Staskal move raises concern
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Mark Staskal
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Michael Hertting
JANESVILLE — The principal of an elementary school neighboring the adult group home in Madison where Mark Staskal will live expressed concern Tuesday to the judge who ordered Staskal’s conditional release.
Michael Hertting, principal of Lapham Elementary School, 1045 E. Dayton St., did not mention a specific worry to Judge Michael Byron, but Hertting said:
“I am concerned about our children at Lapham as well as being concerned for the students at the alternative high school. … Any principal would advocate for the safety of his students.”
Hertting was the only member of the public to address the court. The alternative high school to which he referred is on the third floor of the Lapham building. Lapham is a primary school for kindergarten through second grade.
Staskal, 44, stabbed his younger sister, Marcy, to death in their Milton home in 1984. He was found not guilty of Marcy’s murder by reason of mental disease.
Byron approved Staskal’s conditional-release plan despite Hertting’s concerns and those raised by assistant district attorney Ray Jablonski and attorney Marc McCrory, who represented Staskal’s parents, Redgie and Melly Staskal of Milton.
While they expressed concerns, none cited any deficiencies in the plan developed under the auspices of the Wisconsin Department of Health and Family Services, the judge said.
“I can’t think of a more appropriate plan,” Byron said
Staskal is anticipated to move to Brighter Life Living, 924 E. Mifflin St., Madison, within two weeks.
Brighter Life Living is supposed to provide at least one staff member for every three residents around the clock, according to the plan.
The home is licensed for four residents and now has three, according to court testimony.
The two-week delay is necessary to hire additional staff and train them to deal with Staskal’s specific needs, Glenn Larson, the state’s conditional-release program manager, told the court.
Except for a brief stay at a group home in Eau Claire late last year, Staskal has lived at Mendota Mental Health Institute in Madison since his trial.
Byron ordered Staskal’s conditional release in January 2007, but it took months to find a group home willing to accept Staskal.
Staskal lived in Eau Claire for only a matter of days.
He started having violent daydreams that his conditional-release team thought were triggered by stress and could indicate that his mental condition was worsening.
In December, the state asked Byron to revoke the release order because daily psychiatric contact was not available to Staskal in Eau Claire.
But the judge stood firm.
He ordered Staskal returned to Mendota while another plan was developed and another placement found.
Byron noted that Staskal has been living at Mendota without problems under less restrictive conditions than those supposed to be in place at Brighter Life Living.
“Mental-health issues are not like a common cold that can be cured overnight,” Byron said. “There’s always a risk.”
But the judge 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.
Byron expressed confidence in the plan and in the Department of Health and Family Services to monitor how Staskal responds.
Much of the treatment now available to Staskal at Mendota will continue to be available, Byron said.
The law doesn’t allow the court, lawyers or relatives to micromanage conditional-release plans, the judge added.
May 15, 2008 at 9:51 p.m.
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Upon reading articles in several newspapers, it does not sound like the new group home/facility has the required number of staff employees that are CERTIFIED to care for the residents. It sounds like they plan on hiring more staff but when will that be and what would be done in the meantime?When would they get the training for this specific residence and the needs of all the residents that live there? It does not seem like it would be a safe environment for the current residents,staff members and the community.
May 15, 2008 at 12:45 p.m.
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Madison.com reports that Staskal will not be released to this home.
May 15, 2008 at 9:45 a.m.
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Actually Rusty, the witness that saw the suspect that killed Joe Marino called the police a month later when he saw the suspect walking down the street.
The police never sent a squad.
They also did not want to talk the Joe's grandmother, who was ON THE PHONE with him when the murderer entered the home.
In both cases of Brittany and Joe people have been trying to give the police solid leads, and have been rebuffed. The families are angry for a reason.
Don;t forget Amos Mortier... the parents are largely doing the investigation now. That's another family that is angry with how the dept is handling (or not handling) the case.
May 15, 2008 at 9:31 a.m.
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unknown: 1st of all, it was NOT the city of Madison who goofed up, it was a single worker in the call centre. Having said that, the subject here is Staskal & NOTHING was said to judge you or your family so cool your jets!
May 14, 2008 at 11:22 p.m.
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Wow... hire new staff and take two weeks to train them to handle this man??? That is ridiculous and unsafe for the community as well as the staff member and other members of the house.
If he had horrible daydreams in the last facility, what makes this judge think a different facility will change that?
In my opinion, there shouldn't even be question as to whether he's let out of Mendota or not. He needs to stay where he is at!
May 14, 2008 at 9:35 p.m.
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Rims, do not be so judgemental about the cousin of unknown. Until you have lived through a horrific murder, you have no right to judge someone and how many times they mention it. No one ever forgets or is the same when their life is touched by such a loss.
May 14, 2008 at 6:46 p.m.
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To unknown how often are you going to find it necessary to bring up your cousin?
It is tragic what happened to her.
But they are not the same case.
Quit looking for attention.
This is like what the third time you have mentioned it on the gazette site.
tragic but don't try to use it to get attention.
May 14, 2008 at 3:57 p.m.
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I can site legal websites also - not too hard. I can also research and site numerous cases where mental patients cannot function outside of their sheltered environment. This is especially true when one has spent as much time "in their own little world" as Mark has. The Judge has discretion if he believes the murderer is a danger to the community. Mark did not adjust to time away from Mendota in the past and has not shown remorse. He is a time bomb. The press should also report that a prominent top 50 doctor wanted to treat him right here in Rock County. Do you think that appropriate for friends and family.
May 14, 2008 at 12:27 p.m.
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The judge is required to release Staskal under state law once an appropriate conditional release and treatment plan is presented.
http://nxt.legis.state.wi.us/nxt/gateway...
May 14, 2008 at 12:24 p.m.
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Perhaps its because Judge Byron is retiring in August that he made such frightening ruling. He won't be on the bench or the area when the madness starts.
May 14, 2008 at 10:38 a.m.
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What's your point. Judges always put and/or keep criminals in the community that reoffend. This isn't anything new. I have to laugh because people always say they are going to hold a judge accountable, but no one ever pays attention to judicial races. Everyone is more concerned about who is running for city council etc. Judges in this county run unopposed all the time. To Judge Byron's defense. He is bound fairly strictly by the law. Educate yourself about the law sometime.
May 14, 2008 at 10:03 a.m.
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If anything bad happens, the judge should be held responsible!
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