CITY MOVES TO DISMISS RICO SUIT

A Milwaukeeworld Scoop

October 4, 2005 -- The City of Milwaukee filed a motion in United States District Court Eastern District of Wisconsin to dismiss the city of Milwaukee defendants in the RICO case filed by Joseph Kaye alleging preferential treatment by the city in a real estate transaction.
The case involves a city owned property on E. Kane Place that was sold by the city to adjacent property owner Julilly Kohler, who is now developing the site for her residence and other dwelling units. It made a number of accusations against Kohler and city officials.
It was brought by Joseph Kaye, an attorney who once owned a property in the East Village area and made an offer to purchase the lot sold to Kohler.
According to the City's Memorandum in Support oif the Motion to Dismiss,
"Plaintiff's RICO complaint is remarkable in its audacity. ... plaintiff has concocted a far-reaching criminal enterprise to manipulate the ownership, sale and use of City-owned real property (but, strangely, only that in the Third Aldermanic District) devised and controlled by a host of City agencies, City officials, including Alderman Michael D'Amato and Mayor Barrett, the East Village Association, Inc. and certain of its officers.
"One would think that such serious allegations of widespread political corruption and criminal association reaching deep into City Hall would be carefully pleaded and amply supported by factual allegations -- that there would be some good faith attempt to substantiate those charges.
"The plaintiff, however, prefers to traffic in naked accusations, salacious innuendo, and self-serving rationalization. He eschews facts. He eschews detail. He eschews the requirements of Federal Rule of Civil Procedure 9(b). ... The result is a rambling, disjointed and unsupported complaint that fails to state a claim. Indeed, plaintiff has not properly alleged a single element of his RICO and WOCCA claims, which are fatally deficient in every material respect."

Whew! That is just from the introduction!

The document quotes a judge in another case as referring to a civil RICO suit as "the litigation equivalent of a thermonuclear device," and goes on to say "Because plaintiff's complaint is so deficient as to be frivolous, the Court should dismiss this action with prejudice and without leave to amend."

It quotes the original complaint of Joseph Kaye in which he says, "I am alleging that the defendants are individuals and entities that are members of the enterprise. They are not separate from the enterprise, nor are they the enterprise itself."
According to the memorandum in support of the motion to dismiss, "This 'allegation' is, both linguistically and logically, incoherent."

The document was filed by Thomas L. Shriner, Jr. and Andrew J. Wronski of the Foley & Lardner law firm, attorneys for the City of Milwaukee defendants, Michael D'Amato and Lincoln Fowler, and joined by Terry E. Johnson, of Peterson, Johnson and Murray SC, attorneys for Julilly Kohler.

The City of Milwaukee defendants named in the case are The City of Milwaukee, Mayor Barrett, the Department of City Development, Rocky Marcoux, the City of Milwaukee Plan Commission, the Redevelopment Authority of the City of Milwaukee, Bunkie Miller, John Hyslop and Patricia Algiers.
Also named are Alderman Michael D'Amato, Lincoln Fowler and Julilly Kohler along with certain board members of the East Village Association.
--Michael Horne

REPORT FROM THE AMBASSADOR

The report from the Ambassador Hotel, 2308 W. Wisconsin Avenue, is that the place has been extensively refurbished and looks great. A reception was held to introduce the hotel's improvements at a fundraiser for Ald. Bob Bauman in the newly-named Envoy Room on Thursday, October 27th, 2005.
Among the attendees were Bill Ward, Boris Gokhman, Common Council President Willie Hines, Ald. Jim Witkowiak (still nursing that messed-up left ankle), Ald. Terry Witkowski, Vince Bobot, H. Carl Mueller, Joel Lee and others too numerous to mention, including Kevin Soucie and Beth Nicols.
Bobot has cast his hat in the ring to run for sheriff as a Democrat. This would pit him in a primary election against incumbent Sheriff David Clarke. But there are forces in the Democratic party that would be happy to be rid of Clarke for several reasons, and there are forces in the Republican party who would like to see Clarke become a candidate for their party for their own reasons. There are still others, many of them employees of the sheriff's department, who would like to see Clarke resign, retire, or simply disappear.
Bobot, who had toyed with running for district attorney, said he would run a positive campaign. Even so, any serious candidate must do research on his opponent's weaknesses, which in this instance would be both easy and time consuming.

Ald. Bauman told the crowd at the event that hotel owner Rick Wiegand moved three houses that were on the site to N. 26th St. and W. Kilbourn Ave. to be rehabilitated, whereas he simply (and more affordably) could have razed them. The refurbished hotel awaits completion of its Cafe Deco, which will offer outside dining in season. The hotel is open for luncheon and dinner now, and will also offer breakfast soon.
H. Carl Mueller said he will make some changes to the cool building he bought for his offices on N. Prospect Ave. and E. Royall Pl., just across from the Charles Allis Art Museum. The old, modified mansion had served as a hospital and an advertising agency, and will be home to Mueller's public relations firm which is now in the Fifth Ward area. He says the mantles to the building's fireplaces have disappeared over the years and is looking for period replacements. So, if you have five vintage mantles, H. Carl is the man to call.

Onmilwaukee.com on the Move
The website onmilwaukee.com will be occupying quarters on the second floor of the Continental Savings Bank branch at 1930 E. North Avenue.

J.D. Watts Announces Candidacy
J.D. Watts, J.D. has announced his candidacy for a seat on the Milwaukee County Circuit Court at an event at the Wisconsin Club on October 20th 2005. J.D. is a Juris Doctor, so he truly is J.D. Watts, J.D.
So, what does the first J.D. in his name stand for? "It's Jonathan Dwight," he said. "But I was always raised as and called by the name J.D. in honor of my dad's best friend in the Marine Corps, named J. D. Sharpe."
According to Watts, his father, George Watts, served in the Marine Corps where he befriended southerner Sharpe. They both entered as privates and became 2nd Lieutenants during World War II.
After the war Watts returned to Milwaukee where he operated the family's fine china and gift store, and J.D. Sharpe became a lawyer in Washington, D. C. By the time the Korean conflict rolled around, George Watts was married (to Martha) and had a family. Sharpe, a reservist, was called up to duty and was killed in a deadly attempt to save Army soldiers in the Chozin Reservoir in 1951.
"Dad vowed to name his first son after J.D. and I was born in January 1952," Watts said.
What did the initials "J.D." stand for in Sharpe's name?
"Jefferson Davis," Watts said. "A common practice among those from the south."

OLD LIGHTHOUSE GETS NEW PAINT
It is covered in canvas now, but the old North Point Lighthouse, located in Lake Park, should have a new coat of paint by November 22nd, its 150th birthday. A private group working to repair the attraction has raised $1.45 million, and hopes to raise the remaining $225,000 for the project by November 22nd, when an event is planned.

TRANSIT SYSTEM REJECTS STANDARD TIME
The Transit Television Network devices installed in Milwaukee County Transit System buses have not been changed to reflect Central Standard Time, as recently as Thursday morning.
On Wednesday evening November 2nd, 2005 at 8:25 p.m., the annoying little video screens (which were mercifully muted at the time) read "Today is Tuesday, January 08 2002. The time is 5:25 p.m."

ASKING PRICE FOR BRADY STREET DUPLEX + LOT: $500,000

Shawn Hutchens, operator of Green Fields on N. Farwell Avenue has listed the vacantsouthwest corner of E. Brady St. and N. Arlington Pl. for sale with a price of $500,000. The adjacent duplex, which could have a commercial use, is included in the package. Nancy Beutner Meeks was able to turn over a N. Jackson St. lot for her clients in just a couple of months. The $90,000 investment netted a $60,000 profit for the clients. The site is on a bluff overlooking the city and was one of my favorite hangouts when in the mood for urban solitude.

BIERSTADT PAINTING FOR SALE
A landscape painting by Alfred Bierstadt (aren't they all), long on loan to the Wisconsin Historical Society is being sold by the family that owns it and has been moved to Milwaukee in order to do so. The painting is insured for $3 million. The record for a Bierstadt is $7.7 million, set at Sotheby's in 2003.

FROM BREW CITY TO CAPITAL CITY

“Of the Capital and Brew, Appropriately Enough…”

By Paul Snyder

First off, yes, I was out on State Street Saturday night, but no, that was not me getting doused with pepper spray on the evening news. My friend and I avoided that whole melee by ducking into the Karaoke Kid for a couple rounds of beers and a bleary-eyed shot at becoming the next American Idols, if only in our own minds.

I will say this, though. He, dressed as Abraham Lincoln, and I, dressed as Batman’s arguably coolest nemesis the Joker, did have a fine go at Tears For Fears’ 1984 classic “Everybody Wants to Rule the World.” And if you think about it, there’s really no song quite as apropos for the Great Emancipator and the Clown Prince of Darkness to duet on.

Anyway, that was last month.

And what does a new month bring this fair state of ours? Financial dilemma. No surprise, really… but now you know it’s getting serious, because out here on Capitol Hill, the Assembly has passed AB 787, which could restrict the growth of the state’s smaller breweries, and raise the price of beer.

I think Macaulay Culkin said it best in both Home Alone and Home Alone 2:
AAAAAAAAAHHHHHHHHH!!!

Imagine! Wisconsin attempting to put the shackles on beer! Somewhere, cheese is hiding in a corner in its best attempts to remain unnoticed.

Essentially, the bill would require Wisconsin small breweries to build or lease a distribution warehouse separate from their brewery if their production exceeds a certain amount (essentially, if you like a beer, don’t let other people know, because the last thing we’d want is for it to become popular). It also grants exclusive distribution territories for beer wholesalers.

Apparently California recently pushed similar legislation through, and the Federal Trade Commission said it could result in higher prices and lower amounts of variety. Well, that’s all well and good for Schwarzenegger’s land – but when’s the last time you had a good California beer? That might be ignorant on my part, yeah – but my preference of Capital Amber, New Glarus Spotted Cow, and pretty much anything concocted by the Lake Front Brewery over Miller High Life is significant no less, if only to myself.

But only 16 members of the Assembly thought it wasn’t a good idea. 78 thought it was. 78? And they call themselves Wisconsin State Representatives…

Continuing on from my soapbox beer crate, aren’t the microbrews what give a state, especially this one, its character? They came here to make beer… Freddy Miller thought it was a good enough arena to do it, and look how far he got. Can the microbrews ever compete? Maybe not, but at least there’s an option right? Testament enough to this are the crowds gathered at Water Street and Lake Front tents during Summerfest. Oh, and the fact that the state’s holds the country’s Microbrew Festival every September.

But apparently, legislators are content enough with Milwaukee’s Best as an option. ::Tremble::

It’s almost enough to make you valiantly brandish a stein of New Glarus on the Senate Floor, rallying the state behind you with a cry of “You can take our pride, but you’ll never take our freedom!”

But God forbid they think it’s a popular beer…

[Paul Snyder is the Madison correspondent for The Daily Reporter newspaper.]

MARSUPIAL BRIDGE OPENING SET FOR 10th -- But Bridge Lacks Vital Access Component

The Holton Marsupial Bridge will have its ribbon-cutting on Thursday, November 10th, it has just recently been determined.
The event will take place at 3:30 p.m. at the east end of the bridge linking the Brady Street area with the newly-developing Beer Line "B" neighborhood. The event will be outdoors, and brief, due to the unpredictability of Milwaukee's November weather. A more complete ceremony is planned for the Spring.

Following the ribbon cutting, guests will walk a few blocks to the east to Regano's Roman Coin, 1004 E. Brady St. on the northeast corner of N. Astor and E. Brady streets where Teri Regano has arranged food from the Emperor of China, beer from Lakefront Brewery, and yet more food from Glorioso's and from Au Bon Appetit.

I'll be there with my travelling show about Edward Dwight Holton, my hero.

Marsupial Bridge Ends in Disappointment

On a recent walk across the bridge, it was apparent that certain funding cuts were made to the multimillion dollar project that severly hamper the utility of the bridge. It was originally planned that the west end of the bridge offer direct access to N. Commerce Street via means of a staircase.
This staircase was not built, so once you arrive at the west (north, actually,) end of the marsupial bridge, you have to walk east along a bike path that is in the form of a switchback on the hill there. Then, to get anywhere like Lakefront Brewery, a likely destination, or most of the housing in the neighborhood, you'd have to walk all the way back to your point of origin. In all, a distance about three times the length of the bridge itself.

After a Lakefront Brewery tour last Friday, a group of visitors thought it would be neat to walk over to Brady Street via the Marsupial Bridge. They clambored, rather unsuccessfully, up the steep hill beneath the bridge where the stairs should be. That surface has been recently filled with rough gravel, rendering the hike up the bluff almost impossible, and certainly not to be recommended for the infirm or intoxicated, or those in high heels.
Certainly the funds can be found to put a staircase at the terminus of the bridge. It is practically useless as built, and is a great disappointment for a project that was designed to "connect and reconnect" Milwaukee's neighborhoods.
It would not have to be an expensive staircase -- I'm certain such units exist in a prefabricated state that would meet the standards of the City Engineers. You see them in factories all of the time.
Until that is done, there will be very little incentive for residents of the new Beer Line "B" neighborhood to cross the bridge, since it will take such a big hike just to get to it. Unreal!

But, as it is built, I regret to say that the Holton Marsupial Bridge, for which I had such great hopes, will not be a useful amenity for the residents of the Beer Line "B" neighborhood until this oversight is overcome.
For now, it would be just as easy to climb the 79-foot staircase already attached to the Holton Viaduct and cross the top of the bridge, just as you have been able to do for the past eighty years, provided you were in good enough shape.
--Michael Horne

KAROS GETS 20 MONTHS IN CLUB FED

"Do you really think I deserved this?" a teary Marilyn Karos asked FBI Special Agent James B. Doyle on Monday as she was led in handcuffs from the courtroom of Judge Charles Clevert to immediately begin serving a 20 month period of detention in a federal facility.
Doyle did not answer the 64-year old art dealer's questions, but his actions speak for themselves: it is the second time he has put the Whitefish Bay resident behind bars in four years.


This time it was because of Karos' efforts to secure the release of her lover and former codefendant Richard O'Hara from prison by offering an informant to pay $56,000 to sign a false affidavit.
The affidavit, to be signed by James F. Kosi, would state that an assault on a victim in the original O'Hara trial never happened.
"The assault in question was the basis for O'Hara's racketeering and and extortion conviction," for which he was sentenced to 10 years imprisonment in 2001, according to an affidavit by FBI Special Agent Doyle. "Karos insisted that he sign the affidavit to help O'Hara get out of prison."
Instead, Kosi called Doyle, and an investigation was begun that led to the judge's imposition of a sentence considerably harsher than that called for in the presentencing report and plea agreement signed in April, when Karos pled guilty to the charges against her.
In addition to putting Karos under control of the Federal Bureau of Prisons for 20 months, he imposed a $30,000 fine, prohibited any contact with Kosi or O'Hara, demanded she continue mental health treatment, submit to drug tests and barred her from transferring any property of $500 or more in value without the approval of her supervising officer.
Prior to the sentencing, the judge said, "people like you need to be deterred from criminal activity. You do not take an oath seriously. You are prepared to do whatever it takes to have your way.
"I want to make it clear to you and to the world that obstruction of justice is not a trivial matter. ...Respect for the law must be maintained. The court must deter the defendant from similar conduct."
The only surprise at the sentencing hearing was a video tape of a meeting Karos had with Kosi in the Pfister Hotel, as Kosi cooperated with authorities in their probe.
As Kosi pulls some papers out of a plastic grocery bag ("A Polish briefcase," as he put it), he asked Karos, "do you have a boyfriend?"
Karos' face lit up, "Richie!" she exclaimed.
"You're still in love with him," Kosi said.
Meanwhile, as the covertly-recorded tape played in Courtroom 222 of the Federal Building, Karos' husband of 43 years, Dr. Michael Karos, cradled his bald head in his hand.
Doyle was mentioned in the tape, when Karos mentioned an encounter with him at Glorioso Brothers grocery on Brady Street. She said "what? Are you following me?" She also questioned Doyle's intelligence and said "he got Richard by hook or by crook." The tape went on for quite some time, with Karos and Kosi bantering; Kosi making it clear that he was very hesitant to enter into any illegal deal with Karos over the affidavit.
Karos' attorney Stephen M. Glynn said Karos' entire criminal history is entirely based on her relationship with O'Hara, that she is a "psychologically abused person as a consequence of O'Hara" and said the relationship was now over.
Assistant U.S. Attorney Tracy Johnson noted that members of Karos' family have visited O'Hara in prison.
Karos had nothing to say when the judge asked if she would like to speak.
He then noted that Karos has been of some assistance to the government in an unnamed investigation in St. Louis.
"You have been helpful to the government while at the same time you make light of the federal government. There is evidence your emotions and hangup on Mr. O'Hara played a role in your conduct. Equally clearly, I need to make apparent to you and the world that the criminal justice system should be respected and not manipulated for some woman's personal reasons." --Michael Horne

[Update: March 16th, 2007 -- According to the Bureau of Prisons website, Ms. Karos is due to be released on April 9th. --Ed.]

[illustration credit: Marilyn Karos at her sentencing by Michael Horne, drawn from life, 31 October 2005]