Wisconsin governor seeks to remove DA who ’sexted’ domestic abuse victim during case

By Ryan J. Foley, AP
Monday, September 20, 2010

Wisconsin governor seeks to remove DA from office

MADISON, Wis. — Wisconsin’s governor says he’ll start the process to remove a prosecutor caught sending sexually-harassing text messages to a domestic abuse victim as soon as he gets a proper complaint.

At a news conference Monday in Madison, Wis., Gov. Jim Doyle said he was appalled by Calumet County District Attorney Ken Kratz’s behavior. He says he first needs to get a “verified complaint” from a taxpayer in Calumet County. The abuse victim does not live in that county.

Kratz has acknowledged sending 30 text messages in three days last year to a woman while he was prosecuting her ex-boyfriend in an abuse case. He apologized and went on medical leave but has refused to resign.

Wisconsin governors have the power to remove county officials like Kratz for cause.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

MADISON, Wis. (AP) — The Wisconsin prosecutor caught sending racy text messages to a domestic abuse victim went on medical leave Monday and hired an attorney to help him keep his job.

Calumet County District Attorney Ken Kratz, 50, acknowledged last week he sent 30 text messages in three days trying to start an affair with a 26-year-old woman while he was prosecuting her ex-boyfriend in an abuse case. In the texts, he asked whether she was “the kind of girl that likes secret contact with an older married elected DA,” called her a “tall, young, hot nymph,” and questioned whether her low self-esteem was to blame for her lack of interest.

According to records obtained Monday by The Associated Press, Kratz started sending the texts minutes after he told the woman, Stephanie Van Groll, he was considering reducing the charge against ex-boyfriend — a move she did not support.

Gov. Jim Doyle planned to meet with Attorney General J.B. Van Hollen on Monday afternoon to discuss Kratz and then hold a news conference on the topic. Doyle said last week he was considering all options against Kratz, including removing him from office for cause.

If Doyle takes that step, Attorney Robert J. Craanen, who told The Associated Press he was hired to defend Kratz from attempts to remove him from office, said Kratz would have the option of contesting the decision in a hearing. Craanen said he would argue that other district attorneys have committed more serious misconduct related to withholding evidence and kept their jobs.

“This is just a really inappropriately bad mistake by this DA after many years of commitment to the community,” Craanen said. “This could potentially wreck his career. It’s got nothing to do with evidence, with misdoing, he was never charged with anything. … He’s the first to admit this was quite a mistake, but it shouldn’t really define his career. And he’s been a great DA.”

At the time of the texts, Kratz was prosecuting Van Groll’s ex-boyfriend Shannon Konitzer for felony strangulation and misdemeanor disorderly conduct. Authorities say Konitzer grabbed her by the neck and threw her to the ground in a jealous rage, got on top of her and strangled her with both hands. She eventually got away and called police.

Van Groll told state investigators the text messages started coming after she met with Kratz to be interviewed about the case. She said she thought it was odd he asked at the end of the conversation whether she would mind if he reduced the charge from a felony to a misdemeanor, according to the Division of Criminal Investigation records made public Monday. She responded that strangulation is a felony.

Minutes after she left his office, Kratz started sending the series of messages.

Van Groll’s attorney, Michael Fox, said the discussion of a lesser charge gave the text messages greater impact. Van Groll told police she felt pressured to bow to Kratz’s wishes or worried he’d retaliate.

“She was frightened that, to the extent she didn’t at least be civil to this district attorney, that charge might be lessened and her greatest fear was that it would be dropped altogether,” Fox said. “Whether intended or not, it amplifies the harmful nature of the statements he made to her.”

Kratz and his attorney did not return messages seeking comment about the DCI records, which were released to the AP under the public records law.

After Van Groll complained to police about the harassment, the state Department of Justice acted as special prosecutor against Konitzer. He was convicted of felony strangulation and sentenced to jail time and probation. The disorderly conduct charge was dropped as part of a plea deal.

Monday’s news that Kratz is on indefinite medical leave comes after he announced Friday he would get therapy but take time off only as the court calendar would allow.

Kratz, who has been in his position since 1992, has rejected calls from state lawmakers, a coalition of advocates for crime victims, his peers and state newspapers to resign from his $105,000 per-year job. He is not up for re-election until November 2012.

State Rep. Bob Ziegelbauer of Manitowoc joined the calls for Kratz’s resignation Monday. The Wisconsin Coalition Against Domestic Violence blasted Kratz’s decision to go on leave and renewed its call for Doyle to remove him.

“It appears he is again attempting to make more excuses,” the group said in a statement. “Sexually harassing a vulnerable victim is the result of a serious lack of integrity, not a medical condition.”

Kratz’s absence leaves only one prosecutor in his office, Jeffrey Froehlich, and several pending cases that Kratz was prosecuting. For instance, Kratz said last week he would handle a sexual assault trial set to begin Wednesday and other important cases he couldn’t reassign.

In the statement Monday, Kratz said he believed the court would “make reasonable calendar adjustments consistent with the office staffing level.”

Craanen would not comment on Kratz’s medical condition or estimate how long he would be on leave. Last week, Kratz said he would get individual psychotherapy treatment for “this issue,” but would not elaborate.

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