Secret home for Staskal?

By MIKE DUPRE'   Tuesday, June 24, 2008
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Mark Staskal who killed his sister but was found not guilty by reason of mental illness sits in on his final hearing on his placement in a group home.

Mark Staskal who killed his sister but was found not guilty by reason of mental illness sits in on his final hearing on his placement in a group home.

— The state Department of Health and Family Services wants Rock County Judge Michael Byron to approve a conditional release plan for Mark Staskal without the judge or the public knowing exactly where Staskal will live.

The department apparently has not yet found a new home for Staskal, but it wants the judge to OK the plan without a specific placement.

The Janesville Gazette obtained information that the department’s proposed and confidential “final conditional release treatment plan” calls for a community placement in Dane County with no specific address listed and no specific housing provider named.

Staskal, 44, a former Milton resident, killed his younger sister, Marcy, in their Milton hone in 1984. Found not guilty by reason of mental disease, he was sent to Mendota Mental Health Institute in Madison.

But in 2007 Byron ordered him released conditionally.

Contacted by the Gazette, Marc McCrory—attorney for Staskals’ parents, Redgie and Melly Staskal—said:

“What I will tell Judge Byron is that this is an unconstitutional power grab by the Department of Health and Family Services to escape the role of the judiciary to approve these plans.

“The plan is set up to avoid public input. This is an attempt to get around government sunshine. We need notice.”

The law says the judge must notify the county sheriff and municipal police of such conditional releases, McCrory said, adding:

“You can’t notify the municipal police if you don’t know the municipality.”

Staskal’s attorney, Phillip Brehm of Janesville, said he did not know whether the law allows for an open-ended conditional release plan.

“My gut feeling is that (based on) the way the court responded previously, he (Byron) might not feel it necessary to have the concrete place, the actual place, designated,” Brehm said.

As for not notifying police, Brehm said the court could quietly notify authorities when a place for Staskal is found.

The Rock County District Attorney’s Office, which has argued against Staskal’s conditional release, declined to comment.

Staskal is due in court Wednesday, July 2.

Byron ordered Staskal’s conditional release in January 2007 despite the objections of his parents and psychiatric opinions that were divided on whether he should be returned to the community.

Staskal’s parents fear their son will kill again if released to a group home. They think Mendota’s environment—safe, secure, structured and professionally staffed and supervised—is best for their son.

Nevertheless, Byron ordered the health and family services department to develop a conditional release plan. One placement and another proposed placement have failed.

The first placement was to a group home in Eau Claire.

The Eau Claire group home didn’t work out for Staskal because he started having violent daydreams that his conditional-release team thought were caused by stress.

The team thought the daydreams could indicate that his mental condition was deteriorating.

Staskal did not break any rules or act out while he was in Eau Claire. He has lived at Mendota under minimum or super-minimum security for years and has complied with the mental hospital’s rules, according to court testimony.

But the daily psychiatric contact that his conditional-release team thought was necessary was not available to him in Eau Claire because he was not a voluntary resident there.

After the failure in Eau Claire, the health and family services department asked Byron to rescind his conditional-release order.

The department had tried 16 other group homes or facilities, but they all rejected Staskal, saying that he was either too big a risk or they did not have the appropriate treatment or expertise to accept him.

Byron did not relent.

He ordered Staskal returned to Mendota while another plan was developed and another placement found.

The health and family services department found a group home in Madison that was willing to take Staskal. But when the media reported the home’s address, neighbors and the public in general erupted in concern and protest, and the operator of the Madison group home backed out.

According to the latest plan, Staskal would continue to live at Mendota until the department finds a new home for him in Dane County.

When Byron OK’d the second placement, he said: “Mental-health issues are not like a common cold that can be cured overnight. There’s always a risk.”

He also noted that lawmakers and other, higher courts have decided that preserving or restoring a mentally ill person’s liberty justifies the risk to the person and the community.

The law doesn’t allow the court, lawyers or relatives to micromanage conditional-release plans, Byron said at the time.

reader COMMENTS
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(41)
soside4life
Jul 4, 2008 at 11:57 p.m.
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Judge Byron is setting his OWN LAW, w/ this case!! (Have you, JohnDoe, followed this travesty from the start?....PROBABLY NOT!) And now I will "quote" your..."It's called putting the cart before the horse."...Just for YOU, JD! :):):)

Now, THAT'S ALL! ;)

JohnDoe
Jun 30, 2008 at 9:22 a.m.
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The literacy reference was in regards to the comments about Byron's PAST rulings (based on law, not emotion) and apparently not understanding that the main point here concerns a POSSIBLE request by DHFS. Point being, based on THIS article people are jumping to conclusions before such a request is even made. It's called putting the cart before the horse.
That's all.

soside4life
Jun 30, 2008 at 1:01 a.m.
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THIS request perhaps, JohnDoe (~WELCOME NEW JUDGE!~)...OTHERS were ALL based on Byron's rulings!! <...YES, I understand the whole "parole" issue, persay, (blah, blah, blah! lol! :) in OTHER terms! lol! :) ..."Legally bound"??!...WHATEVER!! :( > WHAT DON'T YOU UNDERSTAND, JD??!...ABOUT THE STASKAL ISSUE?!!!! My last post was NOT about the "flood issue"! <You made alittle sense about that one, for which I agreed. ;)> My last post was actually a "diss" on your opinion/statements about this case..for WHICH YOU'VE NEVER "REALLY" ELABORATED ON...!! (Just "judged" others literacy...) PLEASE DO SO now!! :)

JohnDoe
Jun 30, 2008 at 12:22 a.m.
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What is it you don't understand here soso?
My comments previously were in regards to this article only.
It's the DHFS that is making this request.
Judge Byron has not even ruled on it yet.
.

His past rulings were based on law...that silly little thing that gets in the way of clouded thinking by armchair lawyers.

soside4life
Jun 30, 2008 at midnight
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THAT'S ;) what I THOUGHT!!...

soside4life
Jun 28, 2008 at 12:25 a.m.
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"Staskal, 44, a former Milton resident, killed his younger sister, Marcy, in their Milton hone in 1984. Found not guilty by reason of mental disease, he was sent to Mendota Mental Health Institute in Madison.

But in 2007 Byron ordered him released conditionally."

THIS WAS ALL JUDGE BYRON'S DOING!! HE STARTED EVERYTHING!! What DON'T you, JohnDoe & janesvillean, seem NOT TO UNDERSTAND....?!!!

Yes, PLEASE (!!)...BRING IN A NEW "JUDGE"!! ~WELCOME!~ :) :) :)

Re: LITERACY??! <CHECK YOURSELF!! :)>

amallama
Jun 27, 2008 at 9:16 a.m.
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He should move into the judge's neighborhood if he is so "safe". Judge can entertain that thought!

scottysgirl05
Jun 25, 2008 at 2:47 p.m.
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I was just reading on channel 3 news site that the state is going to notify the local sheriff department when they move him into a new residence. So if it's the media attention that they are worried about isn't it going to do the same thing because the local police would still have to notify the neighbors, just like they do with a sex offender.

wiskitty
Jun 24, 2008 at 10:40 p.m.
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Ok, so once again the one who did the crime gets all the rights! What a great message this sends to our kids. The laws that are making this happen, as usual, were not well thought out. They were enacted to get people out of institutions that were basically just being warehoused...they just didn't address the criminal side of the coin...so here we are with what I see as a very dangerous situation about to happen. I owned group homes for 5 years and went to Mendota many times to interview prospective clients. I turned many down because of just this risk. The research that has been done on the criminally insane shows that rehab is next to nil. This guys own parents are afraid to have him out, that should tell them a lot! Not all mentally ill people are able to, nor shold they, live back in society. Society is a stressful place. The article states that under stress he already suffered violent daydreams...not a good sign! Hello, DHFS...DUH! If the psychiatrists are that torn about him, I see another red flag. Until they find a way to repair the brain chemicals that are not right with these mentally ill patients that have committed violent crimes, I don't think it is safe for them to be out in the community. I know I wouldn't have taken him in my group homes! HUGE RISK! Shame on our government...AGAIN!

digitalodonata
Jun 24, 2008 at 10:22 p.m.
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if he is released into the community with his wearabouts unknown.. i fear for the saftey of myself and anyone else that may come in contact with him in the community.

releasing someone who spent so long in a psychiatric hospital, whom is obviously a very mental ill person, the change could bring forth some bad behaivor.

i pray for the saftey of the community if this person is released without proper supervision.

ms_sassy_wi
Jun 24, 2008 at 9:16 p.m.
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I agree, it is the STATE who is failing miserably in protecting the citizens of this state...by attempting to release a dangerous, potentially re-offending killer into an UNKNOWN community. That is NOT the way to keep property owners, tax payers and hard-working people safe in Wisconsin. It's an outrageous recommendation from Department of Health and Family Services...the very agency who is RESPONSIBLE for keeping potentially dangerous people OUT of the community. It is without question one of the most disturbing attempts I have seen from a "social agency" whose mission is "committed to protect our children and our society".

Aren't they the same people who tell us not to spank our children? Interesting.

JohnDoe
Jun 24, 2008 at 7:26 p.m.
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janesvillean....seems to be one of the few literate ones on this post.
Most of the others are going off half-cocked against judge Byron, without having a clue.
.
Re-read the article folks. And if you need help, please ask someone to read it to you...SLOWLY.

momof5
Jun 24, 2008 at 7:18 p.m.
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I don't think it's Judge Byron who should be being asked to open up his guest bedroom. How about the DFHS people who even suggested this bird brained idea??!!

JasonTh
Jun 24, 2008 at 7:05 p.m.
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Oh gee...what could possibly go wrong?

whoknows
Jun 24, 2008 at 6:04 p.m.
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I knew Marcy and that was a horrible time for her friends and family. So obviously Mark thinks he is cured and now knows right from wrong, therefore he can carry out the rest of his sentence in prison with the rest of the murderers etc. If he was having problems in LaCrosse how can he be sure he wont anywhere else. Sounds to me like he is saying and doing what that want to hear so he can get out and do this again. Maybe Judge Byron can sleep better knowing that Marcy's poor parents will worry for the rest of their lives about Mark being out. Does he not remember Mark wanted to go after them as well?

janesvillean
Jun 24, 2008 at 5:57 p.m.
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Nobody seems to realize that this is not something Byron thought up and a new judge will be faced with the very same problem.
.
Staskal HAS TO be released under state law. They held a hearing on his mental condition and he was found ready for conditional release. The release must occur, or a new hearing will have to take place, that recommits him to custody.
.
Byron has been protecting the public by insisting that the state come up with a workable plan for his release to a civilian facility, and has taken him out of a situation where he did not have enough supervision.
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A new judge will have to evaluate the plans using the same criteria.

moby6400
Jun 24, 2008 at 5:39 p.m.
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It will only be a secret until he kills someone else,,,

ms_sassy_wi
Jun 24, 2008 at 5:35 p.m.
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maybe we can stall this from getting into court until after Aug. 16. Byron is retiring Aug. 15. Perhaps he will have enough time on his hands during retirement and a spare bedroom in his home to provide the 24/7/365 care necessary for Mark.

Here's the article link: http://www.gazettextra.com/news/2008/feb...

I am overwhelmed by the state's neglect of protecting the citizens of this state!

Maybe not overwhelmed as much as DISAPPOINTED. There is a good place for Mark Staskal and he is there already. LEAVE HIM AT MENDOTA WHERE HE HAS ADJUSTED APPROPRIATELY, seemingly.

prevention
Jun 24, 2008 at 2:02 p.m.
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I do not know the family, I was not living in the area when this happened. As I understand from articles and the responses, this release into society is an absolute NO-NO.

If he is as bad off as everyone (especially including his own parents!!) says, keep him where everyone is safe and they can place restraints on him if needed.

I believe in allowing those with mental illness and disabilities to be allowed to live within a community, but this appears to NOT be an option for him.

My thoughts and prayers are with all of us... especially the judge who believes it to be micro-management rather than safety.

mytake4u
Jun 24, 2008 at 1:45 p.m.
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look at those eyes. if that's not evil then there is no evil. it may just be my imagination but it looks like an animal that is ready to pounce on it's next prey!

nurse4u
Jun 24, 2008 at 1:40 p.m.
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It seems that Mr. Staskal has adjusted to life at Mendota. He requires daily treatment that is not available to him in the community. Mental illness has a wide variety of spectrums, and Mr. Staskal has reacted violentely in the past. Unfournately, his sister was murdered. It may be in his best intrest as well as the community's best intrest to have him to continue to reside at Mendota.

lovinmyfamily
Jun 24, 2008 at 12:39 p.m.
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Absolutely Unbelievable!! How can this happen. Even his family wants him to stay at Mendota. What is the state thinking and WHY WHY WHY?!

chelleandlou
Jun 24, 2008 at 12:12 p.m.
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Has the State lost its freakin mind!!! This guy murdered his sister; sane or not he's still a threat to society. I personally would want to know if he was living next door!

whybesad
Jun 24, 2008 at 12:02 p.m.
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Unbelievable!!! They are MORONS to think this is a good idea. What's wrong with keeping him safe in the hospital where he was sentenced to?

peacegirl
Jun 24, 2008 at 11:53 a.m.
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I AGREE WITH BALANCEPOINT TOTALLY! I HOPE BYRON HAS AN OPEN "GUEST" BEDROOM! SWEET DREAMS MR BRYON

peacegirl
Jun 24, 2008 at 11:52 a.m.
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I DON'T BELIEVE THIS SOCIETY! THE COURT HAS BECOME JUST AS CORRUPT AND VILE! WHY DON'T WE SECRETLY RELEASE A CHILD MOLESTER BACK INTO THE COMMUNITY AS A SCHOOL TEACHER,BUT (SHHHHH) DON'T TELL ANYONE! IDIOTS I TELL YOU! IDIOTS! OR HOW ABOUT LETTING GO A COP KILLER AND SECRETLY GIVING HIM A JOB AS A STATE TROOPER! WOW! WHAT A BUNCH OF LOSERS!

momof5
Jun 24, 2008 at 11:42 a.m.
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I hope the DHFS and Judge Byron (if he agrees to this abuse of power) have a strong legal team lined up for WHEN (not if) Staskal claims his next victim. Sounds to me DHFS wants to wash their hands of this and because other attempts have been met by road blocks, they feel this is a sure fire way to get what THEY want.
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Even though it will be private and confidential, can the new "home" refuse to take him? (like the one in Madison did).

brightjade
Jun 24, 2008 at 11:30 a.m.
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These people need to be placed way away from
the rest of the community ..Like isolated country sides. We have plenty of them up north
let use some of them for a change...instead of such populated areas with so many children..to temp them again and again...

usr
Jun 24, 2008 at 11:25 a.m.
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You would think for the respect of the community that they would let us know where he is going. Also considering one place kicked him out already and 16 other places said no they would get the hint that people don't feel safe letting him out.

BalancePoint
Jun 24, 2008 at 11:04 a.m.
Suggest removal

I think Staskal should be placed in Byron's home. What ever happened to common sense? Precaution? If the guy's own parents don't want him released, why would a judge go against that? This judge has obviously lost his ability to logically judge a situation, and to protect the people in our communities. If Byron wants Staskal released, let Byron provide housing for this guy in his own home.

lvbald537
Jun 24, 2008 at 10:14 a.m.
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Let's all remember this when Judge Byron comes up for re-election. Does anyone know when that is?

danias
Jun 24, 2008 at 9:55 a.m.
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Ok he started having violent nightmares isn't that a good key not to let him back out. Gee we need to have another murder back out on the streets to kill again what is going on with the system. We should all have the right to know when a murderer, rapist, etc, is coming into are neighborhoods. It's sad when his own parents are scared that he is getting out, I hope and pray this judge doesn't give in!!!

doc0430
Jun 24, 2008 at 9:50 a.m.
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This can't be for real, Don't tell the innocent people (that could be his next victims) where he is going to be! As far as the last place goes, I think the Gazette needs to be A bit more informative here, The group home in Madison backed out when they found out what A threat he was and the community out cry was because the home was located very close to A school! I still say if Mark is no longer insane then he should serve the rest of his life in prison!!!!! I still carry A picture of Marcy and I just wonder if judge Byron would rule the same if he would have went thru the same thing as I and all of Marcys other friends did at our young age!!!! It still seems like yesterday that Marcy and about 15 of us where all at Happy Joes after skating on A saturday night only to have her not show up the next saturday and then we got the call that changed everything forever..... It was about 11:00PM and someone called to tell us Marcy had been killed by her brother! Now Judge Byron I have to ask you, if you were 15 years old and this happened to someone that near to your heart would you still feal so compealed to get rid of this guy (A Killer)to the next taker? I myself don't think we need to play hide and go seek with A crazy pearson..... Or Judge Byron is this Hide and Go Hide Some More!!!!!!!!!!!!!? If you want him out so bad, move him in with YOU!

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