![]() Opinion/Bill Lueders
Recounting all of the reasons to doubt Brummer's guilt would take, well, a book, but here are a few: "It's clear this case was built on thin evidence, very circumstantial evidence," says John Pray, co-director of the Wisconsin Innocence Project, which has in recent years helped overturn four wrongful convictions. He notes how when police in an interrogation accused Brummer of the crime, she allegedly nodded her head slightly. This thin gesture was "interpreted as an admission that she was involved in the murder" and used against Brummer at trial. Pray calls this "symbolic of the whole case." Lots of conjecture, no solid evidence. The Innocence Project has not actively investigated Brummer's case for several years, but Pray would support a polygraph test, if the necessary funds -- about $500 -- are raised. (Donations can be made to the Penny Brummer Legal Defense Fund, Community Bank, P.O. Box 369, Spring Green, WI 53588.) Pray is also interested in additional testing of the bullet fragments, if the DA's office will allow it, and in pursuing new leads. In an e-mail, Dane County District Attorney Brian
Blanchard, who was
first elected after Brummer exhausted her appeals, acknowledges
"horrible cases in recent years revealing convictions of innocent
persons." He says prosecutors are ethically bound to "take a hard look
at new evidence" that raises "genuine doubts" about a conviction, and
expresses his utmost confidence that the prosecutors in this case --
Schwaemle and Assistant DA Ann Sayles -- would "make it the highest
priority to investigate and evaluate" any such evidence. But Blanchard, in an interview, seems notably resistant to the notion that such evidence exists here. He won't commit to allowing additional ballistic testing, saying any such request must come from the Innocence Project. Even if Brummer took and passed a polygraph test, which is considered a useful gauge of truthfulness though not admissible in court, "that alone isn't really going to make a difference." Blanchard even contends that Foseid's unreliability may be no big whoop, since "Judy [Schwaemle]'s conclusion is that this testimony was not critical in the case." Well, his prosecutors certainly considered it critical at the time. As the Berrys' book recounts, Sayles, in her closing argument, stressed Foseid's credibility and used his testimony to gut-punch the defendant: "Could somebody think that Sarah Gonstead was a fat, ugly bitch? There's only one person in the whole world that could think that. Sarah was a nice young woman. A quiet young woman. The only person who could possibly think that is Penny Brummer."A recurring theme in stories about miscarriages of justice is the reticence of people in the system to admit their own capacity for error. This is true even for highly ethical and honorable players like Schwaemle, who not long ago spoke of prosecutors' "need to nurture a culture in which error can be acknowledged and corrected without recrimination" and who is currently serving on a state task force aimed at reducing wrongful convictions. (One suggestion: Don't block efforts that could help show they've occurred.) The Brummer case will not get the fresh look it deserves on the initiative of the office that convicted her. This will happen only if the community demands it. If one person reading this column is moved to get the Berrys' book and start conveying concern about this case, that could make a huge difference. If there were as many as five or six, that's a movement. The question is whether people in this community, including public officials and law enforcement officers, have the courage to take this step in the interest of justice. Sheila Berry, whose plans to promote her book have been forestalled by husband Doug's sudden heart attack, says getting Brummer freed from prison is only half the battle: "I would like to see the person responsible for Sarah's death brought to justice." But for Penny Brummer, it's a pretty important half. "Something's got to happen," she told me during our visit, more than six years ago. "God's not going to let me sit here for something I didn't do. I feel he's guiding somebody out there to help me." Are you that somebody? Bill Lueders (blueders@isthmus.com) is news editor of Isthmus. |
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UPDATE
On March 9, 2012, the Dane County District Attorney agreed to DNA testing of newly
discovered blood and presumed ejaculate evidence, but Penny must pay
for this testing heself. Please help by sending a donation to:Penny
Brummer Defense Fund
Community Bank P. O. Box 369 Spring Green, WI 53588 Checks should be made payable to "Penny Brummer Defense Fund". Thank you! With your continuing help, not only will Penny be exonerated, but Sarah's killer will be prosecuted. |
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From ON THE TOWN by Bill Lueders HE'S SURE OF IT: Contrary to the norm, the memory of a surprise witness that Sayles used to help convict Penny Brummer of murder just keeps improving. James Foseid, who testified that he heard Brummer making death threats in a bar, says he's certain he fingered the right person, even after seeing the photo of a Brummer look-alike that ran along with a recent Isthmus story on the case. "I'm 100% certain it was Penny Brummer," Foseid this week told Isthmus, adding that the reason he's so sure is that the woman he heard making threats said her name was Penny. Whoa! When Foseid came forward in 1994 and testified at length in Brummer's trial, he never mentioned that she told him her name. "Foseid is full of it," says Sheila Berry, the author of a manuscript about the case. "He's padding in an attempt to justify his testimony four years ago." Back then, the book notes, Foseid changed his story to correct a problem with time and again to assert that the threats were made against the unnamed woman's "lover," not a close friend, as he had said early on. Jack Priester, Brummer's attorney, says that even though the defense discredited Foseid's testimony -- establishing, for instance, that these alleged threats were made two weeks after the body was found -- it had a major impact: "The case was so close; that's all the jury had to hear." Click HERE to read Foseid's original statement. |
What really happened to Sarah? Follow her within a few feet of outlaw bikers on Sarah's Last Walk.
Signs of Innocence: Click HERE to see how Penny Brummer measures up.
| Innocent Imprisoned |
Truth in Justice |