Reality Check: Third-Party Ad Attacks Butler
Election In April 1
Posted: 1:28 pm CDT March 29, 2008
MADISON, Wis. -- One of the biggest issues in the Wisconsin Supreme Court race this year has been the numerous third-party ads and the attacks they have made on the candidates.
VIDEO: Watch The ReportWISC-TV analyzed the claims made in an ad from Wisconsin Manufacturers and Commerce that seizes on a judge's former nickname."We've heard it before: Judge cites loophole, sides with criminal that threatens our safety. Take Justice Louis Butler; his colleagues called him 'Loophole Louie," the ad says. "A woman was beaten to death with a bat. Butler uses a loophole suppressing critical evidence."WISC-TV found this claim to be misleading.Neither of the articles sources in the ad contain the quote or headline suggested by pictures shown in the ad.The case alluded to in the ad involved Matthew Knapp, who was accused of a slaying in Watertown in 1987.When Knapp was arrested, an officer took his sweatshirt, which had blood on it, before reading Knapp his Miranda rights.The Wisconsin Supreme Court first voted 6-1 in 2003, before Butler was on the court, to bar the sweatshirt from use at trial.It's also notable that the ad shows a picture of a bat and not a shirt.After the U.S. Supreme Court modified its opinion on Miranda right violations, the Wisconsin Supreme Court reconsidered and ruled in 2005 to again suppress the shirt as evidence. Butler authored the majority opinion.This is a departure from what U.S. justices decided. The U.S. Supreme Court ruled to suppress statements -- not physical evidence -- taken before Miranda rights were given. So, the issue is more of a constitutional question than a loophole, WISC-TV reported.It should also be noted that despite the evidence not being included, Knapp was convicted in a jury trial in May 2006 and sentenced to life in prison. The evidence apparently wasn't critical enough to keep a jury from finding him guilty.The ad goes on to say, "A husband poisoned his wife. Butler cites a loophole, almost jeopardizing the prosecution."WISC-TV found this claim also needs clarification. WISC-TV previously reported on this case in a "Reality Check" of another WMC ad.This case also dealt with a major constitutional issue -- the rights of defendants to confront their accusers -- and calling that a loophole isn't accurate."Butler doesn't mind being called 'Loophole Louie.' He says it's affectionate," the ad says.As for the nickname, WISC-TV found that the way it is used needs clarification.Butler's campaign said this "affectionate nickname" was given to him by colleagues during his lawyer days, not when he was a judge.One group said that using the name now is inappropriate. A campaign watchdog group put together by the state bar said that using the name is "demeaning to the entire Supreme Court and our judicial system."The group goes so far to say that any attorney associated with directing this at Butler could be subject to discipline.
Previous Stories:
- March 29, 2008: 30 Judges Say Gableman Ad Marks New Low In Supreme Court Race
- March 28, 2008: Butler, Gableman Spar In Final State Supreme Court Debate
- March 28, 2008: Reality Check: Ad Attacking Gableman On Sex Offenders Makes Misleading Claims
- March 26, 2008: More Than $2M Spent On TV Ads In Supreme Court Race So Far
- March 26, 2008: Supreme Court Candidates Spar Over Negative Ads In Race
- March 25, 2008: Reality Check: Assessing Third-Party Ad In Supreme Court Race
- March 24, 2008: Butler, Gableman, Special Interests Weigh In On Supreme Court Race
- March 20, 2008: Reality Check: Examining Supreme Court Justice's Campaign Ad
- March 19, 2008: Complaint Filed Over Gableman Campaign Ad In Supreme Court Race
- March 17, 2008: Monitoring Group Slams Gableman Ad Featuring Convicted Rapist
- March 14, 2008: Campaign Ads Focus On Crime In State Supreme Court Race
- March 11, 2008: Monitoring Group Finds Fault With 2 More Ads In High Court Race
- March 10, 2008: Supreme Court Justice Candidates Trade Fire On Negative Campaigning
- March 7, 2008: Reality Check: Third Party Ad In Supreme Court Race
- March 3, 2008: Supreme Court Justice Butler Releases First TV Ad Of Campaign
- February 25, 2008: Groups Announce Support For Public Financing For Judicial Races
- February 21, 2008: Poll: Democrats, Republicans Split On Supreme Court Candidates
- December 11, 2007: Supreme Court Endorses Public Financing For Races
Copyright 2008 by Channel 3000. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.








