The habitual criminal doing the sueing in this case will be exactly what he was before the trial started -a loser.

Don't you just love our "judicial system"? Once again victims become victims a second time because someone who was doing something illegal can turn around and sue.

Right with intheloop. If you HAVE to use deadly force against an intruder, shoot to kill. Double tap center mass with hollow points usually gets the job done. 12ga works best with minimal over penetration to walls.

WI really needs to adapt to the Castle Doctrine similar to Texas. Someone breaks into someone elses home, all bets are off against the intruder.

what is andreah briarmoon's anonymous name on these postings? which one are you?

This trial will be quite interesting ..... but I feel very bad for the Rainiero family having to relive the details, emotionally going through the story again - not to mention just the time & attention to it and related pain in the neck...... Hey isn't Dr. Raniero a surgeon? What a waste of time. He could be saving someone's life...instead, he'll be stuck in a courtroom for no apparent reason. That's just wrong. Prochaska, I hope you go down hard and hit at the bottom with the same force that you hit Dr. R's living room floor.

Shame on the lawyer who represents the creep on his injury suit! What a waste of the tax payers money. It's too bad he wasn't shot dead, but then of course his family would come after the doctor, cuz he MUST have money right? What is this world coming to? Sue someone because you are a loser!?

Hannah, yes, briarmoon is related to him, from what I have read in the posts.

The good doctor should have aimed better to eliminate the threat. If someone even attempts to break in to my house, I will/would empty the clip of my 9 mm and grab another fully loaded clip for good measures. No questions asked.

The guy might have some cash somewhere. I like that State Farm is going after this clown. I still can't believe that this is even going to go to court. I hope I get picked for that jury.

That's not the only thing stupid about our system.

This guy hasn't got a pot to pea in and he isn't likely to get one in prison. So you can sue, you can win a judgement against someone but it doesn't mean you'll ever collect a penny.

What's stupid is that our system allows criminals to file lawsuits against their victims.

hannah's always on target.

We better study those candidates for council.

hannah said: "nice smug look on his face- like "cant touch me" a no remorce look i would say"

Blatantly arrogant even...wait did I just agree with hannah? Oh god, somebody please check to see if the sky is falling. Just kidding hannah, I couldn't resist.

You know all of these bogus lawsuits bring me to one conclusion, if your going to pull that trigger; shoot to "end", not to wound. It's really sad that we have allowed that to happen. Used to be you could remove a threat without necessarily taking a life...so much for trying to be a good person and just dumping a couple .22 rounds in the chumps leg or arm to stop them. Seems like now we are being encouraged to just empty the whole magazine into his face...pathetic! Oh, and to be on the safe side we'd better substitute the .22 for a .45, or at least a .357. Is it just me or is there something seriously wrong with this whole lawsuit situation.

screamen_harley is definatly related to andrea!!!i am sure you too knew it was wrong to do whatever you did the first time to get you locked up and nobody else but you. cry all you want it is only your own fault just like carriage barn- she had her chance to fix it in the beginning but didnt!!! her brother cry bla bla it is your own fault too

why would you break through a roof looking for a bathroom. everyone knows he was there looking for drugs.

screamen_harley...

The SYSTEM failed him? Oh please. He is a grown up. He is responsible for his own actions. It's attitudes like yours that perpetuate the 'victim mentality'.
"I came from a broken home, my parents beat me, so I am not responsible for my behavior".
That's a pathetic excuse. While I understand why you feel the need to 'support' your family, I honestly can't believe, unless he is seriously mentally challenged, that he cannot be held responsible.

I can guarantee if this person entered MY house, with MY babies inside, the coroner would have been notified.

What about Dommershausen for council?

e-wife, that lawyer will be collecting 30% of nothing.

Even if he wasn't going toward other members of the family, the back shot wouldn't help his case because of the state of mind he put the doctor in.

intheloop, I suspect that if the criminal was sent to the great beyond, there'd be at least a few survivors who would attempt an unlawful death suit.

If you are ever put in the position where you have to shoot somebody to protect yourself and/or others, it will almost always be in your best interest to ensure that they will not be around later(unless certain laws change) to protect yourself from some of the lawsuits that that you may be subject to. This sounds cold-hearted but the way our legal system works it is the truth. Reminds me of the guy who put a board with nails sticking up under his window(inside) of his vacation home that kept getting burglarized. He ended up with a criminal charge after the burglar stepped on the board after breaking in and became disabled.

gazettefan: Sorry, I should have said "contingency fee." Prochaska's lawyer is going for the 30% of the doctor's homeowner's liability policy payout.
Although, I have to admit, how the Fudge you prove someone's negligence to your safety while you're illegally dancing on their roof is beyond me. Also, it's clear in police reports that Prochaska was heading towards the doctor's family when he was shot. Not out the door, not asking directions to the pot, but to vulnerable family members.
I hope the lawyer that took this case gets HIS house broken into and sued.

my vote, mark,ellingson and yuri guy

Not only should he have to pay for the damage to the house, he should have to pay for the bullet to. There not free you know.

Speaking of the council race: With so many unknown candidates, name recognition may cause a fringe candidate to be elected.

We should carefully study the platform and character of all of them.

nice smug look on his face- like "cant touch me" a no remorce look i would say

wisconsinheat- it is gazettefans option to bring this up. now that we know who the sister is she is also a trouble maker and has been arrestred and thinks for some reason people like and respect her for it and is running for city council. i listened to part of her words and she even said this is the 4th time running for city council. GET A CLUE AND GIVE IT UP

screamin_harley- i am tired of people BLAMMING others for their revistitation to the crime world. it is nobodys fault but their own. get help and stay out of troulbe and stop blamming the COMMUNITY for your crimes. the comminity didnt tell him to go to the roof to break in or use a pee plea haha

Who says we dont need tort reform? Prochaska's attorney should be ashamed. You can bet that Prochaska's attorney is not billing per hour with this case. A frivolous lawsuit.

I wonder if the attorney would be quick represent a criminal who broke into his/her house if that criminal was injured in the commission of a burglary at his/her house?

i got it even befroe I saw the carriage house himt. i am suprised we didnt hear from her about "HIS RIGHTS" maybe he should have gone to the carriage house to pee!!!!

is it Andrea briarmoon??

That's OK, Hannah, it's not important.

gazette fan- i do not know who his sister is. the last name is familiar to em though

e-wife, what is the "commision" re: this suit?

heh. Doesn't pay to keep homeowner's liability insurance anymore. Lawyers sniff out where the money is, and that' insurance companies. This guy's two bits lawyer is just going for the commission- if this doctor hadnt paid his premuims and this was going to involve depositions, hearing, motions, and a jury trial all on the lawyer's dime (cuz Prochaska isn't gonna drum up a retainer) There wouldn't be an attorney who would talk to him.
And yes, the only tragedy here is that Prochaska is still here to suck up tax dollars and commit more crimes when he gets out.

Hahaha! What the heck! I would def. Sue the home owner if I was breaking into somebodys home, simply because our justice system would allow me too...thumbs up thought to the doctor for the shot. Don't find it shocking that a Dr. Got away with it under self defense, I'm curious if say someone living in the fourth ward would get off the hook the same way...
By the way this is NOT Tom Nimmo! THANK GOD! :)

luvujvl. Re-read my earlier post. What I was saying is exactly that. HE is the one being sued, and you can't get money (blood) out of him (a turnip)when the judgement is against HIM. DUH!

And yes I realize HE has a suit against the Dr. read my previous post. DUH!

You are giving him more credit than he deserves. He was drunk and stupid. He no more planned that out then 95% of the other idiots out there.

But - don't forget - at the same time, there is another lawsuit coming from the criminal, suing the Doctor as well at the same time, for bogus claims. (See paragraph one of this story.) Only because the Doctor's turnip is surely quite a lot larger than the criminal's turnip. Which might have something to do with the fact that he chose the Doctor's house to invade that night in the first place, (DUH !!!!), instead of your house or mine. (Whose turnips are probably substantially smaller.) In my opinion, he knew exactly what he was doing, and he knew that this was a residence of an upstanding and wealthy member of the community, who would most likely have something easy to steal. How hard is that to figure out. Batten down your hatches for sure, if you live on the west side anywhere near the Country Club I hope your doors are locked and your cell phones are charged up.

One word: TRASH

But, this lawsuit is AGAINST Prochaska. Even when it's said and done, you can't get blood out of a turnip.

So with this judgement going against him (eventually) when he gets out of prison he'll probably just go out and do the same thing to pay off his obligations to society.

So when his release date gets near, batten down your hatches.

And if anyone believes "he was trying to get into the house to use the bathroom." I'm sure they will also believe all of the claims in his lawsuit.

Especially when the victim's house was ajacent to a wooded area.

Perhaps some of his "pain and suffering" was caused when he fell through the ceiling and landed on their floor ?!? That wouldn't have happened if he had taken the time to look for an alternative bathroom.......

True, I can't find this idea that bad luck and "society" causes someone to behave in an anti-social, terroristic way, period -especially after more than 35 years of the opportunity to learn what is right and what is wrong.

It's been fun. Now I guess we better get back on track.

Damn, wisconsinheat, you got me again!!!

Case in point!

Now go watch the game and root for the Pats.

Keep trying, pal, you'll get there.

LOL I'll try. But I guess THIS post just blew it.

wisconsinheat, I'm not perfect at staying on point but I'm pretty good at it. You could have set a good example here by staying on point but you didn't.

Boy, would I like to be on this jury. I can imagine that deliberations would last at least 2 minutes.

I think Prochaska should pay for the damage he did, he should have to pay for Rainiero's lawyer who defended him against the stupid lawsuit filed by Prochaska and he should feel pain and suffering for the rest of his life. Maybe it'll make him think twice about burglarizing someone's house again...apparently he hadn't learned before. This guy is a grown man in a country where you can have anything...if you work for it, not steal it. Break into my house and you will not walk out and you will not sue me and I will not feel bad for you. I'd still rather go through the hassle Dr. Rainiero has had to go through than risk some piece of crap killing me in my own home.

Couple of points here.
brwerfan75 commented "What the heck is this world coming to??"
This isn't anything new. Anyone can sue anyone for anything. Whether or not they are successful is another thing. But hey, if there's a possible buck to be made, a lawyer will be waiting in the wings.

There is a law about "frivolous" lawsuits but a judge must rule as such, then the plaintiff can be ordered to pay defense costs. But you can't get blood out of a turnip.

As far as gazettefan bringing up Prochaska's sister, even though she has nothing to do with this case, all you have to do is read some of his posts in other threads to see that he has a tendency to spin off topic, especially when he is having trouble successfully defending his positions.

I say you did the crime you do the time!!! He's a very lucky man to be alive, he would have never made it out alive had it been my house.
He's a loser and he was a grown man and he knew what he was doing, i say to Dr R. good for you and i hope you and your family never have to go through this again.
To the loser, i hope you lose in court, and stay in jail for a long time.

Sorry, harley - it is hard to have sympathy for the guy. Sounds like you have turned yourself around and that is great. And I'm sure we all hope that he will be able to do the same. But he needs to be held accountable for his actions. Of course the blame is going to be pushed on him - it's his fault and his alone.

screaming_harley, I admire your great act of redemption. But, in a way, you are selling yourself short by attributing your turn-around to the luck of happenstance and having certain people in your life. I'd say your redemption says everything about your character.

Your uncle was in his late 30s during the incident. It's hard to believe that after all those years he is where he is now because of bad luck and problems with society.

I believe the rage stated in this blog is justified and at the same time I admire what you've accomplished.

His family dont matter. He happens to be my uncle. My aunt went through a thing with the city and stood up for what she believed in. If more people would do that we the people might have more of a say in this world. Kurt made a mistake which he is paying for as we speak and will pay his debt back to society for a long time. He has been in and out for awhile now. Have you ever thought maybe the system failed him? You get released and do have a place to go but the parole office?? Come on people stop pushing blame on all the people that make mistakes and are doing crimes to try and survive. I dont agree with him filling a lawsuit. Honestly, I would of killed someone if they were in my house. This is 2008, McDonalds gets sued for offering supersize. I spent some time in prison myself. I got out and had nothing. I went right back to the same things I was doing before I went in. After being released the second time, I had people who cared. I had a parole officer who cared about me making it not putting me back in the slammer. I'm now a very very succesful member of my community. I have not made a trip back. I was helped out. When its all you know, its all you know. It takes people showing you there is another life out there besides the one your living. I really hope when he is released he will have the tools and the people in place to help him make it. I will be there for him and will help him out the best I can. Unfortualtly, society wont be. It's easier to lock someone up then it is to give them the tools they need to succeed.

For the person who asked -- in an earlier article ( http://www.gazetteextra.com/prochaska061... ) about this lawsuit, it says "Prochaska's attorney, James McCann of Milwaukee". I wonder if the doctor can sue the burglar for harrassment, too?

Let me say one thing. If this guy had broken into my home, he would have been leaving in a hurst, not an ambulance.

Im confused as to the questions about his family? Why is it important who his sister, brother, or parents are? He, from what the gazette reported, acted alone and he is a grown man who can and should take responsibility for his own actions.

What the heck is this world coming to?? When a man breaks into a home, the homeowner puts a cap into his you know what, and the sucker sues the homeowner?? Prochska should be lucky he is still alive! Someone else may have put him into the ground. I know that is harsh but come on....You the criminal does something illegal then you sue the victim? What kinda crybaby excuse is I needed to go to the bathroom so you go into the home through the roof?? Wow what a society we are living in!

Hint to his sister: Carriage House

Who did this guy get for a lawyer? Name the other lowlife, the one who would take to court this guys claim of 'pain and suffering'.

gazettefan: You have really sparked my curiousity. Any hints as to who his sister is?

She is well known, though.

luvujvl, maybe I shouldn't say. She wasn't there.

Maybe the insurance company broke the billing down into two sections, one deductible for the crook falling through the roof, which is clearly not the doctor's fault, and the other for replacing blood-soaked carpeting, dings on the doorframes and hall walls created by the paramedics hauling the crook out of the house, etc. I can picture an insurance agent saying: "Ya know, doc, you have health insurance through the hospital, and death benefits. You didn't HAVE to shoot him just because he fell through your roof and acted irrational. I'm afraid we can't waive the failure-to-push-the-family-out-the-window-to-avoid-a-confrontation deductible."

I totally agree this guy is a creep and should pay the cost to repair the roof and maybe even pay the family for mental pain and suffering that he caused them through this whole ordeal. I have one question though. Who in the heck has a $4200 deductible on their home owners insurance? Not that the doc doesn't deserve it but that seems weird to me......

gazettefan, who is his sister? Why does that have anything to do with it? Was she there?

Part of the problem is that there is not a loser pays provision in lawsuits. If this guy knew that he would have to reimburse the doctor 100% to be freed then he would think twice before filing the frivilous lawsuit. I say if he wants to sue, great, then if he loses he puts in another 10 years no early release if he loses. Watch the suit fade off to the sunset...

Excessive force ?!? This jerk broke into the man's house and threatened his family - scared them half to death by crashing through the ceiling while they were sleeping, and now he thinks THEY are in the wrong? I think not !! Now the Rainiero family has to deal with a jury trial on top of everything else they've already gone through? What a shame.

this guy is a CREEP! how in the world do you break into someones home in the middle of the night and then sue them for shooting you? RIDICULOUS!!!! the guy should thank the Dr. for not killing him.

hannah, do you know who his sister is?

it is amazing to me how the lowlife thinks he should sue the Dr for pain and suffering- you broke in to him home and prob scared to crap out of him and his families safety. you should be shot and yes pay for the damages!!! What dope told you to use the excuse" i had to go to the bathroom. you look like somebody that would just pee on a tree to me. youre near the golfcourse use a tree. if it is number 2 you need to do use some leaves to wipe!!!! lucky you he didnt shoot you dead. or maybe lucky Dr he didnt then your lowlife family would have sued him for your loss instead of just you sueing for pain/suffering. you going to sue him for your pain and suffering your getting in prison too? cause i am sure it is his fault you fell threw his roof when you were trying to break in oh i mean use the bathroom. maybe sue him for a faulty roof or something.Most people just knock on door and use the doorbell!!! maybe you could have gone to the gas station to and asked for a key for a bathroom.