By: WISCONSIN LAW JOURNAL STAFF//June 21, 2011//
NGI
Conditional release; dangerousness
Where the behavior of a person found not guilty by reason of mental disease or defect is similar to his behavior at the time of his original crimes, the circuit court properly found he remained dangerous.
“The trial court reasoned that in the absence of any mental illness at the time of Randall’s original crimes there was no explanation or justification for the brutal events of 1974 and 1975. This very reasoning was suggested and approved by the court in Randall II. See id. The trial court found that Randall’s behavior while at Winnebago and Mendota over the years showed that he was ‘being devious, being secretive, being, essentially, deciding he’s going to do things as he wishes to, regardless of what may be the issue or the restrictions or the limitations.’ Responding to the Winnebago staff person’s comparison of Randall to a member of the Mafia, the trial court found that ‘calmness and the ability to make those decisions, and to carry out those acts clearly expresses what was the very real dangerousness as relates to Mr. Randall.’”
“These findings and inferences are reasonable and based on the record. The trial court’s conclusion that Randall is dangerous is supported by credible evidence and reasonable inferences.”
Affirmed.
Recommended for publication in the official reports.
2009AP2779-CR – 2009AP2781-CR State v. Randall
Dist. II, Waukesha County, Dreyfus, J., Brennan, J.
Attorneys: For Appellant: Kinstler, Brian, Milwaukee; Powell, Craig S., Milwaukee; For Respondent: Wellman, Sally L., Madison; Schimel, Brad, Waukesha