00-2318 In Re the Commitment of Jack R. Martinsen: State v. Martinsen

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Jack Martinsen appeals an order denying his petition for supervised release from his Wis. Stat. ch. 980 commitment. He argues that the trial court deprived him of a full and fair hearing when it refused to compel the special prosecutor to answer interrogatories concerning polygraph and plethysmograph tests conducted at the Wisconsin Resource Center. The trial court concluded that the prosecutor had no authority over the resource center. Instead, the court signed an order granting Martinsen’s counsel access to and copies of any writing maintained by the State, including the resource center materials that pertained to Martinsen, not limited to polygraph and plethysmograph data and interpretation.

Because we conclude that Martinsen has not established any prejudice from the court’s refusal to compel answers to the interrogatories we decline to decide whether interrogatories are an appropriate form of discovery, and we affirm the order denying supervised release.

This opinion will not be published.

Dist III, Lincoln County, Nolan, J., Per Curiam

Attorneys:

For Appellant: Donald T. Lang, Madison

For Respondent: Eileen W. Pray, Madison; Tammy J. Hock, Green Bay