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01-1159 Piaskowski v. Bett

By: dmc-admin//July 16, 2001//

01-1159 Piaskowski v. Bett

By: dmc-admin//July 16, 2001//

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“The State’s meager circumstantial evidence against Piaskowski is also innocuous. The fact that Piaskowski was present in coop 9 prior to the beating and entered coop 7 after the beating, 2 or 3 minutes after Kutska and Moore, proves little because Piaskowski spent much of his workday in those areas. The State also makes much of the fact that Piaskowski complied with Kutska’s direction to report Monfils missing and added on his own accord that there was ‘some shit going down.’

According to the State, the fact that Piaskowski made the report without asking what had happened and added his personal assessment of the situation proves that he was part of a conspiracy to commit the murder. It does no such thing. Monfils was, in fact, missing, and as Delvoe confirmed, Piaskowski had been looking for him prior to returning to coop 7. True, a quick-thinking Piaskowski could have been trying to make Delvoe into an alibi witness by asking if he had seen Monfils (when he really knew Monfils was in the vat). This, however, like so much else in this case, is conjecture camouflaged as evidence.”

“[T]here is scant evidence in the record in this case that supports Piaskowski’s guilt under the State’s new legal theory. In fact, our analysis today of the evidence allegedly establishing Piaskowski’s participation in a murder conspiracy applies equally to his alleged participation in a beating conspiracy. Thus, … our decision today is the functional equivalent of an acquittal, at least with respect to the State’s belated ‘natural and probable consequences’ theory. Under Burks, therefore, the State may not retry Piaskowski for Monfils’ murder without offending the Double Jeopardy Clause.

Affirmed.

Appeal from the United States District court for the Eastern District of Wisconsin, Gordon, J., Evans, J.

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