ADA Stephan’s Prior Utilization of Perjury in Connection With the Withholding of Madison Police Reports

ADA Stephan’s falsifications should be seen in light of what occurred in State v. Tankson, Dane County Case No. 06 CF 1845.  An issue that arose on appeal in that case was whether exculpatory evidence had been withheld by the prosecution.  After Tankson was convicted, his appellate attorney, Sommers, attempted to obtain Madison Police reports, which resulted in the Madison Police providing contact sheets for all purported police contacts with the alleged victim.

Later, at the postconviction motion hearing, Det. Marian Morgan was asked about her personal contacts with the alleged victim, and to their nature.  Det. Morgan testified in a manner that was consistent with what was then thought to be the accurate police contact sheets, and the then-only relevant reports.

However, the defense persisted and successfully persuaded the court that the defense should be able to compare the police contact sheets provided to the court with those provided to the defense.  This revealed there were major differences between the two, and that the police contact sheets provided to the defense omitted a number of police contacts.

ADA Stephan was taken at his word when he claimed that he was unaware of any difference between what was provided to the defense and what was provided to the court.  The court ordered that the newly-relevant police reports be provided.

These reports substantiated that Det. Marian Morgan had been the case detective on a recent matter where it was alleged that the alleged victim was involved in a specific type of criminal activity.  However, before the existence of these reports were revealed, Det. Morgan testified that she had no awareness of the victim being alleged to having been involved in the specific type of criminal activity she was asked about under oath.

Det. Morgan initially attempted to justify her previous testimony, but then was forced to concede that her explanation was disproven by the transcript of her previous testimony.

Nothing happened to Det. Morgan.  And of course there was never any investigation into what ADA Stephan did or did not know in regard to the police contact sheets and Det. Morgan’s false testimony.

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