BUCHER CHARGES RILEY WITH DOUBLE VOTING

By Michael Horne


Waukesha County District Attorney Paul Bucher today charged Donovan W. Riley Sr. with one count of "Election Fraud- Vote More Than Once," when the Oconomowocian from Chicago cast his ballot in both cities during the November general election of November, 2000.
Apparently, Riley's multiple residences had aroused suspicion of his voting habits well before he announced his candidacy to challenge Sen. Jeff Plale in the democratic primary for the seventh district seat. Bucher's Criminal Complaint notes Riley signed a form attesting to his residency in the Windy City within a day of having voted from the Oconomowoc Address in 2004, and that the clerk of the Town of Oconomowoc had flagged his name in the exigency that such an offense as charged might have occured then.


I've got the text of the complaint filed away here, and let's see if I can post it so you can take a look. I hope it pastes itself okay to your browser.

Here goes:

State of Wisconsin

Circuit Court

Waukesha County [County Name]

STATE OF WISCONSIN Plaintiff, -vs- Donovan W Riley Sr N60 W39698 Mary Lane Oconomowoc, WI 53066 DOB: 02/14/1937 Sex/Race: / Eye Color: Hair Color: Height: Weight: Alias: [Defendant's name, address, identifier and demographic info] Defendant, [The word Defendant or Defendants]

DA Case No.: 2006WK007543 Assigned DA/ADA: Paul E. Bucher Agency Case No.: Court Case No.: ATN: [DACase #, Assigned DA/ADA, Agency Case #, Court Case #, ATN] Criminal Complaint

Paul E. Bucher, District Attorney of the Waukesha County District Attorney’s Office

, being first duly sworn on oath, upon information and belief, states that: [Primary Officer or Default Complainant, and Agency Name]

Count 1: ELECTION FRAUD-VOTE MORE THAN ONCE

The above-named defendant on Tuesday, November 07, 2000, at the Meadowview School, W360 N7077 Brown Street, in the Town of Oconomowoc, Waukesha County, Wisconsin, did vote more than once in the same election, contrary to sec. 12.13(1)(e) (1999-2000 Wis. Stats.), a Felony, and upon conviction, may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than four (4) years and six (6) months, or both.

PROBABLE CAUSE:

And prays that the defendant be dealt with according to law; that the basis for complainant’s charge of such offense is: based upon your complainant’s own personal knowledge and investigation in the above alleged matter. Your complainant indicates he is the elected District Attorney for Waukesha County and has been the District Attorney for Waukesha County since 1988. Your [Probable Cause section] complainant indicates part of his responsibility, as the District Attorney of Waukesha County is the investigation and prosecution of criminal matters occurring within the geographical boundaries of Waukesha County.

In that capacity, your complainant indicates he did receive a complaint by a George Mitchell, authorized representative of an entity entitled All Children Matter, alleging that an individual identified as Donovan Riley, the above-described defendant, had voted twice in the election that occurred on November 7, 2000. The complaint alleged that, on November 6, 2000, the defendant, while still a registered voter in Cook County, Illinois, did register to vote in Waukesha County, Wisconsin, specifically in the Town of Oconomowoc. The complaint alleged that Donovan Riley did fill out a voter registration card on that date, indicating that under penalties of perjury he did reside at N60 W39698 Mary Lane, in the Town of Oconomowoc, Waukesha County, Wisconsin, and did meet the voter eligibility requirements for the State of Wisconsin. The complaint alleged that, on November 7, 2000, he did, in fact, vote in person at Cook County in the election being held on November 7, 2000. The complaint further alleged that the defendant also then voted again on November 7, 2000, in the presidential election, in the Town of Oconomowoc, voting twice in the same election.

In addition, the complaint alleged that, on September 14, 2004, the above-described defendant did vote in the Town of Oconomowoc, in the election being held on September 14, 2004. The complaint further alleged that, notwithstanding his vote in the Town of Oconomowoc on September 14, 2004, on September 15, 2004, the defendant did take action to confirm his status as an active Cook County voter, by returning a mail canvas postcard to the Board of Election Commissioners in Cook County, Illinois, indicating that, in fact, he was an elector in Cook County, Illinois. Based upon that action, the defendant’s voting status in Cook County, Illinois (which was under challenge at that time) was modified to reflect active voter status with an address of 155 North Harbor Drive, in the City of Chicago, Illinois.

In addition, your complainant did receive correspondence from the State of Wisconsin Elections Board, dated August 14, 2006, indicating that the State of Wisconsin Elections Board had received the above complaint against Donovan W. Riley, indicating that the Elections Board for the State of Wisconsin did not have jurisdiction over violations of Chapter 12, of the Wisconsin Statutes, which prohibits making false statements to election clerks, or voting twice in the same election. The State of Wisconsin Elections Board then deferred the matter to the Waukesha County District Attorney’s Office, as well as the United States Attorney for the Eastern District of Wisconsin.

Based upon that, your complainant indicates an investigation was opened to determine whether or not the allegations in the complaint could be corroborated through contacting the various respective election clerks/commissions.

In light of that, your complainant did immediately contact the Town of Oconomowoc town clerk, identified as Peggy Chapman, and also did contact the county clerk for Waukesha County, Kathy Nickolaus, as the keeper of the records for elections occurring within the Town of Oconomowoc and Waukesha County. Your complainant did contact the Offices of the Chicago Board of Election Commissioners, specifically the executive director, Lance Gough, the keeper of the records for the State of Illinois, Cook County. Your complainant was made aware, through various media interviews, that the person identified as Donovan Riley had indicated publicly that he may have voted in the election twice in November 2000, in both the Town of Oconomowoc and the City of Chicago, but that it would have been an inadvertent mistake or neglect on his part and not an intentional act to subvert the election process. Your complainant indicates the investigation continued and, based upon certified documents returned to the Office of the Waukesha County District Attorney from Waukesha County/Town of Oconomowoc, and the Chicago Board of Election Commissioners, your complainant has been able to determine that, on November 7, 2000, Donovan W. Riley, did, in fact, vote by casting a ballot in the November 7, 2000 election in the City of Chicago, Cook County, State of Illinois, and further, did vote again in the election of November 7, 2000, by casting a ballot in the election being held on November 7, 2000, in the Town of Oconomowoc, Waukesha County, Wisconsin.

Said records specifically reveal that, on November 6, 2000, Donovan Riley appeared at the Town of Oconomowoc Town Hall, located as indicated in Count two, and filled out a voter registration application for United States citizens, indicating his name, Donovan W. Riley, Sr., residing at N60 W39698 Mary Lane, Oconomowoc, Wisconsin, with a date of birth of 2/14/1937. The voter registration card the defendant filled out indicated Mr. Riley was registering to vote in the Town of Oconomowoc, and swore and affirmed that he was a citizen of the United States; that he met the eligibility requirements for the State of Wisconsin, and that the information he was providing was true and correct to the best of his knowledge, and that he was aware he could be subjected to a fine or imprisonment if the information was not correct. The defendant then signed the voter registration card, dated November 6, 2000, which voter registration card was attested to by the deputy clerk, Jan Miller, on such date. Subsequently, on November 7, 2000, at the location listed in Count one, Donovan Riley did cast a ballot in the election being held on November 7, 2000, in the Town of Oconomowoc, Waukesha County, Wisconsin, based upon the records maintained by the Town of Oconomowoc, in Waukesha County, for the election of November 7, 2000. In addition, said records indicate that, in addition to voting November 7, 2000 and registering to vote November 6, 2000, the defendant did cast ballots in the Town of Oconomowoc for the following elections: September 10, 2002, November 5, 2002, February 17, 2004, September 14, 2004, November 2, 2004 and April 5, 2005.

Your complainant indicates, based upon the certified records of Board of Voter Registration Records, regarding Donovan W. Riley, submitted by the Chicago Board of Election Commissioners, your complainant was able to verify that Donovan W. Riley had registered as an elector in the City of Chicago, Cook County, State of Illinois, initially in October 1988 and again in January 1999. Said records further indicate he did cast a vote in the November 7, 2000 general election in the City of Chicago, Cook County, Illinois, but had not cast a ballot in any elections subsequent thereto.

Said records do indicate, however, that the defendant’s voter registration status was questioned subsequent to his vote on November 7, 2000. Said records indicate that a questionnaire/postcard was sent to Donovan Riley, at his address at 155 North Harbor Drive, City of Chicago, Cook County, Illinois, with a question that he verify his residence for voting purposes. On or about September 15, 2004, the defendant did return the postcard/questionnaire relative to his voting status. As a result of that returned document, the challenge to his voting status in the State of Illinois was rejected and his voter status was updated to being an active voter status as of September 15, 2004. In addition, however, the certified records submitted by the Town of Oconomowoc, Waukesha County indicate that the day before, to-wit: September 14, 2004, the defendant did cast a ballot in the September 14, 2004 election held in the Town of Oconomowoc, Waukesha County, Wisconsin, the Fall Partisan Primary, and was assigned voter number 333.

Finally, said records indicate that, in the November 2004 election, the above-described defendant did cast an absentee ballot. Specifically, your complainant has been able to review the absentee ballot certification, filled out by the above-described defendant, who indicated that he was casting an absentee ballot for the election dated November 2, 2004 and gave his full time address as 39698 Mary Lane, indicating that he was a resident of the ward and municipality of Waukesha County, State of Wisconsin, Ward #3 in the Town of Oconomowoc, and was entitled to vote in that ward, indicating he was not voting at any other location and then submitted an absentee ballot. Said records from the Town of Oconomowoc, Waukesha County, indicate a challenge was made to the defendant’s absentee ballot, #1770A, by an elector within the Town of Oconomowoc, indicating that she believed the defendant’s residence was, in fact, the State of Illinois, and that Oconomowoc was only his summer home. Records from the Town of Oconomowoc, Waukesha County, indicate that the absentee ballot for the November 2, 2004 election was, in fact, counted, but had been flagged in case of a recount or any other election discrepancies due to the challenge filed and questions regarding his residency for voting purposes.

Based on the foregoing, the complainant believes this complaint to be true and correct.

___________________________________

Complainant

Subscribed and sworn to before me APPROVED FOR FILING:

this _____ day of _______________ , 2006 [Current Year].

________________________________ ___________________________________

Assistant District Attorney Assistant District Attorney

State Bar # __________________________

PEB/ms

---

STATE OF WISCONSIN - VS - Donovan W Riley Sr

SHERIFF CLARKE'S GUN ARREST

DAVID CLARKE: IDLER OR LOAFER?

Early Weapons Arrest Revealed

By Michael Horne

Sheriff David A. Clarke Jr. has often grumbled that his deputies don’t give him a day’s work for a day’s pay. Milwaukeeworld.com decided to take a look at the sheriff’s own record of productivity during his service as a Milwaukee police officer.

As reported in this week’s Shepherd Express, Clarke was dismissed from the police department on November 3, 1983, for four counts of violations of department rules and regulations, to wit: [being] “intoxicated, untruthfulness and failing to obey lawful order emanating from [a] superior officer.”

Clarke appealed the dismissal, and was reinstated by the Fire and Police Commission in its order no. 8782, dated February 29^th 1984. The commission also doled out a three day suspension for Clarke, commencing May 8^th, 1984. He was then sent back to the Police Academy on May 11^th, 1984, for “training following period of susp[ension].”

This move would have embarrassed many other officers, who might have resigned, but not the dauntless, gun-loving former Burger King Assistant Manager and truck driver for Federal Distributing, who was then assigned to the early shift at the Fourth District on May 25^th 1984.

HEGERTY ON “TRUTHFULNESS”

Perhaps the most damaging element of the charges against Clarke was the “untruthfulness” allegation.

As now-chief Nanette Hegerty said about her firing of the officers involved in the Frank Jude, Jr. beating case, “any officer found guilty of untruthfulness has no place in the police department because they have no credibility.” Now there’s some food for thought. Clarke’s “Hard Card,” as the information record is known, shows that Clarke took unpaid general leave of absence through 3/25/03 on March 25^th, 2002, when he was appointed sheriff by then-governor Scott McCallum. These leaves were extended annually through March 25^th 2006. It is unclear if Clarke failed to extend his leave when it expired this year, or if the record has not been updated. It appears that officers who take leave to hold elected office have the right to return.

The 1983 case was not the first demerit on Clarke’s “Milwaukee Police Department – Information Record” (Form P-M5).

On December 11^th, 1980, Clarke was suspended without pay for five days under Order No. 8121, Charge No. 2419, when he was alleged to have failed to obey a lawful order emanating from a superior officer and “idling or loafing while on duty.”

Clarke didn’t loaf once those charges were announced, but appealed them before a grievance arbitrator, and was found not guilty of idling or loafing, but guilty of failing to obey the lawful order of his superior officer. He received a disciplinary warning, but got his 5 days of service and pay restored.

CLARKE’S WEAPONS ARREST

Clarke, who was married on March 28^th 1979 and divorced in May, 1980, did receive two meritorious mentions during his career, one for a rape investigation on July 10^th 1981, and another for a case involving a stolen car in 1990. (By contrast, Vince Bobot, Clarke’s opponent in the sheriff’s race, has a score of meritorious mentions on his account.)

Clarke has been criticized for his cavalier attitude toward weaponry, and milwaukeeworld will here add a third instance to the two already publicly known.

Clarke was famously photographed wearing his gun into the jail when he was escorting a fugitive into the slammer during one of his frequent publicity stunts, and this year Clarke wore his piece while bartending at an event for the Hispanic Chamber of Commerce.

On October 21, 1975, the Milwaukee Police Department arrested David Alexander Clarke, Jr., D.O.B. August 21^st 1956, on one count of “Reckless Use Weapon 941.20” Back then, to be charged with a reckless use of a weapon, one actually had to have pointed the weapon at another individual, which seems to heighten the severity of the allegations.

Clarke was ultimately not prosecuted, and this remains his only arrest on criminal charges, according to the Department of Justice Crime Information Bureau (C.I.B.) records, which you should be able to access by entering Result Number1893861801218663 here. However, the C.I.B. cautions that “This response may not show all arrests for this individual however all information provided to the state repository is included in this response.”

--Michael Horne

What’s your take? Write horne@milwaukeeworld.com