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Beginning on February 21, 2011 DCI was asked to investigate multiple threats to various members of the Wisconsin Legislature due to the volume, our ability to fully analyze the many communications and our experience. I believe it’s also fair to say authorities believed we would be prompt in our efforts to investigate and take appropriate action given the nature of the threats and the climate at the time.
DCI immediately reviewed and analyzed what was sent. Every referral was investigated. In the judgment of investigators, some presented a need for more intense investigation; some did not. One case in particular, which was started upon the receipt of threats on March 9, 2011, the subject of whom is a Dane County resident, was thoroughly investigated.
Investigators concluded it did not present an imminent threat but presented sufficient probable cause that criminal behavior had occurred and on Friday, March 18, 2011 this matter was referred to the Dane County District Attorney Ismael Ozanne who has sole jurisdiction and charging authority for a charging decision.
On Monday, March 23, 2011 the Department of Justice learned through press reports that the Dane County District Attorney had returned the referral to the Department citing clerical and administrative issues related to the reports transfer. Importantly the investigative reports themselves were not returned. It is important to note that this Department routinely refers investigative reports to District Attorneys, including the Dane County District Attorney, for their review and charging decisions.
This is where this matter currently sits.
We are concerned about the lack of action regarding this referral.
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