DA/Public Defender foul play

Brendan Rezak

New Member
Jurisdiction
Wisconsin
A friend sent me a copy of this letter from the Brown County Jail in Green Bay, WI. It was also sent to the council in question. He wanted it posted in the hope of receiving some recourse. The following letter sets forth the situation he finds himself in with the public defenders office. (which has dropped his case) and the brown county district attorneys office. Any advice, relevant case law citations, comments & questions can be directly delivered to:

.

Letter:

Dear counselor,

During my first calls with you on Friday 02-12-2021 you explained you were performing a professional courtesy for the district attorneys office. I cannot shake the feeling that this actually put you in the role of performing an impropriety for them. I am not sure what oaths the two offices are bound by, but your position as a public defender places you as an advocate for those citizens accused of a crime in this state.

Iam having trouble reconciling the fact that during our two initial conversations you were acting asan agent of the district attorneys office under the title of a public defender. The district attorneys office could have sent one of their own investigations, a deputy from the sheriffs office, an officer from the police department or they could have directly contacted me, as I have been forced to act prose in the absence of council.

However, they chose to circumvent those conventional methods and chose you to contact me, perhaps thinking I would be more apt to cooperate with an advocate, public defender, than I would with a member of law enforcement or the district attorneys office. And they were correct.

I Know you said several times that you did not represent me, but you were able to elicit statements from me that were not protected under attorney/client privilege over a recorded jail telephone which the DA's office can readily access. Do you see my concern? As you know, you cannot un-ring a bell. This situation does not seem like it was done in the spirit of jurisprudence or constitutional protections. When you were appointed to my cases I believed we could work towards resolution of them and I would be able to overlook what I believed to be a breach by both offices with potential constitutional violations. My concern with pursuing this matter to Madison and the 7th circuit is fear of retaliation from the powers that be in this fiasco.
 
He is wanting to know what is he can do about the situation. Is there any course of action he should be taking?

What situation? That, even after being told over and over and over again that the person he was talking to, while being an attorney, was NOT representing him. In fact, he was told that the person was there at the behest of the prosecution.

Can't fix stupid...

Really, though, your friend ought to shut up and only talk to HIS attorney.
 
What situation? That, even after being told over and over and over again that the person he was talking to, while being an attorney, was NOT representing him. In fact, he was told that the person was there at the behest of the prosecution.

Can't fix stupid...

Really, though, your friend ought to shut up and only talk to HIS attorney.

after the first contacts he was appointed to his case as his public defender. And almost immediately withdrew himself for conflict of interest.
 
He is wanting to know what is he can do about the situation. Is there any course of action he should be taking?
The number 1 thing he should do is tell you to stop posting about his criminal case on the internet, followed closely by hiring an attorney who, hopefully, will tell him to stop chatting with his buddies/family about his criminal case
 
If his concern is that information divulged in conversation with the public defender might somehow be used against him then he will have to wait until that happens to address it. Until then there is no action to take other than to seek private counsel. Pro se is not the smart way to go.
 
If his concern is that information divulged in conversation with the public defender might somehow be used against him then he will have to wait until that happens to address it. Until then there is no action to take other than to seek private counsel. Pro se is not the smart way to go.

public defender, stop reading there
 
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