A number of people are understandably outraged over the decision by Milwaukee County Circuit Judge Mary Triggiano to issue a "reverse waiver" which, if upheld on appeal, would allow the caseof alleged murderer Corey Kleser to be handled in Children's Court.  My question for people troubled by Judge Triggiano's latest ruling though is "Why are you surprised"?  I mean, what type of judges did anyone think that Jim Doyle would be appointing?

     For those not familiar with the case, in late October of 2006, Kleser (then 15!) went to the apartment of 57 year old Ronald Adams to watch pornography and pose nude.  According to Kleser, the two got into a physical altercation when he refused to have sex with Adam.  Kleser then grabbed a hammer and struck Adams eight times.  Subsequently, Kleser grabbed a pair of scissors and, for good measure, stabbed Adams multiple times.

     Since Adams is dead, we have no way of knowing for certain how accurate Kleser's version of events is.

     Regardless, since Kleser has been locked up awaiting trial, he has been charged with two additional felonies for attacks on an Ethan Allen School guard and a fellow inmate.  He has also been caught smearing excrement on a surveillance camera.  Additionally, in a letter written to his father (who is also in jail), Kleser gloated about a number of criminal acts and boasted that he would "work some miracles" in a psychological evaluation that would factor into whether his case would stay in Children's Court.

     If convicted of murder in adult court, Kleser would be facing the possibility of life in prison without parole.  If convicted in Children's Court, he would be subject to release in no more than eight years.

     Kleser's lawyers say they don't want him to be warehoused for life.  This is undestandable.  They're just doing their jobs.  He is, after all, their client.

     Viewing the matter objectively, there is perhaps a chance that this young man will come out of juvenile detention ready to lead an active adult life as a productive member of society.  There's also a chance that he will come out even more dangerous then when he went in and will kill again sooner rather than later.  Does anybody want to guess what Las Vegas oddsmakers would set as the over/under on which of these choices is more likely?

     In any event, in a decision that the Assistant District Attorney describes as "almost unheard of", Judge Mary Triggiano has ordered that Kleser be treated as a juvenile.  While the ruling may be "almost unheard of", it doesn't strike me as surprising.

     Jim Doyle appointed Mary Triggiano to the Milwaukee County Circuit Court bench in the summer of 2004.  As is often the case, Triggiano then ran unopposed for a full six year term is 2005.  At the time of her appointment, Triggiano was the Managing Attorney for Legal Aid of Wisconsin.  Before that, she worked at a silk stocking law firm in Milwaukee.

     It's easy to see why Doyle appointed Triggiano.  She's liberal, active in liberal causes and well connected in the legal establishment.  I have no doubt that this appointment was toasted by the Kumbaya crowd in both Madison and Milwaukee.  It's precisely the type of appointment that Doyle would make.

     When appointing judges, other governors might look for other attributes - like extensive experience in the criminal justice system.  Doyle obviously looks for other things - as is his right.

     The point though is that who we elect as Governor matters.  Doyle won and gets to appoint whoever he wants.  If the general public disagrees with characteristics  that Doyle looks for in his judicial appointments, the solution is simply to vote Doyle out.  Otherwise, we really can't complain when Doyle's appointees issue rulings that are completely predictable!

     In other words, don't be upset with Judge Triggiano's ruling in the Kleser case.  What sort of judges did you think that Governor Doyle would be appointing?