Date: 2/19/2009
By LIBBY QUAID
AP Education Writer
WASHINGTON (AP) — Some schools deemed to be failing in one state would get passing grades in another under the No Child Left Behind law, a national study found.
The study underscores wide variation in academic standards from state to state. It was to be issued Thursday by the Thomas B. Fordham Institute, which conducted the study with the Kingsbury Center at the Northwest Evaluation Association.
The study comes as the Obama administration indicates it will encourage states to adopt common standards, an often controversial issue on which previous presidents have trod lightly.
“I know that talking about standards can make people nervous,” Education Secretary Arne Duncan said recently.
“But the notion that we have 50 different goal posts doesn’t make sense,” Duncan said. “A high school diploma needs to mean something, no matter where it’s from.”
Every state, he said, needs standards that make kids college- and career-ready and are benchmarked against international standards.
The Fordham study measured test scores of 36 elementary and middle schools against accountability rules in 28 states.
It found the schools failed to meet yearly progress goals in states with more rigorous standards, such as Massachusetts. But they met yearly progress goals in states with lower standards, such as Arizona and Wisconsin. Under No Child Left Behind, states have a patchwork of rules that vary from state to state, the study said.
No Child Left Behind is misleading, said Chester E. Finn Jr., president of the nonprofit Fordham Foundation.
“It misleads people into thinking that we have a semblance of a national accountability system for public schools, and we actually don’t,” Finn said. “And it’s produced results I would call unfair from one state to the next.”
No Child Left Behind was championed by President George W. Bush and passed with broad bipartisan support, though it has since become hugely unpopular.
The law prods schools to improve test scores each year, so that every student can read and do math on grade level by the year 2014. It is up to states to set yearly progress goals — “annual yearly progress,” or AYP — and each state has its own standards and tests.
It is unlikely the Obama administration or Congress will try to force states to adopt the same standards.
Rather, they favor a carrot-and-stick approach that offers states funding to develop new standards and tests or offers more flexibility under No Child Left Behind.
The House Education Committee chairman, Democratic Rep. George Miller of California, called for incentives when Congress prepared to rewrite the law in 2007, an effort that subsequently stalled.
In the Senate, Tennessee Republican Lamar Alexander pushed legislation that offered to waive the rigid annual yearly progress structure in exchange for raising standards to national or international benchmarks.
And in the newly enacted economic stimulus bill, there is a $5 billion incentive fund for Duncan to reward states for, among other things, boosting the quality of standards and state tests.
Several states are moving in that direction; for example, 16 of them working with Achieve, a nonprofit founded by governors and corporate leaders, have adopted common math and English standards.
Any effort toward common standards is likely to have support from teachers’ unions.
Randi Weingarten, president of the 1.4 million-member American Federation of Teachers, wrote an op-ed piece Monday in The Washington Post arguing for national standards.
Like Duncan, she used a football analogy, comparing the patchwork of standards to a Super Bowl where the Pittsburgh Steelers must move the ball a full 10 yards but the Arizona Cardinals must go only 7.
“Every other industrialized nation has national standards,” Weingarten said in an interview. “When you start thinking about how are we going to create a school system throughout the United States that helps enable kids to be prepared for college, prepared for life and prepared for work, you have to start with common standards,” she said.
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On the Net:
Thomas B. Fordham Foundation: http://www.edexcellence.net
Copyright 2009 The Associated Press.
States face competing priorities for stimulus cash
Date: 2/16/2009
By BETH FOUHY
Associated Press Writer
NEW YORK (AP) — It may sound like a nice problem for states — figuring out how to spend the billions in infrastructure funding they’ll receive as part of President Barack Obama’s economic stimulus plan.
But the task is more complicated than it seems, as state officials try to set priorities while managing competing pressures from communities, watchdog groups and federal regulators over how the money is allocated.
Under the plan Obama is expected to sign into law early this week, states will divide $27 billion to build and repair roads and bridges. That is less than half the $64 billion in projects states told the American Association of State Highway and Transportation Officials late last year that they had ready to go.
The law also requires that half the money be spent on projects that have been vetted by the federal government and deemed “ready to go” in 120 days, as a way to jolt the economy and create jobs. That means state officials are under pressure to make decisions quickly on which projects to fund and which to bypass.
While many states have made their lists of “ready-to-go” infrastructure projects available online for public review, others have resisted, in part because the limited stimulus funding means only a fraction of the projects will receive money. Watchdog groups say it’s likely that state officials fear angering constituents if a project appears on a wish list and then is struck from the final allocation.
“There will be huge internal battles in states about priorities,” said Phineas Baxandall of the Public Interest Research Group.
In California, for example, Gov. Arnold Schwarzenegger’s office rejected a request by The Associated Press for a detailed list of “ready-to-go” projects. The AP sought the information under the California Public Records Act, but the governor’s office last week said the documents were internal drafts, adding “disclosure would chill critical communications to and within the Governor’s Office, thereby harming the public interest.”
The sheer volume of money directed toward state projects has fueled calls for transparency, with journalists, interest groups and others demanding a full accounting of which projects receive the funding, which are rejected, and why.
Massachusetts Gov. Deval Patrick addressed that sentiment last week when he named a local real estate developer to oversee bidding for the stimulus money. Patrick also set up a new Web site with information on every project that receives the money.
“I don’t want to send a mistaken impression there are pet projects,” Patrick said.
The governor appeared with the state’s attorney general, Martha Coakley, who also will help track the stimulus funds.
“An ounce of prevention in handling the money is worth a pound of grand jury investigations and civil litigation down the road,” Coakley said.
Mindful of the accelerated timetable they face, states are moving quickly to develop mechanisms for identifying priority projects and disbursing funding for them.
Some have created oversight commissions while others are leaving decisions to state transit officials. Some are required by law to involve state legislators, while legislators in states that don’t require their participation are pressing to have input.
Ohio Gov. Ted Strickland, a Democrat, has retained a former U.S. diplomat as a temporary, unpaid “infrastructure czar.” But the Republican-controlled Senate, concerned that Strickland could try to push stimulus funding through the state’s Controlling Board instead of through the legislature, has drawn up a separate “spending blueprint” for the federal stimulus money.
Alabama Gov. Bob Riley, a Republican, has hired two former state finance officials to oversee the stimulus money. New Hampshire Gov. John Lynch, a Democrat, tapped a former attorney general to manage the funds, while Wisconsin Democratic Gov. Jim Doyle established a state Office of Recovery and Reinvestment led by the president of a local electric utility and a vice chancellor of the University of Wisconsin.
In Virginia, Gov. Tim Kaine, a Democrat, is taking a grass-roots approach, setting up a Web site seeking input from residents, local governments and community groups as to how the money should be spent. Nearly 600 suggestions poured in on the first day alone, state officials said.
In Colorado, 11 transportation commissioners will determine which projects to fund, in part based on recommendations from local governments and city planners around the state. No vote of the legislature is needed to spend the money.
Legislative input also is not required in Maine, but state lawmakers have pressed for involvement and Democratic Gov. John Baldacci says he will seek their guidance. He plans to present a plan for spending the stimulus so that legislative leaders can review it.
Montana’s constitution requires that the state legislature appropriate all spending. Lawmakers there are trying to determine whether to go through the normal appropriations process or accelerate it in some way.
The state’s governor, Democrat Brian Schweitzer, told the AP that lawmakers are likely to make changes to the $3 billion list of projects the state has identified as eligible for the stimulus money.
Gov. M. Jodi Rell of Connecticut, a Republican, created a working group of municipal officials, business leaders, legislators and state agencies to determine the final list of projects.
“The task before us now, ” said Rell, “is to identify the projects that will do the most to get people back to work, get our economy moving again and position us for success when the national business climate improves.”
___
Associated Press writers Michael Tarm, Tom Verdin, Steve LeBlanc, Phillip Rawls, Norma Love, Scott Bauer, Susan Haigh, Jean McNair, Colleen Slevin, Glenn Adams, Matt Gouras and Stephen Majors contributed to this report.
Copyright 2009 The Associated Press.
By BETH FOUHY
Associated Press Writer
NEW YORK (AP) — It may sound like a nice problem for states — figuring out how to spend the billions in infrastructure funding they’ll receive as part of President Barack Obama’s economic stimulus plan.
But the task is more complicated than it seems, as state officials try to set priorities while managing competing pressures from communities, watchdog groups and federal regulators over how the money is allocated.
Under the plan Obama is expected to sign into law early this week, states will divide $27 billion to build and repair roads and bridges. That is less than half the $64 billion in projects states told the American Association of State Highway and Transportation Officials late last year that they had ready to go.
The law also requires that half the money be spent on projects that have been vetted by the federal government and deemed “ready to go” in 120 days, as a way to jolt the economy and create jobs. That means state officials are under pressure to make decisions quickly on which projects to fund and which to bypass.
While many states have made their lists of “ready-to-go” infrastructure projects available online for public review, others have resisted, in part because the limited stimulus funding means only a fraction of the projects will receive money. Watchdog groups say it’s likely that state officials fear angering constituents if a project appears on a wish list and then is struck from the final allocation.
“There will be huge internal battles in states about priorities,” said Phineas Baxandall of the Public Interest Research Group.
In California, for example, Gov. Arnold Schwarzenegger’s office rejected a request by The Associated Press for a detailed list of “ready-to-go” projects. The AP sought the information under the California Public Records Act, but the governor’s office last week said the documents were internal drafts, adding “disclosure would chill critical communications to and within the Governor’s Office, thereby harming the public interest.”
The sheer volume of money directed toward state projects has fueled calls for transparency, with journalists, interest groups and others demanding a full accounting of which projects receive the funding, which are rejected, and why.
Massachusetts Gov. Deval Patrick addressed that sentiment last week when he named a local real estate developer to oversee bidding for the stimulus money. Patrick also set up a new Web site with information on every project that receives the money.
“I don’t want to send a mistaken impression there are pet projects,” Patrick said.
The governor appeared with the state’s attorney general, Martha Coakley, who also will help track the stimulus funds.
“An ounce of prevention in handling the money is worth a pound of grand jury investigations and civil litigation down the road,” Coakley said.
Mindful of the accelerated timetable they face, states are moving quickly to develop mechanisms for identifying priority projects and disbursing funding for them.
Some have created oversight commissions while others are leaving decisions to state transit officials. Some are required by law to involve state legislators, while legislators in states that don’t require their participation are pressing to have input.
Ohio Gov. Ted Strickland, a Democrat, has retained a former U.S. diplomat as a temporary, unpaid “infrastructure czar.” But the Republican-controlled Senate, concerned that Strickland could try to push stimulus funding through the state’s Controlling Board instead of through the legislature, has drawn up a separate “spending blueprint” for the federal stimulus money.
Alabama Gov. Bob Riley, a Republican, has hired two former state finance officials to oversee the stimulus money. New Hampshire Gov. John Lynch, a Democrat, tapped a former attorney general to manage the funds, while Wisconsin Democratic Gov. Jim Doyle established a state Office of Recovery and Reinvestment led by the president of a local electric utility and a vice chancellor of the University of Wisconsin.
In Virginia, Gov. Tim Kaine, a Democrat, is taking a grass-roots approach, setting up a Web site seeking input from residents, local governments and community groups as to how the money should be spent. Nearly 600 suggestions poured in on the first day alone, state officials said.
In Colorado, 11 transportation commissioners will determine which projects to fund, in part based on recommendations from local governments and city planners around the state. No vote of the legislature is needed to spend the money.
Legislative input also is not required in Maine, but state lawmakers have pressed for involvement and Democratic Gov. John Baldacci says he will seek their guidance. He plans to present a plan for spending the stimulus so that legislative leaders can review it.
Montana’s constitution requires that the state legislature appropriate all spending. Lawmakers there are trying to determine whether to go through the normal appropriations process or accelerate it in some way.
The state’s governor, Democrat Brian Schweitzer, told the AP that lawmakers are likely to make changes to the $3 billion list of projects the state has identified as eligible for the stimulus money.
Gov. M. Jodi Rell of Connecticut, a Republican, created a working group of municipal officials, business leaders, legislators and state agencies to determine the final list of projects.
“The task before us now, ” said Rell, “is to identify the projects that will do the most to get people back to work, get our economy moving again and position us for success when the national business climate improves.”
___
Associated Press writers Michael Tarm, Tom Verdin, Steve LeBlanc, Phillip Rawls, Norma Love, Scott Bauer, Susan Haigh, Jean McNair, Colleen Slevin, Glenn Adams, Matt Gouras and Stephen Majors contributed to this report.
Copyright 2009 The Associated Press.
Convicted killer backs judge for Wis. high court
Date: 2/14/2009
By RYAN J. FOLEY
Associated Press Writer
MADISON, Wis. (AP) — Unsolicited praise from a convicted cop killer isn’t the kind of endorsement that a judge with a tough law enforcement stance wants.
But that’s what Jefferson County Judge Randy Koschnick got from former client Ted Oswald, a man convicted of killing a police captain in 1994. The judge is now seeking a position on the Wisconsin Supreme Court.
In a letter sent from prison to The Associated Press, Oswald said Koschnick, his former public defender, did “exceedingly productive and good work” on his case in 1994 and 1995.
“If Judge Koschnick is selected for the Wisconsin Supreme Court, his voluminous first-hand knowledge of defense cases and the personalities of accused criminals would bestow to that court a fairer, more effective and more trustworthy perspective … .” Oswald wrote. “I only observed his practice on one case, but I would be inclined to see it his way.”
Oswald is serving a life prison term for killing a Waukesha police captain after robbing a bank with his father. Oswald, then 18, and his father were pulled over after the robbery and opened fire on police with semiautomatic rifles. They also took a woman hostage and injured two other officers before they were arrested.
Koschnick was assigned to represent Oswald along with colleague Samuel Benedict. They argued that Oswald’s abusive father brainwashed him into participating in the crime spree.
Koschnick’s defense of Oswald and his 14 years as a public defender before serving as a judge since 1999 have become an issue in his race against Chief Justice Shirley Abrahamson in the April 7 election.
Although Koschnick’s campaign has been endorsed by police chiefs, sheriffs and district attorneys, critics, in the past, have successfully argued that the work of public defenders undermines that of law enforcement. Another public defender-turned-judge, former Justice Louis Butler, was defeated in his re-election bid last year by critics who said his background indicated he was soft on crime.
Koschnick predicted his critics would exploit Oswald’s case but said he was proud of his work as a defense attorney. Still, he didn’t return the convicted killer’s praise.
“He is free to say whatever he wants, but his endorsement is no honor to me,” the judge said in a statement.
Copyright 2009 The Associated Press.
By RYAN J. FOLEY
Associated Press Writer
MADISON, Wis. (AP) — Unsolicited praise from a convicted cop killer isn’t the kind of endorsement that a judge with a tough law enforcement stance wants.
But that’s what Jefferson County Judge Randy Koschnick got from former client Ted Oswald, a man convicted of killing a police captain in 1994. The judge is now seeking a position on the Wisconsin Supreme Court.
In a letter sent from prison to The Associated Press, Oswald said Koschnick, his former public defender, did “exceedingly productive and good work” on his case in 1994 and 1995.
“If Judge Koschnick is selected for the Wisconsin Supreme Court, his voluminous first-hand knowledge of defense cases and the personalities of accused criminals would bestow to that court a fairer, more effective and more trustworthy perspective … .” Oswald wrote. “I only observed his practice on one case, but I would be inclined to see it his way.”
Oswald is serving a life prison term for killing a Waukesha police captain after robbing a bank with his father. Oswald, then 18, and his father were pulled over after the robbery and opened fire on police with semiautomatic rifles. They also took a woman hostage and injured two other officers before they were arrested.
Koschnick was assigned to represent Oswald along with colleague Samuel Benedict. They argued that Oswald’s abusive father brainwashed him into participating in the crime spree.
Koschnick’s defense of Oswald and his 14 years as a public defender before serving as a judge since 1999 have become an issue in his race against Chief Justice Shirley Abrahamson in the April 7 election.
Although Koschnick’s campaign has been endorsed by police chiefs, sheriffs and district attorneys, critics, in the past, have successfully argued that the work of public defenders undermines that of law enforcement. Another public defender-turned-judge, former Justice Louis Butler, was defeated in his re-election bid last year by critics who said his background indicated he was soft on crime.
Koschnick predicted his critics would exploit Oswald’s case but said he was proud of his work as a defense attorney. Still, he didn’t return the convicted killer’s praise.
“He is free to say whatever he wants, but his endorsement is no honor to me,” the judge said in a statement.
Copyright 2009 The Associated Press.
Ex-Wis. alderman gets 1 year for bribery, contempt
Date: 2/13/2009
By DINESH RAMDE
Associated Press Writer
MILWAUKEE (AP) — A former Milwaukee alderman who pleaded no contest to charges of trying to buy votes and contempt of court has been sentenced to a year in jail.
Milwaukee County Circuit Judge Richard Sankovitz on Friday ordered Michael McGee Jr. to serve the state sentence after he finishes a 6½-year term in federal prison.
The 39-year-old McGee was convicted last year on federal charges of extortion and taking bribes from business owners. Prosecutors had asked for 18 months in prison and up to one year in jail.
McGee maintained his innocence before the sentencing. He says he’s sure a jury would have acquitted him if he went to trial.
He didn’t say why he pleaded no contest in November.
Copyright 2009 The Associated Press.
By DINESH RAMDE
Associated Press Writer
MILWAUKEE (AP) — A former Milwaukee alderman who pleaded no contest to charges of trying to buy votes and contempt of court has been sentenced to a year in jail.
Milwaukee County Circuit Judge Richard Sankovitz on Friday ordered Michael McGee Jr. to serve the state sentence after he finishes a 6½-year term in federal prison.
The 39-year-old McGee was convicted last year on federal charges of extortion and taking bribes from business owners. Prosecutors had asked for 18 months in prison and up to one year in jail.
McGee maintained his innocence before the sentencing. He says he’s sure a jury would have acquitted him if he went to trial.
He didn’t say why he pleaded no contest in November.
Copyright 2009 The Associated Press.
Federal judge strikes down Wis. markup gas law
Date: 2/13/2009
By TODD RICHMOND
Associated Press Writer
MADISON, Wis. (AP) — A federal judge has declared Wisconsin’s 70-year-old minimum markup on gas unconstitutional, saying it illegally restricts trade.
Rudolph T. Randa, chief judge of the Eastern District of Wisconsin, made the decision Wednesday in a lawsuit filed in 2008 by Flying J, a Utah company that runs pit stops in Black River Falls and Oak Creek.
A state law passed in 1939 prohibited retailers from selling products for less than they paid. Part of that law required gas stations to mark up gas either 6 percent over what they paid or 9 percent over the average wholesale price, whichever is higher.
The measure was meant to keep larger companies from selling gas for less than smaller competitors’ prices and driving them out of business. Violators faced stiff fines and lawsuits from competitors.
At least 10 states have laws that prevent gas stations from selling below cost, according to the National Conference of State Legislatures. At least two states, Wisconsin and Minnesota, require a certain percentage increase.
Lotus Business Group, based in Kenosha, sued Flying J in 2007, saying the company did not mark up gas as required. A federal magistrate judge ruled the markup unconstitutional in October 2007, but state regulators continued to enforce it.
Flying J then filed a lawsuit against the state Justice and Agriculture, Trade and Consumer Protection departments in January 2008 to stop enforcement.
Randa on Wednesday found the Wisconsin law violated the Sherman Act, a federal statute that limits cartels and monopolies. The restrictions on monopolies wouldn’t apply to the state if it had a clear policy and a program to monitor gas prices, but it doesn’t, the judge said.
Spokesmen for the state departments said their attorneys were reviewing the decision.
State Justice Department spokesman Bill Cosh said the agency wouldn’t bring any enforcement actions while Randa’s order stands.
Matt Hauser, president of the Wisconsin Petroleum Marketers and Convenience Store Association, said he was disappointed with the ruling because it threatened more than 1,400 gas stations with independent owners in the state.
If those businesses go under, competition will be reduced and prices could climb, he said.
“We’re hoping for an immediate appeal … to make sure consumers are protected from a less competitive marketplace,” Hauser said.
But Flying J company attorney Jonathan Dibble said the ruling should increase competition and drive down gas prices.
“The citizens of Wisconsin have paid hundreds of millions of dollars more than they should have over the years,” he said. Randa had estimated the state’s markup law cost drivers about 30 cents on every gallon during the past two years, when gas prices rose to nearly $4 per gallon.
Gov. Jim Doyle also said the ruling would benefit customers.
Linda Casey, a spokeswoman for Speedway SuperAmerica that has 75 stores in Wisconsin, said other factors affect gas prices and that Randa’s decision wouldn’t necessarily mean lower prices at the pump.
But she said the ruling “encourages competition.”
“That’s a good thing,” she said.
Copyright 2009 The Associated Press.
By TODD RICHMOND
Associated Press Writer
MADISON, Wis. (AP) — A federal judge has declared Wisconsin’s 70-year-old minimum markup on gas unconstitutional, saying it illegally restricts trade.
Rudolph T. Randa, chief judge of the Eastern District of Wisconsin, made the decision Wednesday in a lawsuit filed in 2008 by Flying J, a Utah company that runs pit stops in Black River Falls and Oak Creek.
A state law passed in 1939 prohibited retailers from selling products for less than they paid. Part of that law required gas stations to mark up gas either 6 percent over what they paid or 9 percent over the average wholesale price, whichever is higher.
The measure was meant to keep larger companies from selling gas for less than smaller competitors’ prices and driving them out of business. Violators faced stiff fines and lawsuits from competitors.
At least 10 states have laws that prevent gas stations from selling below cost, according to the National Conference of State Legislatures. At least two states, Wisconsin and Minnesota, require a certain percentage increase.
Lotus Business Group, based in Kenosha, sued Flying J in 2007, saying the company did not mark up gas as required. A federal magistrate judge ruled the markup unconstitutional in October 2007, but state regulators continued to enforce it.
Flying J then filed a lawsuit against the state Justice and Agriculture, Trade and Consumer Protection departments in January 2008 to stop enforcement.
Randa on Wednesday found the Wisconsin law violated the Sherman Act, a federal statute that limits cartels and monopolies. The restrictions on monopolies wouldn’t apply to the state if it had a clear policy and a program to monitor gas prices, but it doesn’t, the judge said.
Spokesmen for the state departments said their attorneys were reviewing the decision.
State Justice Department spokesman Bill Cosh said the agency wouldn’t bring any enforcement actions while Randa’s order stands.
Matt Hauser, president of the Wisconsin Petroleum Marketers and Convenience Store Association, said he was disappointed with the ruling because it threatened more than 1,400 gas stations with independent owners in the state.
If those businesses go under, competition will be reduced and prices could climb, he said.
“We’re hoping for an immediate appeal … to make sure consumers are protected from a less competitive marketplace,” Hauser said.
But Flying J company attorney Jonathan Dibble said the ruling should increase competition and drive down gas prices.
“The citizens of Wisconsin have paid hundreds of millions of dollars more than they should have over the years,” he said. Randa had estimated the state’s markup law cost drivers about 30 cents on every gallon during the past two years, when gas prices rose to nearly $4 per gallon.
Gov. Jim Doyle also said the ruling would benefit customers.
Linda Casey, a spokeswoman for Speedway SuperAmerica that has 75 stores in Wisconsin, said other factors affect gas prices and that Randa’s decision wouldn’t necessarily mean lower prices at the pump.
But she said the ruling “encourages competition.”
“That’s a good thing,” she said.
Copyright 2009 The Associated Press.
Former priest gets 25 years on sex charge with boy
Date: 2/11/2009
By DON BABWIN
Associated Press Writer
CHICAGO (AP) — A former Roman Catholic priest convicted of taking a boy on religious retreats to have sex with him was sentenced Wednesday to 25 years in prison.
Donald McGuire, of Oak Lawn, displayed no emotion as U.S District Judge Rebecca Pallmeyer imposed a 300-month sentence that likely means the 78-year-old former priest will die in prison.
Pallmeyer said McGuire used his stature, his international reputation that included being a spiritual adviser to Mother Teresa and the trust parents had in him that he would care for “the finest gifts God ever gave them: their children.”
She said the boys’ confidence, faith, innocence and sexual desire were destroyed.
“You robbed them of all these things,” she said after a hearing that included statements from victims, including McGuire’s godson.
Assistant U.S. Attorney Julie Ruder told the judge that it was “a horrific and monstrous crime.”
McGuire was convicted in October of charges of traveling outside the United States and across state lines to have sex with a teenager between 2000 and 2003. The Vatican ordered McGuire out of the priesthood last year.
In 2006, McGuire was convicted in Wisconsin of child molestation and sentenced to seven years in prison. He has appealed that conviction.
McGuire also has been indicted in Arizona on child molestation charges and faces lawsuits on new child molestation accusations.
Victims and their parents testified before the sentencing Wednesday that they felt guilty for not coming forward sooner with their allegations.
“I apologize to the other victims,” said one man who told the judge he was abused by McGuire for six years beginning in the late 1970s. “I apologize that I didn’t come forward.”
Many of those who testified also asked McGuire to apologize to them, which Pallmeyer noted the former priest didn’t do.
McGuire has maintained his innocence throughout the trial. At the hearing, he told the judge he would continue to pray for everyone connected to the trial and spoke of being near the end of his life.
“I see that horizon, it’s heaven, where every tear will be wiped away,” he said.
McGuire would have to serve most of his sentence before he is eligible for release.
Copyright 2009 The Associated Press.
By DON BABWIN
Associated Press Writer
CHICAGO (AP) — A former Roman Catholic priest convicted of taking a boy on religious retreats to have sex with him was sentenced Wednesday to 25 years in prison.
Donald McGuire, of Oak Lawn, displayed no emotion as U.S District Judge Rebecca Pallmeyer imposed a 300-month sentence that likely means the 78-year-old former priest will die in prison.
Pallmeyer said McGuire used his stature, his international reputation that included being a spiritual adviser to Mother Teresa and the trust parents had in him that he would care for “the finest gifts God ever gave them: their children.”
She said the boys’ confidence, faith, innocence and sexual desire were destroyed.
“You robbed them of all these things,” she said after a hearing that included statements from victims, including McGuire’s godson.
Assistant U.S. Attorney Julie Ruder told the judge that it was “a horrific and monstrous crime.”
McGuire was convicted in October of charges of traveling outside the United States and across state lines to have sex with a teenager between 2000 and 2003. The Vatican ordered McGuire out of the priesthood last year.
In 2006, McGuire was convicted in Wisconsin of child molestation and sentenced to seven years in prison. He has appealed that conviction.
McGuire also has been indicted in Arizona on child molestation charges and faces lawsuits on new child molestation accusations.
Victims and their parents testified before the sentencing Wednesday that they felt guilty for not coming forward sooner with their allegations.
“I apologize to the other victims,” said one man who told the judge he was abused by McGuire for six years beginning in the late 1970s. “I apologize that I didn’t come forward.”
Many of those who testified also asked McGuire to apologize to them, which Pallmeyer noted the former priest didn’t do.
McGuire has maintained his innocence throughout the trial. At the hearing, he told the judge he would continue to pray for everyone connected to the trial and spoke of being near the end of his life.
“I see that horizon, it’s heaven, where every tear will be wiped away,” he said.
McGuire would have to serve most of his sentence before he is eligible for release.
Copyright 2009 The Associated Press.
DNA match breaks open Wisconsin slaying from 1976
Date: 2/10/2009
By TODD RICHMOND
Associated Press Writer
FOND DU LAC, Wis. (AP) — A DNA match has helped detectives arrest a man in the stabbing death of a 19-year-old woman more than three decades ago, apparently clearing a case that has haunted this central Wisconsin city for a generation.
Police arrested Thomas Niesen, 53, of Ashwaubenon, last week in the 1976 death of Kathleen Leichtman. Prosecutors said Monday they expect to formally charge him Tuesday morning.
Leichtman’s death was the only unsolved homicide in Fond du Lac, and the case dogged detectives and the victim’s relatives for years.
“This was their nightmare,” Fond du Lac Police Chief Tony Barthuly said at a press conference Monday.
Barthuly’s own uncle, Alexander Semenas, was district attorney when Leichtman was killed. “Last week was one of the happiest moments of my career,” he said. “I’d be remiss if I didn’t tell Kathleen’s family I hope this resolution allows you to sleep comfortable at night.”
Fond du Lac, a city of about 42,000 people, lies at the south end of Lake Winnebago about 70 miles from Madison, Milwaukee and Green Bay, the state’s three largest cities.
Leichtman, who was from Milwaukee, came to Fond du Lac on July 14, 1976, to work as a go-go dancer at a nightclub called The Other Place. A motorist discovered her body in the road across from a golf course about 2 a.m. the next day. Someone had slit her throat and stabbed her multiple times.
Police put together sketches of two men who left the nightclub with Leichtman, but no arrests were ever made.
Detectives sent DNA evidence from Leichtman’s death to the state crime lab in 2001 but received no matches. The sample went into the national DNA database. There were no results for seven years.
“This is the one everybody looked at as the one that was going to get away,” said Capt. Michael Frank, the Fond du Lac Police Department’s detective supervisor.
Then, in October 2008, the lab matched the Leichtman sample to Niesen, who had to submit DNA after he was convicted of felony child abuse in Brown County earlier that year. Niesen gave his sample in August, Frank said.
The department assigned two detectives to work exclusively on the case. Frank estimated the agency has spent about 1,000 hours on the case since the DNA hit came back.
Detectives interviewed Niesen at his home Wednesday and took him into custody. He remains in the Fond du Lac County Jail, police said.
District Attorney Dan Kaminsky declined comment on the investigation before filing charges. He said only that investigators have a working theory about what happened to Leichtman and believe they have the right man.
Leichtman’s family issued a two-sentence statement through police, asking the media to leave them alone and thanking detectives for their work.
They said they “would like to express their special appreciation and gratitude to everyone working on this case and to their dedication.”
Copyright 2009 The Associated Press.
By TODD RICHMOND
Associated Press Writer
FOND DU LAC, Wis. (AP) — A DNA match has helped detectives arrest a man in the stabbing death of a 19-year-old woman more than three decades ago, apparently clearing a case that has haunted this central Wisconsin city for a generation.
Police arrested Thomas Niesen, 53, of Ashwaubenon, last week in the 1976 death of Kathleen Leichtman. Prosecutors said Monday they expect to formally charge him Tuesday morning.
Leichtman’s death was the only unsolved homicide in Fond du Lac, and the case dogged detectives and the victim’s relatives for years.
“This was their nightmare,” Fond du Lac Police Chief Tony Barthuly said at a press conference Monday.
Barthuly’s own uncle, Alexander Semenas, was district attorney when Leichtman was killed. “Last week was one of the happiest moments of my career,” he said. “I’d be remiss if I didn’t tell Kathleen’s family I hope this resolution allows you to sleep comfortable at night.”
Fond du Lac, a city of about 42,000 people, lies at the south end of Lake Winnebago about 70 miles from Madison, Milwaukee and Green Bay, the state’s three largest cities.
Leichtman, who was from Milwaukee, came to Fond du Lac on July 14, 1976, to work as a go-go dancer at a nightclub called The Other Place. A motorist discovered her body in the road across from a golf course about 2 a.m. the next day. Someone had slit her throat and stabbed her multiple times.
Police put together sketches of two men who left the nightclub with Leichtman, but no arrests were ever made.
Detectives sent DNA evidence from Leichtman’s death to the state crime lab in 2001 but received no matches. The sample went into the national DNA database. There were no results for seven years.
“This is the one everybody looked at as the one that was going to get away,” said Capt. Michael Frank, the Fond du Lac Police Department’s detective supervisor.
Then, in October 2008, the lab matched the Leichtman sample to Niesen, who had to submit DNA after he was convicted of felony child abuse in Brown County earlier that year. Niesen gave his sample in August, Frank said.
The department assigned two detectives to work exclusively on the case. Frank estimated the agency has spent about 1,000 hours on the case since the DNA hit came back.
Detectives interviewed Niesen at his home Wednesday and took him into custody. He remains in the Fond du Lac County Jail, police said.
District Attorney Dan Kaminsky declined comment on the investigation before filing charges. He said only that investigators have a working theory about what happened to Leichtman and believe they have the right man.
Leichtman’s family issued a two-sentence statement through police, asking the media to leave them alone and thanking detectives for their work.
They said they “would like to express their special appreciation and gratitude to everyone working on this case and to their dedication.”
Copyright 2009 The Associated Press.
Wis. religious leader: No contest in corpse case
Date: 2/5/2009
MAUSTON, Wis. (AP) — A religious leader pleaded no contest Thursday to charges that he stashed a rotting corpse for two months in a follower’s bathroom.
Alan Bushey was charged last year with hiding a corpse, causing mental harm to a child and theft. Investigators said the body of a 90-year-old member of his religious group was concealed at another group member’s home in a scheme to collect the dead woman’s Social Security checks.
Juneau County District Attorney Scott Southworth agreed to drop the mental harm and theft counts in exchange for Bushey’s plea, according to online court records.
Bushey, 58, of Necedah, faces up to 10 years in prison and $25,000 in fines. His sentencing is set for May 5.
His attorney, Thomas Steinman, didn’t immediately return a telephone message left at his office Thursday. Southworth’s office declined to comment.
Prosecutors accused Bushey and follower Tammy Lewis of leaving 90-year-old Magdeline Middlesworth’s body on a toilet in Lewis’ home after she died there in March.
A criminal complaint said Bushey led the Order of the Divine Will sect and told Lewis that God would revive Middlesworth. The decaying body was found in May after Middlesworth’s family expressed concern.
Lewis pleaded no contest in November to obstructing a police officer and was fined $350.
Copyright 2009 The Associated Press.
MAUSTON, Wis. (AP) — A religious leader pleaded no contest Thursday to charges that he stashed a rotting corpse for two months in a follower’s bathroom.
Alan Bushey was charged last year with hiding a corpse, causing mental harm to a child and theft. Investigators said the body of a 90-year-old member of his religious group was concealed at another group member’s home in a scheme to collect the dead woman’s Social Security checks.
Juneau County District Attorney Scott Southworth agreed to drop the mental harm and theft counts in exchange for Bushey’s plea, according to online court records.
Bushey, 58, of Necedah, faces up to 10 years in prison and $25,000 in fines. His sentencing is set for May 5.
His attorney, Thomas Steinman, didn’t immediately return a telephone message left at his office Thursday. Southworth’s office declined to comment.
Prosecutors accused Bushey and follower Tammy Lewis of leaving 90-year-old Magdeline Middlesworth’s body on a toilet in Lewis’ home after she died there in March.
A criminal complaint said Bushey led the Order of the Divine Will sect and told Lewis that God would revive Middlesworth. The decaying body was found in May after Middlesworth’s family expressed concern.
Lewis pleaded no contest in November to obstructing a police officer and was fined $350.
Copyright 2009 The Associated Press.
Cheerleading is a contact sport, Wis. court rules
Date: 1/27/2009
By RYAN J. FOLEY
Associated Press Writer
MADISON, Wis. (AP) — High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, the Wisconsin Supreme Court ruled Tuesday in a case being closely watched in the cheerleading world.
The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.
The National Cheer Safety Foundation said the decision is the first of its kind in the nation.
At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.
It does not spell out which sports are contact sports. The District 4 Court of Appeals ruled last year cheerleading doesn’t qualify because there’s no contact between opposing teams.
But all seven members of the Supreme Court agreed on Tuesday to overturn that decision. In the opinion, Justice Annette Ziegler said cheerleading involves “a significant amount of physical contact between the cheerleaders.” As an example, she cited stunts in which cheerleaders are tossed in the air.
The lawsuit was brought by Brittany Noffke, who was a varsity cheerleader at Holmen High School in western Wisconsin. Practicing a stunt in 2004, Noffke fell backward off the shoulders of another cheerleader and suffered a serious head injury.
She sued a 16-year-old male teammate who was supposed to be her spotter but failed to catch her; the school district; and the district’s insurer.
Ziegler rejected Noffke’s argument that “contact sports” should mean only aggressive sports such as football and hockey. She wrote they should include any sport that that includes “physical contact between persons.”
The decision means cheerleaders can be sued only for acting recklessly. The court said Noffke’s teammate only made a mistake or showed a lack of skill. As for the school district, Ziegler said it cannot be sued for the coach’s behavior under a Wisconsin law that shields government agencies from lawsuits for the actions of employees.
Many observers had warned that families of cheerleaders would be forced to take out big insurance policies if the lower court decision stood.
Because of the increasingly difficult stunts, injuries among high school cheerleaders are a problem. Researchers at the University of North Carolina have found that two-thirds of the roughly 100 cases of “catastrophic” sports injuries among high school girls since 1982 have involved cheerleading.
Copyright 2009 The Associated Press.
By RYAN J. FOLEY
Associated Press Writer
MADISON, Wis. (AP) — High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, the Wisconsin Supreme Court ruled Tuesday in a case being closely watched in the cheerleading world.
The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.
The National Cheer Safety Foundation said the decision is the first of its kind in the nation.
At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.
It does not spell out which sports are contact sports. The District 4 Court of Appeals ruled last year cheerleading doesn’t qualify because there’s no contact between opposing teams.
But all seven members of the Supreme Court agreed on Tuesday to overturn that decision. In the opinion, Justice Annette Ziegler said cheerleading involves “a significant amount of physical contact between the cheerleaders.” As an example, she cited stunts in which cheerleaders are tossed in the air.
The lawsuit was brought by Brittany Noffke, who was a varsity cheerleader at Holmen High School in western Wisconsin. Practicing a stunt in 2004, Noffke fell backward off the shoulders of another cheerleader and suffered a serious head injury.
She sued a 16-year-old male teammate who was supposed to be her spotter but failed to catch her; the school district; and the district’s insurer.
Ziegler rejected Noffke’s argument that “contact sports” should mean only aggressive sports such as football and hockey. She wrote they should include any sport that that includes “physical contact between persons.”
The decision means cheerleaders can be sued only for acting recklessly. The court said Noffke’s teammate only made a mistake or showed a lack of skill. As for the school district, Ziegler said it cannot be sued for the coach’s behavior under a Wisconsin law that shields government agencies from lawsuits for the actions of employees.
Many observers had warned that families of cheerleaders would be forced to take out big insurance policies if the lower court decision stood.
Because of the increasingly difficult stunts, injuries among high school cheerleaders are a problem. Researchers at the University of North Carolina have found that two-thirds of the roughly 100 cases of “catastrophic” sports injuries among high school girls since 1982 have involved cheerleading.
Copyright 2009 The Associated Press.