The State of Wisconsin

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER #287

Relating to the Creation of the Governor's Commutation Advisory Board

WHEREAS, Article V, Section 6 of the Wisconsin Constitution vests in the Governor the exclusive and discretionary power to grant reprieves, commutations, and pardons;

WHEREAS, the availability of executive clemency reflects a recognition that individuals are capable of rehabilitation, redemption, and can earn a second chance;

WHEREAS, executive clemency also reflects a 21st-century approach to the criminal justice system that many other states are taking, which recognizes that evidence-based, data-driven practices can help improve public safety by reducing the likelihood that someone might reoffend when the reenter our communities;

WHEREAS, the granting of commutations promotes rehabilitation by providing a system that rewards the positive efforts of incarcerated individuals who demonstrate personal growth and a commitment to change with the possibility of a second chance to contribute to society, become productive members of their communities, make amends, and improve their lives and those of the people around them;

WHEREAS, the granting of commutations can also encourage incarcerated individuals to be accountable, take responsibility, make amends, and seek forgiveness for their actions that have harmed other individuals and the community;

WHEREAS, it is advantageous to commutation applicants, the public, and the Governor to have a uniform application process and an informed review of requests for commutation; and

WHEREAS, this informed review may be ably performed by a board of advisors who have the necessary experience, background, and qualifications, including individuals who have expertise within the criminal justice system, the rights of victims and their families, the law and law enforcement, corrections and incarceration, courts and the judicial process, and treatment, among several other key perspectives.

NOW, THEREFORE, I, TONY EVERS, Governor of the State of Wisconsin, by the authority vested in me by the Constitution and the Laws of the State, including Section 14.019 of the Wisconsin Statutes, hereby create the Commutation Advisory Board ("Board") according to the following guidelines:

1. Membership. The Board shall consist of up to fourteen individuals appointed by the Governor to serve at the pleasure of the Governor, including:
a. The Governor's Chief Legal Counsel, or a designee, who shall be a voting member and shall act as Chair of the Board ("Chair").
b. Other individuals with experience or expertise in the fields of reentry services, victim rights, corrections, and related areas, and who are otherwise able to provide a valuable perspective on the reduction of criminal sentences.

2. Applications for Commutation.
a. In the interest of uniformity, all commutation applicants shall apply using an application that has been provided by the Office of the Governor subsequent to this Order.
b. Any application provided by the Office of the Governor pursuant to subsection (a) of this Section may contain additional conditions, requirements, and procedures for commutation. The Governor may modify these conditions, requirements, and procedures as necessary.
c. No individual currently required to register as a sex offender, or required to so register upon his or her release from incarceration, may be considered as an applicant for commutation under this Order.
d. Applications for commutation relating to particularly egregious crimes as determined by the Governor, which may include crimes of a sexual nature or crimes by adults against children, will not be considered by the Board.
e. Applications for commutation submitted by individuals prior to the issuance of this Order will not be considered by the Board. These individuals may submit a new application using the above procedures.

3. Notice.
a. Judicial and District Attorney Notice
i. An applicant for commutation must provide notice of the application to the circuit court and district attorney's office that oversaw the conviction, if they can be found.
ii. The notice shall include the applicant's name, the crime of which the applicant was convicted, the date and term of sentence, and the date of the applicant's hearing, if known. The notice shall be made using a form provided by the Office of the Governor and shall inform the circuit court and district attorney's office of the manner in which they may provide written statements or otherwise participate in the hearing.
iii. An applicant for commutation must provide this notice at least three weeks before the hearing.
iv. All reasonable efforts must be made to provide this notice. In the application, an applicant must authorize the Board and the Governor's Office to contact the circuit court(s) and district attorney(s)' office(s) directly to request input regarding the application.
b. Victim Notice
i. The Governor's Office or, at the discretion and direction of the Board or the Governor's Office, the Office of Victim Services and Programs ("OVS"), shall provide notice to victims registered with OVS and facilitate input from such victims on applications for commutation.
ii. The Governor's Office and/or OVS shall make a reasonable attempt to provide this notice at least three weeks before the hearing of the application. The notice shall also be published in a newspaper of general circulation in the county where the offense was committed, at least once a week for two successive weeks before the hearing.

4. State Agency Cooperation.
a. The Department of Corrections shall provide records and information at the request of the Board or the Governor's Office.
b. OVS shall, at the discretion and direction of the Board or the Governor's Office, provide notice to victims registered with OVS and facilitate input from such victims on applications for commutation, in accordance with the procedure set forth in Section 3 of Executive Order #287.

5. Operations.
a. Hearings shall be held publicly and at the discretion of the Chair, on a date and at a place set at least three weeks in advance.
b. Five members, including the Chair, constitute a quorum for executive action by the Board.

6. Recommendations.
a. After the conclusion of each hearing, the Board shall meet in closed session, as is permitted by Section 19.85(1)(a) of the Wisconsin Statutes, for the purpose of generating a recommendation as to each heard application. The Board's recommendation shall include what the sentence should be commuted to and any conditions on the Board's recommendation.
b. In evaluating applications, the Board shall consider, among other factors:
i. The impact of a commutation on victims, survivors, and community members;
ii. Whether a commutation is consistent with public safety and in the interests of justice;
iii. An applicant's prison conduct record; and
iv. An applicant's personal growth and development since conviction, including the completion of rehabilitative programs, treatment, education, and work history during their incarceration.
c. If the Board recommends a commutation, the Chair shall convey the Board's recommendation to the Governor.
d. A recommendation from the Board is not binding on the Governor.
e. The Chair shall have the discretion to forward an application for commutation directly to the Governor with a non-binding recommendation, without a hearing or executive action by the Board if:
i. The submitted application meets the eligibility requirements and complies with Sections 2 and 3 of Executive Order #287; and
ii. Sufficient time has elapsed to preclude depreciation of the severity of the applicant's offense.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great seal of the State of Wisconsin to be affixed. Done at the Executive Residence in the Village of Maple Bluff this third day of April in the year of two thousand twenty-six.

Tony Evers
TONY EVERS
Governor

By the Governor:

Sarah Godlewski
SARAH GODLEWSKI
Secretary of State

La Crosse Tribune, Friday, August 18, 2000

Hometown/Wisconsin

Exhibit 1-A

La Crosse man convicted of attempted homicide, burglary

A La Crosse man who broke into a French Island home and beat the homeowner was convicted Thursday of first-degree attempted homicide and burglary.

Childeric Maxy, 35, who was living at 1219 West Ave. at the time of his arrest, faces up to 130 years in prison. Sentencing was set for Sept. 22.

Police were called to a residence in the 1300 block of Nakomis Avenue shortly after midnight Feb. 16. When they arrived, they found Maxy lying on the home's floor with cuts to the back of his head. They also found a male victim covered in blood.

The victim told police he was awakened by a noise shortly before midnight, and thought it was his children coming home. He went to scold them, only to find an intruder in a downstairs room. He said the intruder attacked him and he yelled to his wife to call 911.

After the woman called police, she saw the intruder choking her husband on the floor. She then hit him on the head - once with a wine bottle and twice with a totem pole and a barstool.

A La Crosse County jury deliberated for about 2 1/2 hours Thursday night before returning guilty verdicts about 9 p.m. Maxy also was convicted of felony bail jumping.

TUESDAY, OCTOBER 3, 2000

Exhibit 1-B

Man gets 60 years in attempted homicide
By JOEL HANNAHS
Of the Tribune staff

A 35-year-old man who broke into a La Cross home in the middle of the night and choked the homeowner was sentenced Monday to 60 years in prison.

Childeric Maxy, convicted Aug. 17 by a La Crosse County jury of attempted first degree intentional homicide, will be eligible for release under the supervision of the Wisconsin Department of Corrections, when he is 95 years old.

"Justice has been served," said Peggy Pfister after the court hearing.

On Feb. 25, she came down the stairs of her home in the middle of the night and saw her husband, John, being choked by an intruder. She twice struck the intruder over the head, once with a bottle of wine and once with "totem pole" according to court documents.

John Pfister had unlocked the door when he went to bed, expecting a child to return home. Awakening near midnight, he heard a commotion and assumed it was his child. Instead, it was an intruder, ransacking his guest room. Pfister challenged the man, and they struggled until his wife was able to intervene. Pfister suffered numerous abrasions.

Judge Michael Mulroy made clear that his intent was that Maxy be in prison "until you die" by imposing a sentence that "will in effect, as Mr. Horne says, take the guesswork out of this." District Attorney Scott Horne had asked that Maxy be imprisoned "as long as the law allows."

Maxy gave a rambling statement in which he said he was sorry, and that if he could, he would erase the incident. He also repeated a defense argument that he was unaware of his actions because he had used marijuana.

Mulroy said that by its verdict, the jury had rejected Maxy's testimony, and said he did not doubt that Maxy intended to cause Pfister's death. What the trial did not answer, Mulroy said, is why Maxy selected that residence for the crime.

Mulroy imposed consecutive sentences for attempted homicide and burglary, totalling 60 years, to be followed by an additional 40 years of extended supervision, under the truth-in-sentencing laws.

"This was a nightmare that you put the Pfister's through," Mulroy told Maxy.

SATURDAY, DECEMBER 30, 2000

Exhibit 1-C

COMING SUNDAY
REAL TIME: For Childeric Maxy, a 60-year prison term for attempted homicide and burglary might just as well have been a life sentence. In the past, the 35-year-old Maxy could have hoped for parole after 15 years. But under the state's truth-in-sentencing law, he'll have to reach his 95th birthday to have another chance at life outside. On Sunday, a look what judges and attorneys think of the law a year after it took effect.

SUNDAY, DECEMBER 31, 2000

Exhibit 1-D

Cold hard truth
Doing the crime means doing the time
By JOEL HANNAHS
Of the Tribune staff

"It's been an adjustment for judges, just because you've got some new terminology. It's been a real learning experience.
- Judge John Perlich

When he handed Childeric Maxy 60 years in prison, Judge Michael Mulroy knew that under the state's new truth-in-sentencing law, he was giving Maxy what amounted to a life sentence.

Maxy, already a convicted batterer, was found guilty Aug. 17 of attempted homicide and burglary. A La Crosse couple, John and Peggy Pfister, testified that on Feb. 26, Maxy broke into their home, struggled with John and was finally subdued when Peggy struck him over the head with a bottle of wine and a "totem pole."

Mulroy bluntly told Maxy Oct. 2 that he was sending him away "until you die," with a sentence crafted to "take the guesswork out of this." Mulroy had used the same phrase in 1998, commenting on the new law after it was signed by Gov. Tommy Thompson.

It was among the first La Crosse County cases since truth in sentencing took effect Jan. 1 in which a defendant faced the possibility of significant prison time.

In the past, a 60-year sentence would have meant the possibility of parole after service 25 percent of the time, or about 15 years in this case. In violent cases, parole was more likely to be delayed until as much as 67 percent was served.

But in Wisconsin in the year 2000, early release is becoming a thing of the past. The 35-year-old Maxy will have to reach the 2060 - and age 95 - to walk out of prison.

The simple truth
The concept of "truth in sentencing" has now been the law in Wisconsin for one year. As of Dec. 22, judges had sentenced 1,604 defendants under truth in sentencing, said Bill Clausius, spokesman for the Wisconsin Department of Corrections.

After one year, reaction from among La Crosse judges and attorneys seems cautiously positive. From Judge John

See SENTENCING, A-6

Taxi cab phone number

Page 2, friend's phone number; Videoland card;

Red Lobster, a former employer (I was a dishwasher) at Red Lobster. No one called manager there to talk to her about my employment and conduct; not even my attorney.

Worldphone Card.

Page 3, Labor Ready Card for temporary employment.

Page 4, Hanhover Home Fashion Company - a former employer also; an American Express Card for my former small business that was unsuccessful "MaxSwipe Services".

Page 5, four dollar bills.

Page 7, my social security card; Olsten Staffing Services, another "temporary service".

LOOK AT THIS
SERIOUSLY PEOPLE

"I am a Poster Child for this commutation by the governor" looking at my achievements. But I did not meet the half time limit

PRETRIAL BLOOD SAMPLE

Exhibit 3-A, letter of the D.A. to the state Crime Lab.

The La Crosse D.A. sent letter to the State Crime Lab, for "further testing", after my attorney Russell Hanson puts a motion for testing under §165.79 Wis. Stats., the judge changed the motion "on his own", to a request, and ordered the request for testing under Ch. 971 and had the D.A. do it instead, a real legal technicality.
The Judge removed the advantage that my attorney would have under §165.79; instead gave the advantage to Scott Horne, a friend and co worker of the Judge, when the Judge (Mulroy) was a District Attorney!!!

Exhibit 3-B, First Crime Lab Test done by Guang Zhang, and 2 nanograms of THC detected, method used: microdiffusion and headspace gas chromatography.

At trial Zhang testified that: "2 nanograms of THC is equivalent to a cigarette of marijuana!" False! To reduce the burden of State prosecutor. Those are significant technicalities that lawyers used to win.

Exhibit 3-C, Second Lab Test referred to in D.A.s' letter, language taken from Motion by my attorney Russell Hanson; the method used was gas chromatography/mass spectometry.

Exhibit 3-D, Request for blood draw and analysis by the police under §343.305 (3), normally reserved from drunk driving suspect; but because of my bizarre intoxication state the police had to do this.

for 26 years All The Courts Denied My Motions For Relief!

EVIDENCE THAT THE LAWYERS FAILED TO USE IN MY DEFENSE

1. Attorney Russell Hanson lied to me, telling me that he couldn't find Kevin Larson, the Kwik-Trip clerk who saw me in my state of confusion, nearly before I loss consciousness. Did Kevin seen me in my state of confusion, and did he see me with muddy clothes, and is there a video footage of my entrance in the store, where I shopped regularly with Kevin Larson?????? But notice that Kevin Larson was on the judge's witness list. (See Exhibit 4-A). Why?

2. And there is the juror who sat with the rest of the jury, ate lunch with them, and when it's time for the jury to deliver its verdict, told the judge that she has been to Roxanne Theisen's home, and that she is a customer of hers and that she didn't discussed the crime with Theisen! (See Exhibit 4-B).

3. Looking at Roxanne Theisen's statement to the police (this statement which was hidden from me since the pre-trial). I first saw it [the whole statement] in 2020 (see March 16, 2020 letter of LAIP sent to me); it was hidden because Roxanne Theisen's statement would be the perfect ground to cross-examine the witness Theisen, because of the flop-flap in it.

4. Roxanne Theisen said that: "Julie wanted me to leave her home", she also said I was fixing Julie's computer. She also said that they Julie and she (Roxanne) became worried about me, calling the local tavern to see where I was. Why? Because they felt responsible, worried that I could've been drowning in the Mississippi river? Because Julie gave me pills (which I don't know what they were, Julie Meyer is a nurse) before I disappeared and lost memory, and blacked-out.

5. If Roxanne Theisen and Julie Meyer wanted me to leave their house, wouldn't it been good riddance that I was gone. Why looking for me afterward?

6. Then there is the letter to Mr. Casey in the Madison Public Defender Office, requesting to see a psychiatrist, or psychologist to assist in the criminal case, page 2; on page 3, Mr. Colgan told me: "he didn't have time to listen to my side of the story". And after he heard some of the story told me: "It does not look good for you". Colgan did not consult a psychiatrist or psychologist as I had asked him to do for me. Neither did my subsequent attorney Mr. Hanson.

7. The victim told the health care provider on the first day, on his medical examination, pg. 10a that he "was strangled for a brief period of time, he was not with any loss of consciousness". But on the witness stand he stated the I "strangled him for minutes at a time", that was significant for a trial of attempted homicide by strangulation.

But Look at This Down Here

EDUCATION & ACHIEVEMENTS

I should be eligible for this commutation by the governor, but I am not, because I haven't served half of my total sentence of 60 years. A Lifer can be eligible after serving 20 years. I have more than 20 years; and many certificates, 3 College certificates, one diploma, numerous other certifactes.

CERTIFICIATES WHILE INCARCERATED

Email Governor Evers about this Jim Crow sentence that Judge Mulroy gave me, and the "PSI" wrote that I couldn't be rehabilitated; that was a lie!!! I deserve a commutation of sentence

All these were sent to the governor's board of commutation office

email the Governor on my behalf: Govcommutations@wisconsin.gov
Let me know if you e-mailed Thanks!!!
I am on gettingout.com

Wisconsin Department of Public Instruction
High School Equivalency Diploma
This certifies that
CHILDERIC MAXY
has met the requirements of a high school course of study or its equivalent as determined
by the State Superintendent of Public Instruction and is herewith granted this
State of Wisconsin High School Equivalency Diploma.

Given under my hand and seal of office in the city of Madison, Wisconsin, this 21st day of April 2003.

Equivalency Diploma Number 189680

Elizabeth Burnester
State Superintendent

Northeast
Wisconsin Technical College

This is to certify that
Childeric Maxy
has successfully completed the series of courses in the
Office Assistant Certificate

Communicating-Writing 1 credit
Math-Business 3 credits
Computer: Word Intro 1 credit
Computer: Excel Intro 1 credit
Keyboarding 1 credit
Communicating-Effectively 1 credit
Computer: Windows Intro 1 credit
Computer: Word Part 2 1 credit
Information Proc. Principles 3 credits

Awarded this 19th Day of November, 2003

Northeast Wisconsin Technical College

H Jeff Rafn
Dr. H. Jeffrey Rafn, President
Northeast Wisconsin Technical College

MORAINE PARK
TECHNICAL COLLEGE

The Board of Moraine Park Technical College District, on recommendation
of the Faculty and by virtue of the authority vested in them, grants this
Technical Diploma
to
Childeric Maxy
having satisfactorily met the requirements for completion of a program in
Fundamentals of Building Maintenance & Construction
Together with all the honors, rights and privileges pertaining thereto.
Given at Fond du Lac, in the State of Wisconsin on
April 2018

Bonnie Baewold
Bonnie Baewold, President

Michael R. Miller
Michael R. Miller, Chairperson of the Board

Emmaus Correspondence School
An Extension Ministry of Emmaus Bible College

This certifies that
CHILDERIC MAXY
has successfully completed
20 units of study
by correspondence
ISSUED AT PLANO, TEXAS
DATE APRIL 30, 2004
John R. Daniel
CORRESPONDENCE SCHOOL DIRECTOR

Emmaus Correspondence School
This certifies that
CHILDERIC MAXY
has successfully completed
10 units of study
by correspondence
ISSUED AT PLANO, TEXAS
DATE OCTOBER 31, 2002
John R. Daniel
CORRESPONDENCE SCHOOL DIRECTOR

Emmaus Correspondence School
This certifies that
CHILDERIC MAXY
has successfully completed
15 units of study
by correspondence
ISSUED AT PLANO, TEXAS
DATE MARCH 25, 2003
John R. Daniel
CORRESPONDENCE SCHOOL DIRECTOR

Emmaus Correspondence School
This certifies that
CHILDERIC MAXY
has successfully completed
25 units of study
by correspondence
ISSUED AT PLANO, TEXAS
DATE SEPTEMBER 20, 2005
John R. Daniel
CORRESPONDENCE SCHOOL DIRECTOR