Sentence Modification-Assistance in Prosecution of Fellow Inmate

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Harlan M. Schwartz

Case No.: 2022AP002094-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Sentence Modification-Assistance in Prosecution of Fellow Inmate

In 2000, the State charged Schwartz with two counts of arson, one count of possessing a firebomb, and one count of recklessly endangering safety, all counts as a party to the crime. The charges against Schwartz and his co-defendant, William Teas, arose out of two incidents involving the then-Douglas County district attorney—an attempt to burn the district attorney’s garage and a subsequent firebombing of the district attorney’s home. Schwartz appeals an order denying his motion for sentence modification. Schwartz argues that he is entitled to sentence modification based on an alleged new factor—namely, his assistance in the prosecution of a fellow inmate. The appeals court concludes, as a matter of law, that Schwartz has failed to establish the existence of a new factor by clear and convincing evidence. Schwartz’s assistance, which included providing a statement that did not directly identify the assailant, was not deemed significant or useful enough compared to other cases where defendants provided crucial information leading to major legal outcomes. His assistance was limited to witnessing an event without offering critical or conclusive information that influenced the case outcome significantly. While there was some potential risk of retribution, Schwartz did not testify, nor did his involvement reach a level of active cooperation that exposed him to considerable danger.

Affirmed.

Decided 04/23/24

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