh, wait…

    Posted by .(JavaScript must be enabled to view this email address) on June 11, 2008 at 1654 hrs


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