John T. Chisholm

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John T. Chisholm
Milwaukee County District Attorney
Assumed office
January 1, 2007
Preceded by E. Michael McCann
Personal details
Born John Theodore Chisholm
March 14, 1963
Milwaukee, Wisconsin, U.S.
Political party Democratic[1]

John Theodore Chisholm (born March 14, 1963) is an American prosecutor and the district attorney of Milwaukee County, Wisconsin, serving since 2007. Prior to his election as district attorney, Chisholm was an assistant district attorney and the supervisor of the office's gun-crime unit. He has prosecuted several notable cases, including those of former Milwaukee alderman Michael McGee, Jr., serial killer Walter Ellis, and several associates of Wisconsin Governor Scott K. Walker. Conservative groups have criticized Chisholm, a Democrat, for initiating an investigation into allegations of possible violations of Wisconsin's campaign finance laws during the 2012 Wisconsin gubernatorial recall election.

Biography

Chisholm was born in Milwaukee and raised in the suburban communities of Menomonee Falls and Elm Grove in Waukesha County. He graduated from Marquette University High School in 1981 and attended St. John's University and Marquette University, graduating from the latter in 1986.[2] Between 1986 and 1990, Chisholm enlisted in the U.S. Army and was stationed in the Korean demilitarized zone, rising to the rank of first lieutenant. In 1994, Chisholm graduated from the University of Wisconsin Law School. He was hired that year as an assistant district attorney by E. Michael McCann, then the district attorney of Milwaukee County.

In 1999, Chisholm was selected as supervisor of McCann's firearms enforcement unit.[2] In this position, Chisholm prosecuted millionaire marijuana dealer Kenneth L. Green and members of Jamaican and Latin Kings organized crime outfits.[2][3] When McCann announced his impending retirement in December 2005, Chisholm entered the race to replace him. After defeating former Milwaukee alderwoman Larraine McNamara-McGraw in the Democratic primary, Chisholm easily outpolled independent Lew Wasserman in the general election.[2]

Tenure as district attorney

As district attorney, Chisholm established a public integrity unit, resulting in the prosecution of Milwaukee alderman Michael McGee, Jr., who was later convicted of federal crimes including bribery and extortion. McGee was also convicted of two state crimes, to which he pleaded nolo contendere.[4] Chisholm's office has prosecuted other officials, including Milwaukee County supervisor Toni Clark[5] and fellow supervisor Johnny Thomas, a candidate for Milwaukee City Comptroller who was prosecuted in 2012 for bribery but acquitted at trial.[6]

In October 2012, Chisholm charged four Milwaukee police officers with crimes ranging from sexual assault to misconduct in public office for their involvement in the unlawful rectal probing of detained suspects.[7] Michael Vagnini, the officer most implicated[clarification needed] in the illegal searches, was sentenced to 26 months in state prison.[8] Chisholm has also investigated and prosecuted violent felons, including preacher and organized crime figure Michael Lock and serial killer Walter E. Ellis, known as the "North Side Strangler" who targeted prostitutes in Milwaukee for two decades.[9]

Chisholm implemented criminal justice reforms, which focus primarily on community-based prosecution, evidence-based decision-making, and the deferred prosecution of drug-addicted and mentally ill defendants.[10][11] Chisholm is a director and past chair of the Association of Prosecuting Attorneys, a national organization of American prosecutors.[12]

John Doe probes into certain staffers of Governor Scott Walker

In 2010, Chisholm conducted a confidential "John Doe" investigation into financial and political misconduct on the part of staff and campaign supporters of politician Scott Walker, then the Milwaukee County Executive and a successful candidate for Governor of Wisconsin.[13][14] The investigation resulted in four felony convictions, including those of Timothy Russell and Kelly Rindfleisch, who had served successively as Walker's deputy chief of staff.[15] During the course of this investigation, Chisholm initiated a second John Doe probe, investigating potential violations of Wisconsin's campaign finance laws during the 2012 gubernatorial recall election. Due to the geographic breadth of this investigation, Chisholm and four other Wisconsin district attorneys turned over its management to former Assistant United States Attorney Francis Schmitz.[16]

Conservative activists have alleged that this investigation, which was permanently halted by the Wisconsin Supreme Court on June 16, 2015, was a partisan undertaking against Walker's supporters.[2] This claim was reiterated by Michael Lutz (who committed suicide in 2015), who served as a short-term special prosecutor in Chisholm's office and who claimed to have been a close friend of the Chisholm family. Lutz alleged that Chisholm's investigation was motivated by his wife, a public school teacher and union steward. Chisholm's attorney, Samuel Leib, denounced this claim as "scurrilous, desperate, and just plain cheap."[17][18]

Conservative activists including Eric O'Keefe sued and filed complaints against Chisholm, in both federal and Wisconsin courts, alleging the commission of civil rights violations during the course of the investigation. The United States Court of Appeals for the Seventh Circuit dismissed a federal civil rights claim but did not restart the investigation, pending litigation in state court ultimately resolved in 2015.[19] Following the federal court ruling, conservative activist Chris Kliesmet requested that a Dodge County prosecutor and circuit judge probe Chisholm's conduct during the second investigation. The judge, Steven Bauer, ruled on November 6, 2014 that Chisholm had acted "in good faith" and noted the campaign finance laws used as the investigation's basis "were and are arguably still enforceable", depending on the outcome of appellate litigation in state court.[20][21]

Sources

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  13. "Wisconsin is the only state to use such a system. A state or two may have laws similar to Wisconsin's John Doe statute, he said, but he could find no evidence they had been used for decades.", jsonline.com; accessed April 21, 2015.
  14. Explanation of what a "John Doe investigation" is, hbslawfirm.com; accessed November 8, 2014.
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  17. Martosko, David. Daily Mail report on Chisholm's "John Doe" investigations, dailymail.co.uk; accessed November 5, 2014.
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  21. Judge Bauer won't launch probe of "John Doe" prosecutors, channel3000.com; accessed November 28, 2014.