APNewsBreak: Wis. DA asked victim about reducing charge against ex before sending racy texts

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

APNewsBreak: DA weighed lesser charge before texts

MADISON, Wis. — A Wisconsin prosecutor told a domestic abuse victim he was considering a lesser charge against her ex-boyfriend before sending her text messages trying to start a relationship.

Stephanie Van Groll told investigators that Calumet County District Attorney Ken Kratz asked whether she minded if he reduced the charge against her ex from a felony to a misdemeanor.

According to records obtained by The Associated Press on Monday, she responded during the conversation last October that strangulation was a felony.

Minutes after she left his office, Kratz started sending her a series of text messages in which he tried to start an affair.

Kratz and his attorney did not immediately return messages.

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 who argues the matter should not cost him his job.

The announcement that Calumet County District Attorney Ken 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. He did not specify why he was on medical leave.

Kratz acknowledged last week he sent 30 text messages in three days trying to start an affair with a domestic abuse victim half his age while he was prosecuting her ex-boyfriend. In them, he asked whether she was “the kind of girl that likes secret contact with an older married elected DA” and called her a “tall, young, hot nymph.”

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.

Attorney Robert J. Craanen told The Associated Press Monday he was hired to defend Kratz from any attempts to remove him from office. Craanen said he would argue that other district attorneys have committed more serious misconduct related to withholding evidence and kept their jobs.

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

If Doyle takes that step, Craanen said Kratz would have the option of contesting the decision in a hearing.

“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.”

State Rep. Bob Ziegelbauer of Manitowoc joined the calls for Kratz’s resignation Monday.

“Kratz has made serious mistakes which permanently undermine his credibility and impair his ability to properly carry out his duties,” he said in a statement.

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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