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Staskal release plan OK'd without new home

By MIKE DUPRE'   Wednesday, July 2, 2008 - 6:09 p.m.
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JANESVILLE

Judge Michael Byron on Wednesday approved a conditional-release plan for Mark Staskal without a specific new placement, and it was unclear whether the public will learn where Staskal will live through a public hearing in open court.

Staskal will continue to live at Mendota Mental Health Institute in Madison until the state Department of Health and Family Services finds him a new home in Dane County.

Whether the public will learn where the new home is through a court hearing remains murky.

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

But in January 2007, Byron ordered him released conditionally—over the objections of his parents, Redgie and Melly Staskal of Milton, and despite split psychiatric opinions on whether Staskal should be released to the community.

The state has not been able to find a new home for Staskal.

Assistant District Attorney Ray Jablonski asked Rodney Miller, who oversees the department’s conditional-release program, if the department would notify the court of a new home for Staskal ahead of such a placement so the district attorney’s office could check out the proposed home.

“We will comply with whatever the court orders,” Miller replied.

But none of the attorneys involved—Jablonksi; Staskal’s lawyer, Phillip Brehm, or Marc McCrory, Staskal’s parents’ lawyer—heard the judge issue such an order.

Noting that he could not comment on pending cases, Byron declined to expound on his statements in court.

During the hearing, the judge noted that the conditional-release law for people found not guilty by reason of mental disease is different from the law regarding release of sex offenders. The sex-offender release law requires public disclosure of an address; the conditional-release law does not, Byron said.




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soside4life
Jul 4, 2008 at 1:01 a.m.
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janesvillean said..."It seems pointless to try to educate a lynch mob, but again, Staskal was brought before Byron because of alleged improvement in his condition. In the hearing, the state failed to prove that he remained a danger to himself or others, thus requiring his release under Wisconsin law. Byron has diligently overseen the Department of Corrections multiple attempts to develop a release plan and has done so with the safety of the public balanced against the rights of a mentally ill person."

NO LYNCH HERE....SERIOUSLY!! :) (...Obviously, you must be a "friend" of Byron! :)

BUT in ALL due respect here :), Mark had his 1 time out!! (..Thanks to Byron!) BUT, HE (Mark) COULDN'T TAKE IT!!! (JUST LIKE EVERYONE, esp. Mark's Parents <...as well as, "EXPERTS" in his care, too!>, SAID HE WOULD NOT BE ABLE TO!!!!)

sannio
Jul 3, 2008 at 5:59 p.m.
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If someone had a massive seizure and somehow killed someone during it, should they be institutionalized for life, even though doctors said he or she was probably seizure free? It's a hard pill to swallow, but we've come a long way from the good old days. I strongly believe our society is moving in the right direction, trying to better understand ourselves, and why we do what we do. My emotions sometimes feel the exact opposite. They might make me feel like saying "Let natural selection take care of them", while my mind wants to know why, and how to prevent it. When I think about it, I wonder what healthy, emotionally balanced person could kill anyone, except by some accident. With that in mind, and the direction our society is moving, someday there will be no murder sentences at all.

Biscuit5
Jul 3, 2008 at 10:53 a.m.
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I doubt that we will be told where they place him but if you think about it we are living with psycos like him in our own communitys they just havent been caught. we just need to live a little smarter, purchase a home security system even a small system is affordable,watch our children diligently,learn to protect ourselves with whatever we can.

B

besmom
Jul 3, 2008 at 6:55 a.m.
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I do agree that this man is someone that should not be let out into the community, BUT there are still laws/restrictions regarding people who have a mental illness. There are people right now out in the community that are out on a NGI (not guilty by reason of insanity) that you do not know about. By law, they have to find the least restrictive placement for a person. Life in a mental hospital is not always the sentence, it most often is until that person can be deemed no longer a risk to public safety. I'm not arguing against this particular case, just some info that many do not know. Someone had noted that the potential placements all have rights whether or not to accept Mark, and as you can see, none will at this time, thus forcing the hand of the judge to keep him institutionalized.

janesvillean
Jul 3, 2008 at 1:05 a.m.
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It seems pointless to try to educate a lynch mob, but again, Staskal was brought before Byron because of alleged improvement in his condition. In the hearing, the state failed to prove that he remained a danger to himself or others, thus requiring his release under Wisconsin law. Byron has diligently overseen the Department of Corrections multiple attempts to develop a release plan and has done so with the safety of the public balanced against the rights of a mentally ill person.

soside4life
Jul 2, 2008 at 10:50 p.m.
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KILLING, then claiming, NOT "GUILTY" BY REASON OF MENTAL DISEASE, meant to my understanding, INSTITUTIONALIZED FOR LIFE!! (Correct?!) Yet, what a joke in this case! This sort-of plea SHOULDN'T EVEN BE an "option" for ANYBODY in the first place! (re: Look how it's been abused by people "sane", HERE & EVERYWHERE!!...~But, that's just MY opinion! :)

How lucky we were (& Mark was!) when he had his 1 chance "OUT" in Eau Claire!!! (re: NO ONE hurt! :) DESPITE the "voices", etc!!) TRULY SCARY! :( :( :(

ANYWAYS...Thanks Judge Byron! :( <...I assume you live in Dane Co. since I DO expect YOU to house him, since it's YOUR *BRIGHT IDEA*...>

billnewbie
Jul 2, 2008 at 9:57 p.m.
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A change in the law would do no good. The law cannot be changed and applied to a circumstance that occured before the change takes effect (ex post facto).

SMK1965
Jul 2, 2008 at 9:33 p.m.
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Regardless, every home in this area that accepts people like this knows that Byron is looking for some place to put Mark. I hope they all say "no way" and put Mark's parents mind at ease. He doesn't deserve to be out no matter what. If he did it once he will do it again. I agree with momof5....GET A NEW LAW ON THE BOOKS BEFORE THEY LET HIM OUT AND HE KILLS AGAIN!!!!

momof5
Jul 2, 2008 at 7:54 p.m.
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Why is a ROCK COUNTY Judge deciding to release a mentally unfit and unstable "inmate" into the population of DANE COUNTY?
.
Can no one in Dane County do anything to stop this?
.
Byron just ordered that he be released without notifying the public. Surely, the DHFS has to release to prospective homes what this man's inner demons are. Can the home then in turn say "Thanks but no thanks. There's no room at the inn tonight. Sorry Charlie. Hit the road, Jack. I mean Mark."

SMK1965
Jul 2, 2008 at 7:38 p.m.
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I hope Byron is going to be happy that is.

SMK1965
Jul 2, 2008 at 7:37 p.m.
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Really? When Mark goes after his parents or someone else i hope he's going to be happy. Unbelievable.

prevention
Jul 2, 2008 at 7:30 p.m.
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for crying out loud! isn't the law and judicial system supposed to protect the innocent?

for goodness sakes, hasn't there been enough outcry for wisconsin lawmakers to change this law?

obviously, the public fears for safety if this guy, and others similar to him, is released into the general population! at least in mendota they can strap him to a bed or something if he becomes dangerous. in the general population, we have to fight the judicial system if he's held against his will when he becomes a danger to himself and others.

who is the judge trying to protect? can't we have justice in america anymore?

momof5
Jul 2, 2008 at 7:25 p.m.
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I say get a new law on the books!

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