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Published - Saturday, August 30, 2008

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Prosecutor: Mistake to agree to destroy records


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PORTAGE, Wis. (AP) — Columbia County District Attorney Jane Kohlwey has acknowledged she made a mistake when she secretly agreed to destroy records in a deputy’s hit-and-run plea deal.

Kohlwey told the Baraboo News Republic in an interview Wednesday she never actually destroyed the records and wasn’t trying to give the deputy special treatment. But she said agreeing to keep his case secret was a “serious judgment error.”
“I’ve learned from that,” said Kohlwey, who has been a prosecutor for nearly a decade. “I’ve never since or before that agreed to any such thing.”

Former Sauk County Sheriff’s Deputy David Riedel was accused of backing over his then-girlfriend, Sonya Flower, and fleeing the scene in 2005. Kohlwey handled the case to avoid any conflict of interest.

Kohlwey signed a contract with Riedel in February 2007. She agreed to drop the case if he fulfilled certain terms, which were not supposed to be made public.

She also agreed to destroy the original and all copies of the document after Riedel met the conditions, which he did.

Typically such deals are made public in court.

Kohlwey told the News Republic the nature of the relationship between Riedel and Flower led her to agree to the plan. She declined to elaborate beyond that, saying she wasn’t trying to protect Riedel’s law enforcement career. Riedel’s attorney, Bruce Rosen, has said that was his goal, however.

Kohlwey said she can’t remember why she never asked Riedel to plead in open court.

Flower filed a complaint with the state Crime Victims Rights Board, arguing she had a right to see the terms because she was the victim. The board earlier this month reprimanded Kohlwey for keep the deal secret from Flower.

Kohlwey said it was unfair for the media to report on the reprimand because it was private. Board officials, however, told the News Republic the reprimand is a public record.

Kohlwey said she never destroyed Riedel’s deal and sent it to Sauk County District Attorney Patricia Barrett. The News Republic reported the documents Barrett has appear to be copies.

Kohlwey said the file should contain a version of the deal with her original signature on it, but she doesn’t remember for sure.

“I’m working off of memory from a few months ago right when I was packaging up the file to send to (Barrett),” she said. “That’s what I recall being in there.”
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