Wisconsin
State court to rule on immunity in sex trafficking case
MADISON, Wis. (AP) — Wisconsin’s Supreme Court is set to decide Wednesday whether a sex trafficking victim accused of homicide can argue at trial that she was justified in killing the man who trafficked her, a ruling that could help define the extent of immunity for trafficking victims nationwide.
Prosecutors say Chrystul Kizer traveled to Randall Volar’s home in Kenosha in June 2018. Then-17, she shot him in the head, burned down the house and stole his BMW, according to court documents. She faces multiple charges, including arson and first-degree intentional homicide. That count carries a mandatory life sentence.
Kizer, now 22, contends she met Volar on a sex-trafficking website. She says he sexually assaulted her and sold her to others for sex. She told detectives she shot him after he tried to touch her, according to the criminal complaint.
Her attorneys have argued that she’s immune from prosecution under a 2008 state law that absolves sex trafficking victims of any offenses resulting from being trafficked. Nearly 40 states have passed laws that give trafficking victims at least some level of criminal immunity, according to Legal Action of Wisconsin, which provides legal help for low-income people.
They had planned to invoke the immunity law at trial, but Kenosha County Circuit Judge David Wilk refused to allow the argument. He ruled that immunity extends only to trafficking-related charges such as restraining someone, extortion, prostitution or slave labor. An appellate court ruled last year, however, that Kizer could argue that the law shields her from prosecution.
State attorneys asked the Supreme Court to reverse that decision, maintaining that the immunity statutes can’t possibly extend to homicide. Assistant Attorney General Timothy Barber said during oral arguments in March that Kizer’s interpretation would create an unprecedented expansion of the self-defense doctrine, eliminating any questions about whether killing someone was reasonable or necessary.
Kizer’s attorney, Katie York, told the justices that the law clearly states trafficking victims enjoy immunity from any offense. A jury should be allowed to consider whether the shooting was so closely connected to trafficking that immunity applies, she said.
The court’s ruling won’t decide Kizer’s guilt or innocence. And the decision on whether she can argue immunity won’t be binding on other states, but it could inform attorney strategies in similar cases. Anti-violence groups have lined up to support Kizer, arguing in briefs to the Supreme Court that trafficking victims often feel trapped and believe they have to take matters into their own hands.
The Associated Press does not typically identify people who say they are sexual assault victims, but Kizer discussed her case in an interview from jail with The Washington Post that was published in 2019.
Ohio
Federal appeals court greenlights federal deportation policy
COLUMBUS, Ohio (AP) — Federal guidance prioritizing the deportation of people in the country illegally who pose the greatest public safety risk can be implemented, a federal appeals court ruled Tuesday.
At issue is a September directive from the U.S. Department of Homeland Security that paused deportation unless individuals had committed acts of terrorism, espionage or “egregious threats to public safety.” The guidance of President Joe Biden’s administration updated the policy under the administration of then-President Donald Trump, which removed people in the country illegally regardless of criminal history or community ties.
A federal judge put the Biden policy on hold after Arizona, Ohio and Montana sued to stop it, arguing it would lead to an increase in crime and strain law enforcement resources. After the government appealed, the 6th U.S. Circuit Court of Appeals overturned the judge’s preliminary injunction.
The appeals court said states couldn’t prove the injuries they alleged, and said the guidance only instructs federal agents on how to enforce a law the national government has considerable authority over.
The Homeland Security guidance “does not impose any direct costs on the States or threaten the loss of any federal funding,” wrote chief circuit Judge Jeff Sutton.
Emilee Cantrell, press secretary for Montana Attorney General Austin Knudsen, said in a statement the court’s “decision unfortunately allows President Biden to continue his dangerous immigration policies.”
“The border crisis has devastating impacts in Montana and states across the nation,” Cantrell said. “Attorney General Knudsen will continue to use every available tool to make the Biden administration do its job and secure the border.” Brittni Thomason, a spokesperson for the Arizona Attorney General’s Office, said in a statement the agency is disappointed with the decision. “This policy is another shameful example of actions the Biden administration is taking to encourage illegal border crossings,” Thomason said.
A message was left with the Ohio Attorney General’s Office seeking comment.
Wisconsin
Judge orders investigator not to delete records
MADISON, Wis. (AP) — A judge on Tuesday ordered that former Wisconsin Supreme Court Justice Michael Gableman not delete any records his office has compiled, even if they are not subject to an open records request.
The order from Dane County Circuit Judge Jacob Frost came a week after the liberal government watchdog group American Oversight filed its fourth open records lawsuit related to Gableman’s investigation. The most recent lawsuit sought to stop Gableman from deleting records after he testified in another case that he deleted records that were not responsive to open records requests or useful to his work.
The judge entered a temporary restraining order preventing Gableman from deleting records until after the case can be heard. Judges in two other lawsuits brought by American Oversight have ordered Gableman’s office or the state Assembly to stop deleting or destroying records that are responsive to open records requests in those cases.
Gableman did not immediately return a message seeking comment.
Republican Assembly Speaker Robin Vos hired Gableman to investigate the 2020 election, but put the probe on hold in April. President Joe Biden defeated Donald Trump by just under 21,000 votes in Wisconsin, a victory that has withstood recounts, multiple state and federal lawsuits, an audit by the nonpartisan Legislative Audit Bureau and a report by the conservative Wisconsin Institute for Law & Liberty. An Associated Press review of Wisconsin and other battleground states also found far too little fraud to have tipped the election for Trump.
