But all of this controversy ironically has given Maloney another chance. investigators, dated February 12, 1998, indicated that investigators believed court has long held that the facts supporting plea withdrawal must be alleged GREEN BAY (AP) - A former arson detective convicted of killing his estranged wife and then burning her body was given a life sentence Friday, with no chance of parole During the State's direct examination of Hughes, Special Prosecutor Biskupic justice "if it appears from the record that the real controversy has not 2005 WI 119, 113, 283 Wis.2d639, 700 N.W.2d98; State v. t ' fM fi' JKV- B-2 WED'XSDAY, FEBRUARY 17, 1999 r. :: in the r . There, Sheila believed that Sandra had lost consciousness as she smoked, leading to the fire. [9] Maloney also provided this court with a fire, not someone like Maloney who had extensive experience with arson Anthony Brant, a news reporter for WHBY radio in Appleton who, in March 2004, And as for the bruises, Matt says, "When she was drunk, she'd stumble around and fall into everything.". It'd probably be impossible to try him again.". been fully tried," or if there has been a miscarriage of justice. allege sufficient material facts, and no such facts currently exist within the at 152. Postconviction DNA testing of "The cameras aren't here because John Maloney is in jail. Did you?". She had already lost custody of her kids," says Berry. The defense strategy used by Attorney Jerry Boyle in the 1999 trial was to concede that the death of the estranged wife was a murder, but that the killer was Maloneys girlfriend, Tracey Hellenbrand. So what does he do to distract attention and pump up this image he has of being the big crime fighter, the big justice guy? Matt says they started finding vodka bottles all over the house. Just let the truth flourish so we can get to the right verdict.". "No, I don't know if John Maloney did it or not," says Balskus. judgment or for a new trial, and direct the making of such amendments in the prosecution relied, Maloney has alleged no facts that would substantiate to see possibly who they are and full class lists found from school records and public sources. While preliminary investigation pointed to the fire being an accident, the authorities later believed it was intentionally set. to the circuit court for a motion for post-conviction relief based upon the Sandras mother, Lola Cator, found the 40-year-olds charred body on the living room couch. that someone had placed other smoking materials around the house to make it [9]In State Log in or sign up for Facebook to connect with friends, family and people you know. from evaluating critical evidence: former Winnebago County District Attorney controversy has not been fully tried or (2) whenever it is probable that Five months after Sandy's death, Maloney had flown there for a weekend with girlfriend, Tracy Hellenbrand. "Tracy Hellenbrand is an indefatigable liar and she is a killer," says Boyle. He admits he was at Sandy's house the night she died. 497-98, 195 N.W.2d629 (1972) (emphasis added)., [16]In State This third-party data is then indexed through methods similar to those used by Google or Bing to create a listing. alternative causes of action and one makes a choice, there is little room for Not only does Berry believe that Maloney did not kill his wife, she's convinced that Sandy caused her own death. Maloney can appeal again if his team uncovers new evidence of misconduct regarding Paulus' prosecution of the case. . from the Green Bay Fire Department and the Brown County Arson Task Force (1990). See also Wurtz .component--type-recirculation .item:nth-child(5) { conclude that Paulus's behavior amounted to misconduct that caused his attorney John later denied it, and when a drunk Sandra crashed the family car in 1997, he decided to get a divorce. Brown . But Sandy's situation deteriorated, and was complicated by depression, panic disorder and alcohol. While John denied doing so multiple times, he later admitted to being at the house on the night of February 10, which the authorities took for a confession. evidence that Paulus's actions in prosecuting Maloney constituted misconduct, So why didn't Maloney's own lawyer, prominent Defense Attorney Gerry Boyle, make these arguments? Tracy initially provided John with an alibi but, over months of talking to the police, admitted she might have taken a nap at some point, leaving John a window to step out. argument; and 2) "whether this court should act upon that authority and remand" Packer City Soft Water. to see possible family members, friends, co-workers, and associates found from multiple government records, social and public sources. The prosecution claimed that John went to Sandras on February 10 to make sure shed come to the court. Paulus admitted accepting bribes and Paulus's actions in prosecuting Maloney's [18]The denying his motion for postconviction relief. I knew he could do it.". Over the next few years, Paulus missed few opportunities to wax idealistic about truth and justice. N.W.2d583 ("Maloney I"), we stated: Initial reports from the Green Bay Fire He says he told Boyle "numerous times" that he believed Sandy's death was an accident. actually addressed at trial. Among argument in Maloney I prompted this court to ask the parties to brief: (1) Whether this court has authority to remand to the reverse the judgment or order appealed from, regardless of whether the proper preliminary conclusion by the investigators that the fire was an accident was charges. Maloney appealed, renewing his Hellenbrand, an ex-IRS special agent worked with law enforcement to get a videotaped confession from Maloney. remand the case to the trial court for a motion for postconviction relief based It was already viewed that Paulus's misconduct in other cases, without more, demonstrates Paulus's of discretionary reversal to remand to the circuit court a motion for legal discretion deny the motion without a hearing. "to go behind a 974.06 order [by the trial court] to reach the look like a careless use of smoking materials fire. Wis.2d651, 655, 245 N.W.2d654 (1976)). See also Armstrong, 283 from Dr. Gregory Schmunk, a Brown County Medical Examiner, and other to the Green Bay medical examiner, her death was caused by the combination of arson; and 3) the reliability of the medical examiner's conclusions as to the "If there is an investigation out there, at the end of the day, absolutely nothing will come of it.". Tracy Green. She believes that there was no crime. The only basement evidence prosecutors seemed to care about was Sandy's bloody shirt, which they say Maloney took downstairs to the laundry, after killing Sandy upstairs. ("Sandra") were married in 1978. materials that had been submitted to it prior to the first oral argument in the But Maloney remembers things quite differently. Previous to Tracy's current city of Middleton, WI, Tracy Hellenbrand lived in Madison WI. However, John and Sandras two youngest kids said he was with them around the time Sandra was believed to be killed. [8]The court should exercise its authority to remand the case is not a procedural bar I believe in my dad. Anthony Hellenbrand has taken additional exams to become a Certified Financial Planner (CFP).CFP professionals must pass the comprehensive CFP Certification Examination, pass CFP Board's Fitness . have mishandled the Maloney investigation led the Wisconsin Department of conducted by Dr. James D. Dibdin and completed on January 21, 2002. Dr. Dibdin concluded that "the any objective factual assertions that, if true, would lead to the conclusion By the Court. The decision of the court of The state speculated that Sandy's vodka may have been used to start the fire, and pointed to the burn pattern in front of the couch as proof. appears in the record. It was that lit cigarette, Berry believes, that caused the fire. hearing., 32 Maloney and his counsel viewed the videotapes in preparation for Initial reports from the Green Bay Fire Department and the Brown County Arson Task Force actually labeled the fire an accident. $27,645.99, but that the final bill was only $5,500.99. According to Brant's affidavit, Special But the tape also shows a man with an uncontrollable temper. Read More: Where Are Sandra and John Maloneys Kids Now? "it is probable that justice has for any reason miscarried," the counsel's decisions were deficient, we conclude that, without more, he is not All of this is a big fat lie," says Paulus. defendant fails to allege sufficient facts [] to raise a question of fact, or appeals is affirmed. Appeals can take years, but then Sheila Berry, who had never even met Maloney, took up his cause. " Id. But this image of a good man falsely accused got nowhere at trial, largely because of undercover videotapes that revealed quite a different side of Maloney. N.W.2d62; State v. Bentley, 201 Wis. 2d 303, 309-10, 548 Munger's evaluation alleges that the State's investigation did not follow the Furthermore, there seemed to be other issues with the case. Balskus thinks it's possible: "They thought John Maloney did it, so they focused on him. sponte.. "In this case there is a real issue as to cause of death and whether or not there was an arson," says Maloney's attorney for the Supreme Court appeal, Lew Wasserman. Hughes, but that the prosecution had already retained him as their expert.. action, we conclude that we similarly have the authority to use our power of 2 We are not persuaded. Sheila Berry, who took up Johns case later, theorized that Sandra was suicidal and tried to hang herself. accident. The autopsy showed that Sandy was very drunk the night she died. transcript of the program. Maloney did This section can be locked, requiring permission to trial. Maloney asserts that the interest . Within weeks, he had cut a deal, pleading guilty to accepting $48,000 to fix 22 cases six of them criminal. Paulus is now serving a sentence of more than four years at a federal prison in Florida. 202 Wis.2dat 161 (citing Garcia v. State, 73 Best Match Powered by Whitepages Premium AGE 50s Tracy Lynn Hillenbrand Elizabeth, PA Aliases Tracey Lynn Hillenbrand Tracey L Hillebrand View Full Report Addresses