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Case Facts
To
be silent in the face of injustice is to be an accomplice to evil. We will
not be silent.
Introduction
This "investigation" was
pointed at my Dad right from the start. The very first interview that my
Dad had with the police was with S/A Skorlinski, of the DCI, February 13
1998. During the interview one of the first questions that was asked of
my dad was the visitation schedule of when we went to see my mom. Skorlinski
asked my Dad what the schedule was, my Dad started telling him, then in
mid sentence Skorlinski finished up what my Dad was going to tell him.
Skorlinski claimed he didn't know anything about the schedule and that
they haven't been briefed on any of the information of what was going on.
My dad was a cop for 18 years; he knows that they get briefed. Skorlinski's
version is that he asked my dad about his alibi and my Dad became distant
and angry. He became distant and angry because the "lead" investigator
of this case lied right to his face.
The investigation would be
simple, the victim's mother (Lola Cator) had/has extreme animosity towards
my dad, the divorce wasn't happening fast enough, and both parties in extreme
debt.
My Mom's estranged husband,
John Maloney, a Detective in the Green Bay Police Department, was developed
as a suspect given their impending divorce, ongoing child custody battle
and history of domestic disputes. According to my Mom's statements to her
psychiatrist, this was a turbulent relationship during which she suffered
physical and emotional abuse. As to the physical abuse, my Dad never hit
my Mom. He would defend himself from her by putting his hands up. I don't
know what she would have meant by emotional abuse, there was yelling by
both of them at each other, verbal abuse, I guess. I'm not saying that
everything that my Mom said to her psychiatrist was a lie but I know for
a fact she did lie to him. At one session she told her psychiatrist that
her and my Dad went on a trip to Florida with another couple. She added
that she had to fly back early in order to be by the side of another friend
that was dying of cancer. I know for a fact this is totally untrue.
My Mom began treatment with
the psychiatrist that I talked about above in 1992. The psychiatrist diagnosed
my Mom as having generalized anxiety disorder and panic disorder, and prescribed
the highly addictive drug Klonopin (Benzodiazepine). Within a year, my
Mom was routinely abusing her medication. Typically, she would take all
of the tablets prescribed, then request refills by claiming to have lost
the medication, left it in her pants pocket and washed it, etc. In the
discovery (investigation) papers there is a report dated 10/11/96 that
talks about an assessment of my Mom while she was briefly attending an
"AODA" meeting at Bellin Psychiatric Center. In this assessment it says
that: "the patient's (my Mom's) level of denial is extremely high".
Denial, meaning prescription drug and alcohol abuse. My Mom denied that
she had a problem as most addicts do, and she pretty much refused to treat
it. Furthermore in this assessment it says that, "the patient's mother
(Lola), sister (Wendy), and husband (my Dad) wrote letters confronting
the patient's drinking and behaviors". Wendy Conard (my Mom's sister)
told my aunt (Ginny Maloney) that she had washed her hands of my mother
because she couldn't help someone that didn't want to be helped. In the
same conversation she stated that, she (Wendy) felt that my Mom's psychiatrist
was "killing" my Mom by all the drugs that he was prescribing for her.
I too feel this way, as does my Dad, except he did not wash his hands of
my Mom. My dad has said to me that the only reasons that he filed for divorce
is because he didn't want us to get hurt in that house and because He wanted
to get my mom help. My question is, if the psychiatrist knew that my Mom
was addicted to the medication that was being prescribed for her, why would
he keep prescribing prescriptions for her?
My Mom's "best friend" shared
the same addictions as my Mom and helped her obtain the drugs and alcohol
on which she became addicted to. When my Dad filed for divorce in May of
1997, she took up smoking cigarettes, and sank further into addiction.
At the time of my Mom's autopsy,
her blood alcohol content (BAC) was. 25%, and her vitreous alcohol content
(VAC) was .40%--meaning that a few hours before her death, her actual blood
alcohol content was at least .40%. Five suicide notes were found in the
kitchen wastebasket. In the basement of the home, an electrical extension
cord was found tied to a conduit pipe. Two VCRs were stacked on the coffee
table beneath the cord. The shorter end looked suspiciously like a noose
that failed to hold. Blood was found on the coffee table, on the carpet,
in the laundry room and in the basement bathroom and shower. Her shirt,
with blood on the collar, was found in the clothes hamper in the laundry
room. A bloody fingerprint belonging to my Mom's "best friend" was found
on the shower door. There was a bloody footprint in the laundry room and
bloody towels in the unattached garage.
The
Green Bay Fire Department report noted: Several ashtrays were located throughout
the building, many filled with cigarette butts. It was noted that several
cigarettes had been left burning on tables, counter tops and on a telephone
book and had burned down or self extinguished. Two burned paper matches
were identified on the floor of the living room next to the coffee table
that was located to the East of the sofa… Evidence in the dwelling, including
several ashtrays containing cigarette butts, burned and discarded matches
on the carpet in the living room and self-extinguished cigarettes on furniture
throughout the home, indicate a careless pattern of cigarette smoking by
the occupant. Again look at how careless she was with cigarettes, leaving
them all over the house and leaving them burning all over the place, unattended.
DCI
said that this fire was arson. Then why a couple days after the house was
released to my Dad, did he have to tell S/A Skorlinski to take a book of
matches that had fingerprints on it, and was 10 feet away from the point
of origin of the fire? Not what a guilty man would do. Wouldn't you think
that if this were arson they would need to have some time that the fire
started? Well my Dad had to tell Skorlinski to take the living room clock,
5 feet away from the point of origin. If my Dad started this fire, why
on earth would he tell them any of these things? This is the kind of sloppy
investigating that went on.
The
Autopsy
Just
for information purposes, this is NOT a description of the autopsy. I would
not be writing this in here if it were.
Dr.
John Teggatz of the Milwaukee Medical Examiner’s office performed the autopsy.
His only discussion of my mom's history in his autopsy report is a brief
recitation of circumstances, which the victim was found deceased in a house
that had suffered from a fire. There is no evidence that my mom's social,
medical, mental health, or smoking history were taken into account in the
conclusions of his report. This is not a legitimate forensic practice.
I would think that in order to get a full understanding of the victim,
one would want to know the history of the victim in order to make an accurate
assessment of the "crime" that happened. After observing evidence of strangulation--my
mom's neck was too burned to differentiate between ligature (rope, extension
cord, etc.) and manual (by hand) strangulation. If it was too hard to tell
if it was manual or ligature strangulation, why would one "guess" at a
crime? This would determine the whole outcome of which way this investigation
went. Dr. Teggatz concluded that the cause of her death was "probably manual
strangulation. "Note, "probably" manual strangulation, NOT just manual
strangulation. It is NOT a hard fact! This equivocal finding was reviewed
by Dr. Gregory Schmunk, Brown County Medical Examiner, who embellished
it with his own imaginative but unsubstantiated and unreliable theories.
Ignoring the physical evidence and failing to direct a complete forensic
investigation, Dr. Schmunk declared my mom's death a homicide. "There was
no other explanation for the death disclosed by the autopsy, other than
strangulation/suffocation at the hands of another," Dr. Schmunk claimed.
This is a very confusing case, these medical examiners never visited the
scene and they were told nothing about the basement scene. As you read
above the basement had blood all over it, extension cord hanging from ceiling,
and a bloody fingerprint of my mom's "best friend". This fingerprint was
on top of the blood NOT under it. This would mean that this person was
there AFTER this scene in the basement. This person was NOT John Maloney.
Adding
Arson After The Fact
I say
"adding arson after the fact" because, arson was never ruled until after
homicide was ruled. Before it was considered an accidental death due to
careless use of smoking materials.
The
Brown County Arson Task Force report made the following findings after
investigating the fire scene on February 11, 1998: … Heat patterns on the
West wall behind the sofa were most intense directly behind the North end
of the South sofa section. The ceiling directly above this area exhibited
the most intense direct heat exposure, with a section of drywall material
having burned through and fallen. Physical evidence, including the condition
of the victim, indicates a fire that was initiated in the cushions of the
South section of the two-piece sectional sofa. The fire apparently smoldered
in the cushions of the sofa, creating dense and toxic smoke and intense
localized heat. The fire continued to burn in the smoldering state until
oxygen in the structure was depleted below combustion sustenance levels.
Evidence in the dwelling, including several ashtrays containing cigarette
butts, burned and discarded matches on the carpet in the living room and
self-extinguished cigarettes on furniture throughout the home, indicate
a careless pattern of cigarette smoking by the occupant. The location of
the fire's origin supports careless use of smoking materials as the probable
ignition source of the fire. The declaration of homicide, however, meant
that the fire could not have been accidental. Special Agent Gregory J.
Eggum of the Wisconsin Department of Justice, Division of Criminal Investigation,
reviewed autopsy findings first, then looked at the same evidence. He reported:
Accelerates were located on the couch, stuffed into the couch, and in front
of the couch. These accelerates were matchbooks, paper, and cloth. The
area of origin also included the body, which was on the couch at the time
of the fire. S/A Eggum could not eliminate the possibility that the body
was also set on fire. Also on the floor between the davenport and the coffee
table around the heavily charred floor there was an irregular burn pattern
which appeared to be an accelerate pattern, either solid or liquid. It
was also noted that when water was poured on the floor near this charred
hole, it ran away from the hole towards the davenport. The cause of this
fire was determined to be deliberately set. In fact, no evidence of liquid
accelerates was found at the scene. The items described by S/A Eggum as
"accelerates" are "fuel," i.e., they can be burned. S/A Eggum suggested
that twisted tissue might have been used as a trailer, but the tissue wasn't
burned, and therefore could not have been a trailer. How in a house covered
in black soot can there be WHITE tissues around the couch, where there
was the most fire damage? That is a mystery to me. The fire was contained
and quickly extinguished because the windows were closed. There was insufficient
oxygen available to keep the fire burning.
Conviction
with No Evidence To Back It Up
This
highly publicized case was in the news at least three times a week every
week. I believe that my Dad was convicted in part by the media. All that
was on constantly was the news stations sympathizing with my grandma. She
used the media as a ploy to show my dad as a horrible person that had all
of this built up hate and anger for my mom, which is totally untrue. She
is the one that had been waiting for something like this to happen to kick
my dad while he was down. She said to a man from the Rescue Squad Personnel,
on the very same morning that she found my mom, something to the effect
of "I knew he would do this, I hope he's happy now", meaning the death
of my mother was due to the efforts of my dad! The case was portrayed as
one of "greed, sex and obsession" and prosecuted on the basis of speculation
and theory rather than fact. The case was based on "greed, sex, and obsession".
Greed, by the prosecution and city of Green Bay to get a conviction. Sex,
used as a ploy in the infamous Las Vegas videotape to get this "confession".
Obsession by Lola Cator to destroy my dad and ultimately destroy our lives,
which she has succeeded in doing. Although the State of Wisconsin has a
conviction, the circumstances of my mom's death remain largely uninvestigated.
My mom's "best friend" has never been questioned about the presence of
her fingerprint in blood on the shower door in my mom's house. The electrical
cord found hanging in the basement was never examined for blood, hair or
any other trace/transfer evidence. Lola's explanation for this is that
there wasn't enough electrical sockets on the right side of the house,
so that was put there to plug a de-humidifier in. She also said that it
has been hanging there for (5) years. I think I would have seen that extension
cord there if it was there for five years. And it WASN'T. Blood found throughout
the basement has not been subjected to analysis (simple typing or DNA).
Crime reconstruction theories have so far made no attempt to account for
any of the evidence found in the basement. No specific tests were conducted
to identify metabolites associated with the many prescription drugs my
mom was known to take or to which she had access. No medications were recognized,
documented, collected and catalogued by crime scene personnel. No tests
were conducted to identify stomach contents collected at autopsy. No tests
were conducted to determine the plausibility of the fire being caused by
a lit cigarette dropped into the sofa cushions. This investigation was
not thorough enough and it has to be re-opened at once.
Some
of the information on this page was obtained from the work that Sheila
Berry has done for my Dad on TruthInJustice.org. I have added my personal
opinions that I have obtained living through this whole ordeal, and taken
parts directly from police reports that were obtained during the "investigation".
This is all true, and none of this is fiction by any means. This was a
horrible "investigation". The "investigators" built their case around a
suspect (my dad), rather than having the TRUTH point to a accidental death.
© Copyright
MIP
1999
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