August 12 pages 1 and 9

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'&-! + By Ryan Whisner Union regional editor

JEFEERSON — A compilation of errors including ineffective assistance of counsel have led a Jefferson County Circuit Court judge to overturn the sexual assault conviction of a 77-year-old former Watertown man. Edward J. Edwards was sentenced to 25 years in prison in 2001 for the first-degree sexual assault of a 12-year-old girl in 1998 and another six years for jumping bail while awaiting trial on the charge. On appeal, he asserted claims of error based on joinder of the

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&7#2&3 #33'243 +/'(('%4+6' %05/3'- '22023 two charges, excluding statements that may have strengthened Edwards’ attack on the victim’s credibility; submission of evidence by the trial court that Edwards was patron of “adult entertainment,” and the prosecutor referring improperly to the facts outside the record and appealing to the jury’s religious beliefs. The state Court of Appeals found error in all but the joinder issue and found them all to be harmless in relation to the conviction.

However, in his latest round of appeals, initially filed in 2011, Edwards was arguing ineffective assistance of trial counsel and appellate counsel for failing to investigate a possible alibi defense; a last-minute decision not to call the victim’s therapist as a witness, and failing to call an expert to rebut the state’s evidence expert. Attorney Jennifer Weber, of Johnson Creek, was appointed counsel in December 2011. Hearings on the appeal were

held before Judge Jennifer Weston in May and October 2012 with testimony from trial attorney Kathleen Stilling and appellate attorney Donald Lange. Weston’s ruling, which overturned the conviction on the sexual assault charge, was issued in June. “The compilation of errors, both court errors as found by the Court of Appeals on direct appeal and the deficient performance claims found by this court, undermined the court’s confidence

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in the verdict on the sexual assault charge,” the judge states in her ruling. From June until August, Edwards — no relation to the deceased Edward Wayne Edwards, who was convicted of the 1980 murders of Timothy Hack and Kelly Drew — remained in custody as the bailjumping sentencing was to run consecutive to the sexual assault. However, Edwards’ attorney sought a status conference on the cases to reconsider credit for time served.

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The judge amended the sentencing on Tuesday, Aug. 6, on the bailjumping to run concurrent to the sexual assault, leading to Edwards being released on time served. As to the sexual assault charge, Edwards was released on a $250,000 signature bond and is not to have contact with the victim or another witness related to the case. If the Jefferson County District Attorney’s office does not appeal the overturned conviction, then the deadline to make a determination whether it will proceed to a new trial is Dec. 31, 2013. (Continued on page 9)

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By Lydia Statz Union staff writer

By Pam Chickering Wilson JANESVILLE — The latest search for Georgia Jean Weckler has concluded after no clues to the 66-year-old disappearance case were found on the Janesville property that has been the center of an excavation by local law enforcement. The hunt began last Monday after a tipster drew law enforcement to a vacant residential lot at the corner of North Rotamer and North Wright roads on Janesville’s northeast side. The Rock County resident, a man in his 80s, claimed to have seen suspicious activity in that area around the time Weckler went missing on May 1, 1947. The eight-year-old disappeared from her Town of Oakland driveway after being dropped off by a family friend after school, and never was seen or heard from again. Over the years, many leads have cropped up, although none have led to any new evidence or information that authorities deemed credible. Following the tipster, searchand-rescue dogs trained to detect human remains indicated the presence of something at the site, leading to the excavation. Different dogs “hit” on the same area of the site Monday, but stopped picking up the scent on Tuesday, according to Rock County Sheriff’s Office Capt. Todd Christiansen. No dogs were brought in on Wednesday. Rock County authorities had cleared the scene by 4 p.m. on Friday, filling in the holes and

Union staff writer

SULLIVAN — Manning the front doors of Sullivan Elementary School Friday afternoon, Camp Invention co-director John Orcutt received many a high-five and even some hugs from young inventors and their family members. The comments universally were positive as students age 5 to 12 streamed out of the building carrying dismantled clocks and circuit boards and recycled materials which had been repurposed into duck-launchers and model spaceship parts. In fact, the camp was so well received that plans already are in the works to schedule another Camp Invention at Sullivan next year, with a fresh curriculum. “Alex came home so pumped,” mom Jennifer Hanneman said of her 8-year-old son. “He was learning things and he had a blast. It was a really nice week. I hope they do it again next year.” Camp Invention was open to students entering first-grade through sixth-grade. Certified instructors taught all of the classes — four different modules exploring different areas of engineering and problemsolving — while middle- and high-school age interns helped to lead the students in three different age groupings. The hands-on camp ran all last week, with full schedules approximating a school day. (Continued on page 8)

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turned the vacant lot back over to its owner. The case now will be handed back off to Jefferson County authorities, who were the original investigators of the incident that took place within the county borders. Christiansen said no new information will be released about the tipster at this time, though he is not considered a person of interest in the case. “We plan on talking with him again either today or tomorrow,” said Christiansen. “We just want to get some more information.” If no new information is gleaned from that interview which authorities deem worth following up on, Capt. Jerry Haferman, of the Jefferson County Sheriff’s Office, said the case will return to “inactive” status. “It’s still open, it’s just that it’s (Continued on page 9)

Even days with sick children have charms MADISON (AP) — School districts are firing more teachers in the three years since new collective bargaining laws did away with certain job protections, according to the state’s teachers’ union and school board association. No group tracks how many teachers get let go, but the Wisconsin Education Association Council and the Wisconsin Association of School Boards both report a noticeable increase in terminations and non-renewals of contracts, the Oshkosh Northwestern Media reported. Union contracts used to require that school boards had proof of wrongdoing before firing a teacher, with an arbitrator reviewing the case to ensure the board had just cause for termination. But those job protections were dissolved under Act 10, the law that restricted collective bargaining for most public employees. Supporters of the law said it kept unions from preventing the firing of bad teachers. Opponents said it opened the door to discrimination and arbitrary firings. Many districts have established new grievance procedures that allow teachers due process. That means they can request a hearing and argue their case before the school board, but there would be no arbitrator. “Under Act 10 so many districts have thrown the idea of just cause out the window,” WEAC spokeswoman Christina Brey said. “... Without a procedure in place where the employer would follow a certain standard or protocol, (firing) now really equates (Continued on page 9)

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(Editor’s note: This is part of a periodic series of columns by Daily Union reporter Pam Chickering Wilson, who is sharing her own experiences in getting the most out of life without going broke. Living “richer” in this instance means living a fuller, more meaningful life without living a “spendier” one.) By Pam Chickering Wilson Union staff writer

I don’t mind getting up every two hours with a sick boy. OK, my tired body does mind, but my heart is only too glad to be with him. I signed on for this when I became a mother. “In sickness and in health …” Those words, which my husband and I repeated in our wedding vows, took on an even deeper meaning when we became parents and we accepted the responsibility for little people whose lives were in our hands. No matter the burden, no matter the sacrifice, our children make our lives immeasurably

LIVING R ICH ON LESS By Pam Chickering Wilson Daily Union Staff Writer richer. Even sick days have their charms. Last week, my 5-year-old son,

Michael, who usually rockets around, singing annoying songs loudly and building unidentifiable vehicles with Legos, lay

peacefully on my lap for hours. I marveled at his smooth skin as his small, very hot hand nestled in mine. Stilled by illness, we stayed together on the couch, watching out the windows as the rain fell heavily down, renewing the earth. Colleen, my 8-year-old, while not customarily so patient, displayed unusual tolerance for her brother during his illness, staying nearby and forgoing rowdy (Continued on page 9)

++')& 0 & ) $ '$ ) ()'('* * & * !& )!%!& $ ",*+! *0*+ % WASHINGTON (AP) — With the U.S. facing massive overcrowding in its prisons, Attorney General Eric Holder is calling for major changes to the nation’s criminal justice system that would scale back the use of harsh sentences for certain drug-related crimes. In remarks prepared for deliv-

ery to the American Bar Association in San Francisco, Holder also favors diverting people convicted of low-level offenses to drug treatment and community service programs and expanding a prison program to allow for release of some elderly, non-violent offenders. “We need to ensure that incar-

ceration is used to punish, deter and rehabilitate — not merely to convict, warehouse and forget,” Holder says in the speech he’s scheduled to deliver Monday. In one important change, the attorney general is altering Justice Department policy so that low-level, non-violent drug of(Continued on page 8)

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(Continued from page 1) According to court files, Edwards originally was charged in September 2000 with the sexual assault. He had been in custody and was released on a $50,000 cash bond relating to the sexual assault charges at the time he allegedly fled. In addition, there was a $20,000 cash bond on multiple related charges of sexual assault and showing harmful material to a minor in Dodge County. The charges in Dodge County ultimately never were pursued following the conviction in Jefferson County. The bailjumping charge related to Edwards’ flight while the charge was pending. At the time of his unlawful flight, he was being monitored electronically by the Wisconsin Department of Corrections. Edwards was convicted in May 2000 on a fourth-degree sexual assault charge for grabbing the breasts of the then 12-year-old girl and walking in on her while she was changing clothes. He was sentenced to two years’ probation and four months in the county jail, and 90 days on electronic monitoring. According to court files, Edwards had served his four months in the Jefferson County Jail and still was within the 90

days of electrical monitoring when the “tamper� signal from the bracelet was sent and DOC officials were unable to locate him. He allegedly cut or snipped the monitor off and fled from authorities. A federal fugitive task force apprehended Edwards in April 2001 in Maricopa County, Arizona, near Phoenix. He waived extradition and was returned to Wisconsin for trial. Upon returning, a then record $2.5 million cash bond was set for Edwards, who remained in custody through the duration of the trial. At trial, the victim testified that she, Edwards and another man went to an auto auction north of Jefferson to purchase a truck for Edwards’ business at Church Street Motors in Watertown. She told the jury that Edwards assaulted her, pulling her pants down and his, and getting on top of her upon returning from the auction. Edwards was sentenced to 25 years prison for the sexual assault and six years prison for the bailjumping. For the appeal hearing before judge Weston, Edwards testified that he provided both Stilling and Lange with the names of people that they should speak with

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Sick days have charms (Continued from page 1) play for hours of reading and quiet interaction. As Michael rested in restorative sleep on my lap, Colleen and I plowed through 300 pages of a fantasy for young readers. When Michael woke, we explored National Geographics together and read a pop-up book about the wonders of physics. Hoarse from reading to the children, I invented a board game in which tiny toys served as the game pieces and a flipped coin stood for a toss of the dice. Colleen moved all of the game pieces — mine, hers, his — so neither Michael nor I have to get up from the couch. For some time, we watched the secret lives of our cats unfold. So quiet were we on the couch that the cats forgot we were there and scampered about madly, careening around corners, pouncing on each other, clambering up the chair and diving down, only to zoom up the stairs in wild pursuit. As cats do, at times they would pause to stare fixedly at some point in midair, perhaps an insect

or dust-mite too small for us humans to spot. Then, at some unreadable, inaudible signal, they would suddenly bolt from stillness to romp around the corner in tandem. After two days of vomiting, fever and listlessness, as though a switch has been flipped, Michael, too, is up and full of energy. Like the kitties, he bolts into the other room, asking for food and saying, “I feel so much better.� Half a bowl of cereal later, he’s off and running, chattering excitedly about book characters and spaceship designs. I have my old vivacious boy back. And as worrisome as his illness was at the time, I realize that I also cherished those quiet moments we shared while he was ill. For both of us, and to some extent for Colleen as well, Michael’s illness slowed our hectic everyday pace to stillness. All of the rushing around stopped, because it had to, and the world shrunk down to what was truly important.

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regarding his and the victim’s movements on Aug. 4, 1998, the date of the alleged assault. Weston found his testimony to be credible that he had informed both attorneys of these witnesses. She states in her ruling that Attorney Stilling “should have focused on who was with Edwards on Aug. 4, 1998, who would be able to testify on his behalf, establish his whereabouts and establish that someone was present with him or within the home at the time of the alleged assault.� According to testimony, Stilling attempted to contact one of the witnesses two weeks prior to trial and discounted him as a witness because he did not observe the victim and Edwards at home. Also, he reportedly had participated in Edwards’ flight to Arizona, which posed some risk. Court files show that she made an effort to contact one other witness in April 2001 but made no effort to contact other people Edwards had suggested. Weston notes in her order that Stilling referenced the significance of such possible testimony in her closing remarks. Stilling stated in her closing that, “It’s very clear that there were probably people at home that night and they were probably there with bells on when he came home from the auction, home from work, with the victim,� she said. A photo depicting a birthday cake and a group seemingly of family members gathered around

was submitted at the trial as something that could have been evidence of such a party. From its decision in 2004, the Court of Appeals articulated four theories of defense. First, that the victim’s testimony was suspect because when she details prior allegations against Edwards, she did not claim sexual intercourse. Secondly, that the testimony was questionable due to Edwards’ wife being close with the victim and possibly using her to inflict punishment on Edwards. Third, the victim’s description of the assault appeared to be physically implausible, and fourth that it appeared unlikely Edwards was home alone with the victim at the time of the allegations. “Given these theories of defense, establishing the date, and demonstrating the unlikeliness that Edwards could have sexually assaulted her was critical,� Weston wrote in her decision. She found that while witnesses could not likely have provided an alibi, Stilling and Lange’s failure to make timely inquiry of these witnesses constitutes deficient performance. Further, the judge states that a decision to not call a potential critical witness such as the victim’s therapist must be made with more thought and not literally mid-trial because defense counsel has not taken the time to talk with the witness prior to trial or investigate her qualifications.

In relation to the expert testimony, Weston notes that Edwards was made aware of the state’s intention to utilize expert testimony as early as May 14, 2001. Stilling made a motion to exclude expert testimony on Oct. 23; however, the judge ruled against her concluding that the expert’s testimony would be allowed in spite of discovery violations by the state because the defense had sufficient time to prepare for such generic, non-scientific testimony. Similarly, in the Court of Appeals decision, it is noted that Edwards did not provide rebuttal expert testimony but rather attempted to demonstrate that the victim did not possess the characteristics that would make her feel less likely to disclose evidence of the assault. Prior to the sexual assault case, Edwards was charged with an incident of fourth-degree sexual assault with the same victim involving what the court would characterize as “fondling and intruding behavior.� At the time of that report, the victim did not reveal the sexual intercourse. In her post-trial testimony, Stilling noted that she did not know of a witness that would be able to counter the delay-in-reporting evidence. Her theory of defense “was not that the memory was planted� but that the victim’s mother was angry at Edwards and helped her out by lying. Weston pointed out that while the “fondling and intruding be-

LOS ANGELES (AP) — Eydie Gorme, a popular nightclub and television singer as a solo act and as a team with her husband, Steve Lawrence, has died. She was 84. Gorme, who also had a huge solo hit in 1963 with “Blame it on the Bossa Nova,� died Saturday at Sunrise Hospital in Las Vegas following a brief, undisclosed illness, said her publicist, Howard Bragman. Gorme was a successful band singer and nightclub entertainer when she was invited to join the cast of Steve Allen’s local New York television show in 1953. She sang solos and also did duets and comedy skits with Lawrence, a rising young singer who had joined the show a year earlier. When the program became NBC’s “Tonight Show� in 1954, the young couple went with it. They married in Las Vegas in 1957 and later performed for audiences there. Lawrence, the couple’s son David and other loved ones were by her side when she died, Bragman said. “Eydie has been my partner on stage and in life for more than 55 years,� Lawrence said in a statement. “I fell in love with her the moment I saw her and even more the first time I heard her sing. While my personal loss is unimaginable, the world has lost one of the greatest pop vocalists of all time.� Although usually recognized for her musical partnership with Lawrence, Gorme broke through on her own with the Grammynominated “Blame it on the Bossa Nova.� The bouncy tune about a dance craze of the time

was written by the Tin Pan Alley songwriting team of Barry Mann and Cynthia Weil. Her husband had had an equally huge solo hit in 1962 with “Go Away Little Girl,� written by the songwriting team of Gerry Goffin and Carole King. Gorme would score another solo hit in 1964, but this time for a Spanish-language recording. Gorme, who was born in New York City to Sephardic Jewish parents, grew up speaking both English and Spanish. When she and her husband were at the height of their career as a team in 1964, Columbia Records President Goddard Lieberson suggested she put that Spanish to use in the recording studio. The result was “Amor,� recorded with the Mexican combo Trio Los Panchos. The song became a hit throughout Latin America, which resulted in more recordings for the Latino market, and Lawrence and Gorme performed as a duo throughout Latin America. “Our Spanish stuff outsells our English recordings,� Lawrence said in 2004. “She’s like a diva to the Spanish world.� Gorme and Lawrence, meanwhile, had an impressive, longlasting career in English-language music as well, encompassing recordings and appearances on TV, in nightclubs and in concert halls. Throughout it, they stuck for the most part with the music of classic composers like Berlin, Kern, Gershwin, Cole Porter, Rodgers and Hammerstein, and other giants of Broadway and Hollywood musicals. They es-

chewed rock ‘n’ roll and made no apologies for it. As they like to put it: “no punk, no funk, no rock, no schlock.� “People come with a general idea of what they’re going to get,� Lawrence said of their show in a 1989 interview. “They buy a certain cereal, and they know what to expect from that package.� Soon after their marriage, the pair had landed their own TV program, “The Steve Lawrence and Eydie Gorme Show,� which was a summer replacement for Allen. Not long after that, however, Lawrence entered the Army, and Gorme went on the nightclub circuit as a soloist until his return to civilian life two years later. After his discharge, Lawrence and Gorme quickly reteamed, and their careers took off. They appeared at leading nightclubs in Los Angeles, Chicago, New York and Las Vegas, combining music with the comedy bits they had learned during their apprenticeship on Allen’s show. In Las Vegas, the showroom sweethearts played the Sands, the Desert Inn and headlined for 10 years at Caesars Palace. “Oh God, it was the best,� Gorme told The Associated Press in 2003 about that period. “After the shows, we would all get together and hang out. If it got later, we would all get together for breakfast.� With nightclubs dwindling in popularity in the 1980s, they moved their act to large theaters and auditoriums, drawing not only older audiences but also the Baby Boomers who had grown up on rock ‘n’ roll.

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(Continued from page 1) inactive,� he said. “And then we would open it, and it goes back to being active once we find any additional information. It just remains pretty much what it was before.� Though the tipster came forward suspecting authorities would find Weckler’s body on the property, there never was any guarantee of that, the sheriff’s captain said. “He (tipster) remembers when he saw the suspicious activity going on on this property — he just remembers that it was about the same time that the Weckler girl was missing,� Haferman said. “So at no point did we know for sure that it was her.� Regardless, the investigation raised hopes around the county, and Friday’s announcement led to a disappointing ending for all involved. “In the past when we received information and a dog was used and nothing was located, nothing really moved forward,� said Haferman. “What was different about this (case) was we got the information, Rock County used the cadaver dogs, (and) multiple dogs hit. “So whether it was our person or not, we had high hopes we were going to find something,� he added. “After all the resources and all the effort that was put in, it was kind of disappointing not to find anything.�

havior� is not the act of sexual intercourse for which he was on trial, multiple witnesses testified that they believed the victim as to these acts, leaving the defense theory that she is lying being problematic. Further, the judge also noted that attorney Stilling was aware of the value of the testimony of the state’s expert witness and should have been familiar with defense experts to counter the testimony. “The critical focus is not on the outcome of the trial but on the ‘reliability of the proceedings,’� Weston wrote in her decision citing past cases. In making her decision, she considered the impact of multiple incidences of deficient performance in determining if the overall impact of the deficiencies satisfied the legal standard for a new trial.

Gorme, who was born Edith Gormezano on Aug. 16, 1928, began to seriously consider a music career while still a student at William Taft High School in New York City’s borough of the Bronx, where she had been voted the “Prettiest, Peppiest Cheerleader.� The daughter of Turkish and Spanish parents, she grew up speaking Spanish at home. After graduation, she worked as a Spanish interpreter for a time but also sang on weekends with the band of Ken Greenglass, who encouraged her and eventually became her manager. Her first big break came when she landed a tour with the Tommy Tucker band, and she followed that up with gigs with Tex Beneke, Ray Eberle and on radio and television. Among her radio appearances was one on a Spanish language show, “Cita Con Eydie (A Date with Eydie),� which was beamed to Latin America by Voice of America. Early in her career, Gorme considered changing her name, but her mother protested. “It’s bad enough that you’re in show business. How will the neighbors know if you’re ever a success?� she told her, so Gorme decided to keep the family name but changed her given name from Edith to Edie. Later, having grown tired of people mistaking it for Eddie, she changed the spelling to Eydie. She is survived by Lawrence, her son David and a granddaughter. Her other son with Lawrence, Michael, died of heart failure in 1986 at age 23.

(Continued from page 1) to an unfair process for educators who might be targeted.� At least one school official said it was hard to say whether there the number of firings or resignation agreements was up. Mike Nault, the human resources director for the Oshkosh school district, said the bottom line was that any separations be handled fairly. He said the district fired two teachers in the past year — one for being drunk in the classroom and another for reasons not related to performance. Another six teachers agreed to quit as part of disciplinary cases. “From an HR perspective, I think it’s very important that employees understand that whether it’s discipline or non-renewal or termination that we will treat them fairly and give them every opportunity to improve and perform competently,� he said. “When you give them that support and due process, I think employees understand they’re treated in a respectful manner.� Resignation agreements generally include some form of compensation or benefits in exchange for the employee’s voluntary resignation.

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