Sale of evidence prompts review of police policies
LINN TOWNSHIP — Town of Linn police are reviewing policies and giving officers weekly refreshers after the chief admitted violating the department's evidence policy by selling a lawnmower connected to a theft investigation.
Police Chief Dennis Wisniewski said he now knows it was wrong to sell the lawnmower taken as evidence almost two years ago.
"It's probably one of the worst mistakes I've ever made," he said. "It won't happen again."
The police chief originally told sheriff's investigators that his department did not have a policy addressing the disposal of items taken as evidence. But during a recent department policy review, he learned the department does, in fact, have such a policy.
Wisniewski said the situation has prompted the department to review all of its policies for improvements. He said the department also plans to discuss policies on a weekly basis to make sure staff are aware of policies they must follow.
The lawnmower was taken as evidence during a theft investigation, and Wisniewski is accused of selling it for $250 to a relative of the police officer who investigated the case.
The Walworth County Sheriff's Office received complaints about the sale.
"It looks bad," said Capt. Dana Nigbor, who investigated the police department's handling of the case. "There was a poor criminal investigation done on this case. There could have been more follow-up, and there should have been more follow-up."
Because police could not prove the person from whom they took the lawnmower was the person who stole the lawnmower, police should have given the lawnmower back, she said.
"If you can't prove the crime, you can't keep the evidence," Nigbor said. "And you certainly shouldn't have sold it."
The sheriff's office referred the case to Walworth County District Attorney Phil Koss, who decided not to pursue criminal charges.
"It does not appear that any of the acts ...were intentional or in knowing violation of any statute or policy," District Attorney Phil Koss wrote in a March 10 letter to the sheriff's office.
Although investigation into the incident was appropriate, criminal charges were not warranted, Koss wrote.
"A mere violation (of police department policy), without the requisite intent or knowledge does not constitute a crime," Koss wrote.
The Linn Town Board on March 27 suspended Wisniewski for three days without pay. He returned to work April 2.
Aug 1, 2009 at 7:26 a.m.
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Barney Fife has the answer:
http://www.youtube.com/watch_popup?v=de_...
Jul 31, 2009 at 2:43 p.m.
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Another incompetent, crooked, small-town chief -- what a surprise!
At least he wasn't installing surveillance cameras (Darien), sleeping with (several of) the staff (Beloit), spitting racial epithets and insulating himself with idiots (Town of Beloit), or underhandedly assisted in getting hired by his "consultant" friend (Milton).
Apr 13, 2009 at 2:06 p.m.
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A couple commenters mentioned the money factor -- where did the $250 paid for the lawnmower go?
According to the letter from District Attorney Phil Koss, the money was deposited into a Town of Linn account, not into the pockets of Chief Dennis Wisniewski.
Hope that helps answer some questions.
Kayla Bunge
Reporter
Apr 8, 2009 at 7:32 p.m.
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what else were they going to do with a lawn mower that had been there for two years? lol what silly things people get themselves into hot water for
Apr 8, 2009 at 6:41 p.m.
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Mandatory ethics training.
Apr 8, 2009 at 6:22 p.m.
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There is no question that if the moron didn't know his own policies that is not an excuse!!!! He should be arrested and prosecuted for possession and selling stolen property. If it was anyone else there would be no doubt it would happen. Charge and prosecute show there is no preferential treatment or there is no law or equal justice under the law!!
Apr 8, 2009 at 6:09 p.m.
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I think he should have to give the 250.00 back to the person that he confiscated the mower from..That to me would be a fair punishment.......
Apr 8, 2009 at 5:18 p.m.
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One more thing, I do have to give Chief Wisniewski some credit..He did admit what he did was wrong. most politicans or high ups in Municipalities, County, State, and US government don't have the nads to say I did it, I was wrong, he did he got his punishment...Three days off and splattered on the news Most don't get that it's all covered up.....
Apr 8, 2009 at 5:14 p.m.
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Funny isn't it that the exact people who investigated this, Walworth County, did the same thing and violated thier own policy with a county board member, Alan Polyoch a few years ago! The County has a policy and they sold a tractor to a county board member -- if you want to talk top dog shouldn't they be "top dog" in the county! And thier Captain says "it looks bad" maybe he should look in the mirror!!!!!
Apr 8, 2009 at 10:46 a.m.
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Unintentional?
C'mon people, don't we all accidentally sell things that are not ours from time to time...especially to our relatives.
Apr 7, 2009 at 9:15 p.m.
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The article does omit an explanation of who received the money.
Apr 7, 2009 at 7:50 p.m.
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Hire him for Darien Police Chief........
Apr 7, 2009 at 7:29 p.m.
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Dub190 and Chuck... exactly! No one at a state level is going to bother with small town politics. These idiots know it too. Can you imagine anyone in Madison caring that a lawn mower was illegally sold out of the evidence room? Wow! Can we say "Mayberry RFD"?
The best place to be LEGALLY crooked is in a small community. Who cares? Just the locals. No politician looking to grab a great paying political job will bother with this little crap.
We are at the idiots' mercy who are all related and infused on the small town local circuits. No way will THIS crap go away until there is a moral "bar" they have to uphold.
No one cares in a small community... and don't you DARE cross the local "families"!!! They're like hillbilly mini-mafia!!!
Sheesh!
Apr 7, 2009 at 6:12 p.m.
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We always expect people in positions of power to be ethical. The fact is people usually get these type of jobs because of who they know, who financed their campaign, or simply because no one else wanted it. We are always surprised when we read of corruption in government. It doesn’t even phase me any more. People with power are no better than the average person. They just had the right connection.
Apr 7, 2009 at 5:18 p.m.
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Its "small town politics" at its finest! I agree with Carlitosway... the danged mower has been stolen twice!!! How can the police chief PROFIT from a theft and sell the evidence? This is wrong on sooooo many levels!
"It does not appear that any of the acts ...were intentional", okay... well someone thinks it was intentional - he was suspended for 3 days! He needs to replace the lawn mower, in my opinion. It wasn't his to sell!
Apr 7, 2009 at 3:11 p.m.
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I love this chief.
Dude sees a relative in need of a lawnmower so he steals one out of evidence and then SELLS it to his relative. What a numbnutz!
Imagine the money he can make by confiscating and reselling drugs, over, and over and over, again.
Apr 7, 2009 at 2:27 p.m.
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It belonged to someone and not the cheif. Why didn't the original owner get it back? Just because they coundn't prove the guy stold the lawnmower, it belonged to the person from whom it was stolen and should heve been given back. But now wouldn't they have a new theft report as the owner of the lawnmower had it stold from him again, right? Just because you wear a badge does not make it right IMO Now if the citizen did this he would be arrested.....
Apr 7, 2009 at 1:18 p.m.
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Whether the Chief knew the policies or not, it is NOT his decision to pick and choose items from the evidence lockup and handle the personal sale of said object(s).
I agree with Fishingal....Did the $250 lawn mower payment get deposited into a departmental account?
Sounds like a pretty loose ship they're running if the Chief can cherry pick through items and sell them off in a personal transaction rather than a public auction.
Apr 7, 2009 at 12:27 p.m.
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Where did the $250 he was paid for the mower go? In his pocket or to the PD? If he kept it, wouldn't that be theft itself?
Apr 7, 2009 at 11:12 a.m.
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so, then someone can say they didn't know it was illegal to drive intoxicated? That's so bogus that the CHIEF did not know the policies! To be the top dog, aren't they supposed to know the policies like the back of their hand?
Apr 7, 2009 at 10:38 a.m.
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I have one word: MORON.
Apr 7, 2009 at 10:14 a.m.
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So what happens to all the evidence? I assume they don't keep it forever, and it's a bit of a conflict of interest to sell it to the officers/employees.
Apr 7, 2009 at 9:50 a.m.
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How can you not know this is wrong ?
Chief Dennis Wisniewski holds what position ?
You have got to be kidding me !
Apr 7, 2009 at 9:38 a.m.
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Unless you're a civilian. Then it's "Ignorance of the law is no excuse."
Apr 7, 2009 at 9:36 a.m.
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Just like the criminals, they only regret getting caught.
Apr 7, 2009 at 9:25 a.m.
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The chief of police didn't know that his department had a policy regarding the disposal of evidence. Huh
Apr 7, 2009 at 8:58 a.m.
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Crime doesn't pay, or so we've been told.
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