00-3334 State v. Wenk

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“The differences of opinion between the doctors and the trial court lay with their prediction of Wenk’s likely behavior when released. The trial court remarked that, although Wenk had not abused drugs for ten years, his sexual assaults were directly related to his mental illness brought on by his use of inhalants. Despite the doctors’ beliefs that Wenk would not resort to drug use, the trial court observed that Wenk did abuse drugs the last time he was released. While the trial court acknowledged that predicting a person’s future behavior is a difficult task, it pointed out that the past predictions of the psychiatric experts were wrong. Further, the trial court stated that its prediction for Wenk’s future behavior was based on his past conduct; conduct that strongly suggested it was quite likely Wenk would again abuse drugs, given the pattern that emerged whenever Wenk was not confined.”

Order denying defendant’s petition for release is affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Konkol, J., Curley, J.

Attorneys:

For Appellant: Michael K. Gould, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Eileen W. Pray, Madison