October 3, 2016 at 3:56 p.m.
Rhinelander man receives 10-year prison sentence in child abuse case
Winkler eligible for parole as sentence falls under guidelines in effect in 1996
Rhinelander man receives 10-year prison sentence in child abuse case
Michael W. Winkler, Sr., was charged July 17, 2015 with the class B felony of repeated sexual assault of a child in connection with acts the state has alleged occurred between May 1, 1994 and June 9, 1995. He waived his preliminary hearing on the charge Aug. 20, 2015, and several motion hearings were held in anticipation of a four-day jury trial. However, on May 17, Winkler entered an Alford plea to a reduced charge of child abuse (intentionally causing great harm), as part of a plea agreement.
As part of the agreement, special prosecutor Steve Michlig said the state would not prosecute Winkler for sexual assaults on up to 11 children. Michlig also told Branch I Judge Patrick O'Melia that the state would only ask for a maximum prison sentence of five years followed by five years of extended supervision, or the equivalent of that under the previous sentencing guidelines.
O'Melia ordered a pre-sentence investigation and Winkler's attorney Sharon Gisselman also had an PSI completed. The victim, who is now a registered sex offender, told a Rhinelander police detective that he believes the abuse he suffered at Winkler's hands played a part in his own aberrant behavior.
There is no statute of limitations on sex crimes against children under 13 in Wisconsin. Since the crimes occurred before the current truth- in-sentencing law came into effect, both sides and the judge agreed that any prison sentence handed down would be under the old law, meaning Winkler will become eligible for parole consideration at some point.
Winkler was convicted of first-degree sexual assault of a child in Oneida County on Feb. 18, 1988 in Oneida County and therefore has a lifetime requirement to register as a sex offender.
During the sentencing hearing, Michlig told O'Melia that the victim called him in February 2005 wanting to talk about what Winkler did to him, but it wasn't until spring of 2015 that investigators were able to gather enough evidence to press charges.
In a statement to the court, the victim described what he endured at Winkler's hands and how it led him to abuse children himself. He also said that when he tried to get people to listen to him, he was rebuffed.
"Everyone is calling me a liar," the man said. "It caused me to become estranged from my family, it's given me a bad reputation."
He also said he started doing the same things to children when he was a juvenile. He eventually spent a great deal of time in juvenile detention facilities throughout Wisconsin.
"Who taught you to behave that way?" Michlig asked.
"Michael did, by molesting me," the man replied.
Under questioning by Gisselman, the man admitted he moved in with Winkler for a time when he was 18 or 19 but said it was only because he had nowhere else to live.
Following the testimony from the victim, Michlig explained that at the 1988 sentencing the judge at the time knew of at least two other victims that Winkler had sexually assaulted. He asked O'Melia to take them into consideration in this case. He also said that in offering the plea agreement, the district attorney's office did not interview the other potential 11 victims, and those investigations would not be reopened.
He told O'Melia he had a written message from the victim in this case on his desk for nearly 10 years as he served as an assistant district in Oneida County. He explained that he couldn't think of a way to reopen the case at that time, but eventually gave the message to Det. Sgt. Josh Chiamulera after he was able to close the June 2003 death of Kenneth Wells earlier this year when Shannon Wolf and his ex-wife Latoya Wolf were each sentenced to prison for second-degree intentional homicide as a party to a crime.
"I thought that if anyone could bring resolution to this case, it was Detective Chiamulera," Michlig said.
He added that Chiamulera was able to interview the victim and eventually obtained enough information to proceed with the original charge while laying the groundwork to expand the charges if the other alleged victims had been contacted.
Michlig said Winkler's sentencing won't be the end of the damage that he caused, but he hoped it will be the start of closure for the victim who testified as well as the alleged other victims. That the victim in this case went on to sexually assault children was an example of how one crime can lead to others, he added.
"Most children do not grow up to commit sexual assault unless they are a victims themselves," Michlig said.
During her sentencing argument, Gisselman said the argument that Winkler's behavior caused the victim to sexually assault children himself was unfair.
"At some point in our lives, we have to stop pointing our finger at others for the horrible things that happen to them," she said of the victim. "We have to start realizing that there has to be consequences to our actions."
She also noted that Winkler no longer has access to children, isn't a threat to society and the crime happened 20 years ago.
"For him, at his age, putting him in prison would be just warehousing him," Gisselman said.
Speaking on his own behalf in asking for leniency, Winkler denied abusing the victim and said he worked very hard in counseling to get over the impulses that led to the 1988 conviction.
"I've worked very hard to straighten out my life," he said.
He also said that the victim in this case knew the other 11 alleged victims and claimed he may have used them to get back at him. Winkler also said that when the victim lived with him as a juvenile, he was "out of control."
"I tried to do the best I could for the guy," Winkler said.
O'Melia noted that in entering the Alford plea, the prosecution doesn't have to prove its case.
O'Melia said one of the two PSI reports said that the victim from 1988 said that Winkler was very good at grooming and manipulating his victims, and noted his 15-minute address in court was an excellent example of that.
The judge also said that remorse, one of the factors he has to take into account as part of crafting a sentence, is hard to gauge in Winkler, who steadfastly refused to admit he did what he was accused of doing.
"I don't think you have the human skill to feel remorse for others," he said.
"There is a lot of wreckage here to go around, a lot of victims, and the one thing in common is you," he added.
O'Melia noted that there is a cycle to violence against children in this case that stretches both forward and backward, and that Winkler is probably a victim himself. He also noted that the typical nine or 10-year-old victim of an abuser is not going to come forward immediately because they don't think anyone will believe them. It is once they reach adulthood that they often have the courage to admit to themselves and others what occurred.
He also said that while probation is supposed to be the first consideration in sentencing, Winkler's past conviction disqualifies him from that option.
"Not putting Mr. Winkler in prison would depreciate the seriousness of the offense, clearly," he said before handing down the 10-year sentence.
Under the old sentencing system, persons usually spent two-thirds of the time they were sentenced to serve behind bars, with parole making up the rest, Michlig said. He said he wasn't sure how long Winkler would serve behind bars before he would first be eligible for parole consideration.
"It's been over 17 years since this type of sentencing was used," he said.
Jamie Taylor may be reached at jtaylor @lakelandtimes.com.
Comments:
You must login to comment.