D.A. Office Controversy Resurrects Questions About Fund

From WBAY-TV May 22

There are renewed concerns about a special crime prevention fund in Winnebago County. The fund was created by Winnebago County District Attorney Joe Paulus for crime prevention programs during the mid 1990's.

Instead of paying fines, some defendants were given the option of paying money into the fund. But Action 2 News has learned that at least in one instance, it appears a defendant was given a lesser charge for his contribution.

The FBI is investigating whether the D.A.'s office may have accepted money in return for reducing or dismissing charges. Paulus maintains that never happened, and he told Action 2 News it comes down to a smear campaign launched by his political opponents.

Tuesday, two judges reiterated their concerns about the D.A.'s special fund in light of the recent FBI investigation. At least one judge says money for the fund was exchanged to reduce a criminal charge.

Joe Paulus told us it was a good idea, that it gave defendants a chance to give back-- directly to their community. He says all the fund did was bolster programs like DARE, Sexual Abuse Services, and the Christine Ann domestic violence shelter.

He said, in a published report in 1996, "Monies from defendants are diverted to positive local programs instead of some black home in Madison," a reference to state-imposed fines.

In fact, from 1994-- when the program started-- to 1996-- around the time it ended-- the D.A.'s office says it collected almost $20,000 for its crime prevention fund.

But as Target 2 discovered in county board audits done at the time, there were a lot of questions by leaders in the community, such as how much was really in the account and exactly who was getting the money. The fund, related to defendant sentences, was entirely under the district attorney's control.

Winnebago County circuit judge Robert Haase told Action 2 News, "My recommendation to the judges throughout the district was, don't do this until we get a law where there's some accountability built in,"

It was a law Judge Haase eventually helped to draft, moving control of crime prevention money from the D.A.'s office to the Clerk of Courts. But concerns and questions about the fund remain.

"Maybe he knew that people could pay money and get out of things," William Carver said.

Especially when there is the 1995 case of Sam Hendrickson. His hit-and-run charge was lowered to inattentive driving, because, according to the court record, Hendrickson donated $1,000 to the D.A.'s Crime Prevention Fund. After some argument, Judge William Carver allowed it, but he didn't and still doesn't like it.

"It speaks for itself. It's wrong," Carver said. "How can that be fair when the next person does not have the opportunity perhaps to pay a thousand and have a case reduced?"

Paulus's response? "These things were all approved of by the courts and with full disclosure," said in the published report.

Target 2 spoke to Hendrickson on the phone Tuesday. He said the donation did not seem improper, but he felt he had no choice at the time.

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