Kimberley 

Bukstein ADA Civil Rights Advocacy

Mr. J.B. Van Hollen ,Wisconsin Attorney General

Mr.  Winn S. Collins, President District Attorneys Association

Mr. Michael Bauer, Administrator Public Integrity Unit

Dear Sirs, January 15, 2011

My name is Kimberley Bukstein; I’m a Civil Rights Advocate. I would like to bring a matter to
your attention for your review, response and/or appropriate referral. There appears to be a
serious problem in Trempealeau County where systemic or bureaucratic abuses are pandemic
throughout the system but of particular concern is the Assist District Attorney’s Office.

I became aware with these problems advocating for a child and her mother who for the past 8
years tried to access justice, but to no avail. The child was been a victim of sexual assaults by her
father since age 3. She’s 11 years old now and the system fails to protect her.

The mother contacted me early last summer and described failures of duty on the part of officials
which boggle the mind, She has some 250 pages of reports from doctors, social workers,
teachers, therapists, and SANE examinations that should have triggered law enforcement to act,
but they conspicuously did nothing.

The mother however would not give up despite being stonewalled at every turn, usually with the
public officer saying something to the effect of the father denies it so the child is lying and
besides the mother nuts. This defamation of the mother is wide spread over a small town.

Some of the problems in Trempealeau county I have observed first hand such as obstructions by
law enforcement which despite the fact the police had reports claimed there were none, Child
protection “lost” reports we knew they had, then failed to send reports to various departments, or
claimed the documents said nothing or were nonexistent. The mother however had saved copies
of every document since 2002, so we already had these “lost” or “non-existent” pieces.

Mother had at been granted an appointment at the DA’s office last June where she would finally
be permitted to present her evidence. I spent 2 days at her home compiling and carefully reading
each document and created a 4 page index highlighting the most vital pieces including these
items CPS had “lost”. These are significant. And unlike others who say they have looked at the
evidence or lack thereof to dismiss and bury the matter, I have. I have carefully reviewed the
250+ pages of evidence the mother provided the Asst DA in June of 2010. There is no doubt in
my mind the child is telling the truth.

I am not an attorney nor criminal prosecutor, but a civil rights advocate and know how to read a
statute. Out of the stack of papers 4 inches thick, I compiled the evidence bringing forward and
referenced in the index those pieces necessary I believe for the DA to issue a Criminal
Complaint. To save the DA time digging, the index is also annotated with quotes from the
professionals, along with credentials and phone numbers etc. In short unless I’m way off base,
the 4 page index in and of itself should provide enough to trigger the DA to act. (see enclosed)

The mother has been targeted by criminal stalking and harassments. As documented in letters
between the attorneys, by police searching her home without a warrant, and is referenced in the
index. The ringleader is a wealthy grand-dam whose husband is the director of the local hospital,
She bribes public officials; confirmed by 2 public officials who refused when approached. The
rest are not so forth coming of course, but her practice is wide spread its believed. The purpose
of her bribes is to protect her son; father of the child who’s been sexually abused since age 3.

When I called law enforcement last June, they said they had already sent all their evidence over
to the DA’s office, adding “and it’s nothing”... which struck me as an odd thing to say. I asked if
they got all the CPS reports since cps said a couple were missing. The officer’s reaction was to
get very defensive and that was a dead giveaway in my mind. . Saying there were NO cps reports
and that the mother was a nutcase. Saying “we never have problems and never lose files between
departments”. I said “I’m sure it’s a lot easier here not being so spread out like we are here in the
twin cities”. The officer said “well that never happens HERE and there are no cps
reports”...Considering I was looking at one in my hand thought that a very odd indeed for the
officer to say. I thanked him and charted my notes.

I never am out to blame anyone. My philosophy is we are all human and if there’s been mistakes
then we can just fix them. The officer’s defensiveness is not proof of wrongdoing, nor is
anything else I will relate here.

The big day came and Mother presented all the evidence to the Assistant DA on June 24 2010. I
was there with her. What I found most disturbing about this assistant DA besides seeming
somewhat incompetent wanting the mother to circle the most important items on the index,
which had already been done for him, was he didn’t bother to look at the materials she provided,
was very rude and dismissive, saying he’s got 2 cases going and can’t take anymore for months.
I mentioned that this is about a 948 sexual offence so how long would it be before he looked at
the materials. He wouldn’t give a date just said it would be months. I found the Assistant DA’s
attitude very disturbing, and not in keeping with duty.

I think the mother and daughter lost hope back in September when she got the DAs letter
declining to file a charge. (see enclosed) The mother and daughter have been brave through it
all, they faced obstructions and interference but fought to and present evidence, the mother has
been harassed and stalked for years, her rights violated by police who fail to protect, in a town
where graft and corruption abound they call her nuts and her child a liar. Despite all the Officials
abuses and efforts to conceal and destroy evidence, and watching her child harmed for 8 years,
they’ve worked within the system in good faith - but the DA slammed the door in their face.
They don’t get an appeal, like a convicted felon does. It’s been months and no one has protected
the child.

I just read the DA’s letter. It may appear reasonable to the casual observer, but it is not
reasonable under any reality. The DA never looked at the evidence, and if he did and reached his
conclusion he’s in violation of his oath of office. What happened to this mother and child should
never happen in a civil society. . His letter states “the case comes down essentially to the word
of your child against that of Mr.Stegerwald who denied the offence.”

The assistant DA seems forgetful of the rule that in a sexual assault case, the child victim should
not be the one on trial. The evidence provided him are findings of doctors, therapists, social
workers, and SANE clinicians, including adamant letters of licensed professionals stating they
strongly encourage our criminal justice system to act to protect this child.

Crime victims have both statutory and constitutional protections which are designed to protect
them from systemic or bureaucratic abuses that may unintentionally flow from our criminal
justice system. District Attorney’s Office is to use all reasonable and lawful diligence for the
detection, arrest and conviction of those who break the law.  Ensure the effective, efficient and
uniform enforcement of the criminal laws and the administration of criminal justice throughout
the county and ensuring that crime victims be treated with sensitivity, fairness, compassion and
respect.

I respectfully submit that the Assistant District Attorney Trempealeau County has a conflict of
interest and/or lacks the wherewithal to engage issues as serious as these. Plus they seem to have
no reasonable grievance entity, other than the DA’s office which is of course the problem.

The child victim will not get justice in Trempealeau County under these circumstances.
Therefore, I ask you take the necessary steps to respond accordingly in and as your various
offices provide.

The mother retained a back-up copy of evidence she provided the DA, and I am available to
provide additional information regarding the case. Please contact me if you have any questions,
and update me on how your office(s) will proceed in this matter accordingly.

Very Truly Yours,

Kimberley Bukstein
Civil Rights Advocate

CC: Star Meyers