For the second time in the ongoing investigation into an alleged choking incident involving Justice David Prosser and Justice Ann Walsh Bradley, a Dane County official has had to recuse himself from the case. District Attorney Ismael Ozanne announced today that he is turning the matter over to a special prosecutor because of concerns over the public’s reaction to his handling of the case. Ozanne acknowledged that it would be difficult for the public to accept his office’s handling of the affair since he was the aggressive prosecutor who challenged the state’s new law limiting collective bargaining for public employees. It was during the appeal of the lower court’s decision that the alleged altercation between the justices took place.
Ozanne’s decision comes after Dane County Sheriff Dave Mahoney recused himself from the investigation after Media Trackers and other groups brought to light substantial conflicts of interest between Mahoney’s previous political and professional work and the subjects of the investigation. Research is still ongoing into the reasons why Capitol Police Chief Charles Tubbs inexplicably turned the initial law enforcement investigation over to Mahoney. It was discovered that Tubbs was a political contributor of Mahoney’s when the later was running for sheriff.