% FREEDOM.
% >> THANKS VERY MUCH.
% >> THANKS FOR HAVING ME.
% >>> SHORTLY AFTER THE HIGH COURT
% OVERTURNED ROE V. WADE, GOVERNOR
% EVERS ANNOUNCED HE WOULD GRANT
% CLEMENCY TO ANYONE CHARGED UNDER
% THE ABORTION BAN AND WOULD NOT
% APITTSBURG STATE PROSECUTORS WHO
% AGREED TO ENFORCE THE LAW.
% OUR NEXT GUEST IS A SITTING
% DISTRICT ATTORNEY.
% WHAT WILL HE DO?
% TIM GRUENKE IS THE D.A. IN
% LA CROSSE COUNTY.
% HE JOINS US NOW AND THANKS VERY
% MUCH FOR BEING HERE.
% >> GLAD TO BE HERE.
% >> SO YOU HAVE SAID THAT YOU
% DON'T AGREE WITH THE OVERTURNING
% OF ROE V. WADE.
% BUT WOULD BE OBLIGED TO
% PROSECUTE ABORTION CASES UNDER
% THE LAW.
% WHY?%>> I THINK THAT IN THE E
XECUTIVE
% BRANCH, OUR FUNCTION IS TO
% ENFORCE THE LAWS.
% AND THERE ARE MANY LAWS THAT THE
% LEGISLATURE PASSES THAT I MIGHT
% HAVE A DISAGREEMENT WITH OR I
% THINK ARE UNWISE OR SOMETIMES
% MIGHT BE ACTUALLY MORE HARMFUL
% THAN GOOD.
% I CAN PRIORITIZE MY CASES.
% I CAN DEEMPHASIZES SOME OF THE
% LOST.%WE COME UP WITH CREATI
VE
% SOLUTIONS LIKE THE DIVERSION
% AGREEMENTS OR ORDINANCE
% VIOLATIONS, BUT I NEVER SET UP
% ANY LAW THAT I WOULD NEVER
% PROSECUTE A LAW.
% I THINK OUR JOB IS TO ENFORCE
% LAWS AS PROSECUTORS.
% SO IF THE LAW WERE PASSED, IF
% THE LAW WERE HELD BY THE COURTS,
% I HAVE TO PROSECUTE IT JUST LIKE
% ANY OTHER CASE.
% I WOULD LOOK AT THE FACTS.
% I WOULD DETERMINE IF IT'S A GOOD
% CASE.%I WOULD DETERMINE IF W
E COULD
% PROVE IT.
% WOULD A JURY CONVICT AND
% QUESTIONS LIKE THAT.
% BUT I WOULD NEVER SAY ABOUT ANY
% CRIME THAT I WOULD NEVER
% PROSECUTE OR THAT I WOULD ALWAYS
% PROSECUTE IT.
% >> WHAT DO YOU THINK ABOUT
% D.A.s WHO STATE THEY WILL OR
% WILL NOT CHARGE CERTAIN TYPES OF
% CASES LIKE THE DANE COUNTY D.A.
% WHO PLEDGES NOT TO PROSECUTE
% ABORTION CASES?
% >> I UNDERSTAND THE SENTIMENT.
% I ALSO THINK THAT WOMEN SHOULD
% HAVE THE RIGHT TO CONTROL THEIR
% OWN BODIES AND I -- I'M UPSET
% THAT THE ROACHEDZ -- ROE VS.
% WADE WAS OVERTURNED, BUT MY
% PERSONAL FEELINGS JUST DON'T
% PLAY IN IT.
% WHEN THE LEGISLATURE PASS AS
% LAWR THAT'S SUPPOSED TO REFLECT
% THE WILL OF THE PEOPLE N AS THE
% D.A. I'M SUPPOSEES TO REPRESENT
% ALL PEOPLE OF LA CROSSE COUNTY
% AND NOT TAKE MY PERSONAL VIEWS
% IN IT.
% I DON'T AGREE WHEN PROSECUTORS
% WON'T ENFORCE GUN RESTRICTIONS
% BECAUSE THEY'RE SECOND AMENDMENT
% FANS I OR THEY WON'T PROSECUTE
% SEXUAL ASSAULT CASES BECAUSE
% THEY HAVE A DIFFERENT IDEA OF
% THE LAW.
% I DON'T THINK THE D.A. SHOULD BE
% IN THE BUSINESS OF NOT BROTHERS
% CUTING LAWS PASSED BY
% LEGISLATURE.%>> AS A DISTRICT
ATTORNEY WHO
% WOULD HAVE IF DRESS --
% DISCRETION, WOULD YOU
% PRACTICALLY, CHOE, RIGHT NOW
% BE -- THOUGH, RIGHT NOW BE ABLE
% TO TAKE A CASE TO COURT?
% >> PRACICALLY I DON'T KNOW THAT
% IT'S POSSIBLE RIGHT NOW.
% IN WISCONSIN THERE'S TWO
% ABORTION STATUTES THAT SOMEWHAT
% CONFLICT WITH EACH OTHER.
% ONE IN 1849 AND WITHIN IN 1985.
% THEY HAVE DIFFERENT PENALTIES
% AND DIFFERENT EXCEPTIONS.
% THEY HAVE DIFFERENT DEFINITIONS.
% SO AT THIS POINT I'M NOT SURE IF
% LEGISLATURE INTENDS -- WHAT ONE
% THE LEGISLATURE INTEND US TO
% FOLLOW.%SO IT WOULD BE DIFFI
CULT TO GET
% A CASE, FIGURE OUT WHICH LAW
% APPLY, AND PRACTICALLY GO
% FORWARD AND PROSECUTE THAT CASE
% UNTIL THE COURTS MAKE A RULING
% OR IF ATTORNEYS LAWSUIT IS
% SUCCESSFUL OR THE LEGISLATURE
% PASS AS LAW THAT'S CLEARER AND
% REFLECTS THE INTENT OF WISCONSIN
% PEOPLE, I THINK IT WOULD BE HARD
% PRACTICALLY TO ENFORCE THE LAWS
% ON THE BOOKS NOW.
% >> SO YOU WERE WITH JOSH KAUL
% SAYING IT'S UNENFORCEABLE AT
% THIS TIME, IS THAT THE SAME
% THING?%>> I THINK IT'S PRACTI
CALLY
% UN
% ENFORCEABLE.%WHEN THE CASE CO
MES IN IT MAY BE
% DIFFERENT.
% BUT AT THIS . I'M NOT SURE
% HOW -- AT THIS POINT I'M NOT
% SURE HOW DISTRICT ATTORNEYS
% UNDERSTAND WHICH TWO LAWS ARE
% SUPPOSED TO BE ENFORCED WHEN
% THEY'RE PROHIBITING THE SAME
% CONDUCT BUT DIFFERENT
% DEFINITIONS AND PENALTIES AND
% SEEM TO HAVE DIFFERENT INTENT.
% >> IF THE COURTS AS A RESULT OF
% JOSH KAUL'S LAWSUIT UPHOLD
% COMPLETE BANS ON ABORTIONS IN
% WISCONSIN, HOW DO THE CASES COME
% IN FOR CHARGING?
% WHO REFERS THEM?
% WHAT DOES THAT LOOK LIKE?
% >> THERE'S ANOTHER QUESTION THAT
% PRACTICALLY I'M NOT SURE THAT
% THAT WOULD BECOME AN ISSUE
% BECAUSE WE DON'T HAVE THE
% ABILITY TO GO INTO DOCTOR'S
% OFFICES, HEALTHCARES IS
% OBVIOUSLY CONFIDENTIAL.
% WE DON'T SEND OVER INVESTIGATORS
% TO HOSPITALS AND EVEN IF WE DID,
% I DON'T THINK THEY'D GAVE US ANY
% INFORMATION.
% SO I'M NOT YEAR ON HOW A CASE
% WOULD EVEN COME TO US.
% AND IF IT DID, I'M NOT SURE WHAT
% INFORMATION WE'D BE ABLE TO
% GATHER AND SO I THINK IT'S
% PRACTICALLY VERY DIFFERENT TO
% ENFORCE THIS -- DIFFICULT TO
% ENFORCE THIS BAN, EVEN THOUGH
% PEOPLE THINK IT'S A CHANGE.
% IT'S NOT SURE MUCH IS GOING TO
% CHANGE IN MOST COUNTIES IN
% WISCONSIN.
% >> SO YOU ARE STANDING BY TO
% FIND SOME CLARITY AROUND THESE
% LAWS.%>> I WOULD URGE THE LE
GISLATURE
% TO DO WHAT I THINK A LOT OF
% PEOPLE WANTED, WHEN ROE VS. WADE
% WAS OVERTURNED, WAS BURN A
% BALLOT TO THE STATES -- RETURN
% THE BALLOTS TO THE STATES.
% AND FIND OUT WHAT WISCONSIN
% REALLY WANTS.
% DO WE WANT EXCEPTIONS, A CERTAIN
% TIME PERIOD, HOW ARE WE DEFINING
% THE -- FINANCIAL HEALTH, HEALTH,
% EMOTIONAL HEALTH.
% THERE'S A LOT OF THINGS THAT
% NEED TO BE FIXED AND I WOULD
% THINK THE LEGISLATURE WANT TO
% WELCOME THAT AND HAVE THAT
% DISCUSSION AND GIVE US SOME
% CLARET ON WHAT IT IS WE'RE
% SUPPOSED TO BE PROSECUTING.
% >> TIM GRUENKE, D.A., THANKS
% VERY MUCH.