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State pardon board denies Maloney bid

by The Associated Press

July 15, 2006

The chairwoman of Gov. Jim Doyle's Pardon Advisory Board has rejected a former Green Bay police detective's request to present evidence to show his wife's death was an accident, not murder, a spokesman for the governor said Friday.

A jury convicted John Maloney, 49, of strangling his estranged wife and setting fire to her home in 1998. He has repeatedly said he did not kill his wife, but he has exhausted his appeals in state court.
                   
John and Sandy Maloney were going through a divorce and custody battle when the woman's charred corpse was found in February 1998 in her Green Bay home. Prosecutors say Maloney, an arson investigator, struck his wife with a blunt object, strangled her and then set fire to the home to try to cover up the crime.

Maloney applied to the Pardon Advisory Board in Madison for a waiver of rules that would allow him to present evidence in his wife's death, his sister, Virginia Maloney, said in a statement this week. The six-member board reviews applications for executive clemency and makes recommendations to the governor.

Matt Canter, a spokesman for Doyle, said Friday the chairwoman of the board, Amy Kasper, denied the waiver this week without explanation.

Since Doyle took office about four years ago, the board has granted only one waiver of the three requirements needed to get a case before the board, Canter said. "It is not something that is common in any way," he said.

To come before the Pardon Advisory Board, an applicant must be convicted of felony and no longer be incarcerated, and more than five years must have elapsed from the completion of all sentences, Canter said.

Virginia Maloney did not immediately return a message Friday left at a phone number listed on the family's Web site.

In Maloney's original trial in 1999, Maloney's defense tried to pin Sandy Maloney's death on his then-girlfriend Tracy Hellenbrand, who cooperated with prosecutors in gathering evidence against him. But the jury rejected the argument. He was sentenced to life in prison with no eligibility for parole until 2024.

Maloney contends that his wife's death was an accident — the result of alcohol poisoning — and that she was brain dead at the time the fire started. Maloney maintains that the fire, which snuffed itself out before destroying the home, was an accident.

Maloney failed to get a new trial in two appeals to the Wisconsin Supreme Court, including one that argued that a prosecutor who was later convicted of bribery and misconduct in other cases acted illegally in the murder case.

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