September 5, 2018 at 5:17 p.m.
Vilas DA considering felony charges against former OC medical examiner
Vilas DA considering felony charges against former OC medical examiner
By Fred Williston-
According to Vilas County sheriff Joe Fath, the sheriff's office has turned over the results of an investigation of Mathein to Vilas County DA Martha Milanowski.
Fath told The Lakeland Times his chief deputy and a detective began the investigation in the first week of July after his office was approached by the Vilas County coroner.
According to Fath, the coroner received a call from the state's vital records office in Madison about an irregularity.
All Wisconsin counties are mandated to report births and deaths to the state's office where certificates are centralized.
Fath said a Madison clerk noticed "a Vilas County death had a death certificate issued by the Oneida County ME, which is not something that they see." The clerk contacted Vilas County to confirm its authenticity.
The sheriff said, "It was reported to us that (Mathein) had - without authorization - signed a Vilas County death certificate and also signed a Vilas County cremation order, so we investigated those allegations."
Fath said part of the investigation included an interview with Mathein in which he was cooperative.
"The death actually occurred - or the cause of death happened - in St. Germain, Wisconsin," Fath said.
While all of St. Germain sits within the borders of Vilas County, Fath pointed out there are several homes and businesses on the south side of State Highway 70 which have St. Germain mailing addresses but are part of Newbold or Sugar Camp townships in Oneida County.
When asked if the signatures might be the result of a geographic "oops" on the part of Mathein, Fath said "no, no."
Since turning over his report to Milanowski's office, Fath said he has "not heard anything about what the DA has decided to do yet."
"It's up to the DA," he said, "but we don't typically refer a case unless we've got probable cause a crime was committed."
In a phone conversation with the Lakeland Times, Milanowski acknowledged Wednesday the matter is under review in her office, but gave no indication when a decision will be made.
Each signature - one for the certificate and one for the cremation order - could potentially carry a separate felony charge.
Mathein was placed on paid administrative leave from his position in Oneida County Aug. 23 and resigned his post Aug. 31.
Nine days prior to his being placed on leave, Mathein was a candidate for the office of Oneida County sheriff. He was defeated in the primary by incumbent Grady Hartman in the Aug. 14 primary.
On Aug. 3, Oneida county board supervisor Jack Sorensen filed elections and employee conduct complaints against Mathein for allegedly campaigning in the courthouse on county time and at county expense.
Sorensen characterized himself as "a big Hartman supporter".
In a written response to the complaints, Mathein stated, "I believe that I was not functioning as an employee of the county at the time of our gathering; that I have not violated any employee work rules."
According to Sorensen's complaints, Mathein held a meeting at the courthouse and advertised in two places the refreshments were sponsored by his campaign for sheriff.
Mathein contends he arranged for time off to attend the meeting and was not acting as a county employee at the time.
Corporation counsel Brian Desmond acknowledged gray areas in the law (and county code) when it comes to the limits of politicking on courthouse property.
Shortly after Sorensen filed his grievances, Desmond told The Times he would need to research whether Mathein's activities were prohibited by statute or code.
Immediately after the primary, Mathein publically considered running as a write-in candidate in November's general election.
On Aug. 16, two days after the primary, the Oneida County public safety committee met in closed session to discuss its own internal investigation into Mathein.
Later that day, committee chairman Mike Timmons told The Times the investigation was limited to the complaints filed by Sorensen and did not pertain to Mathein's activities as ME.
Oneida County human resources director Lisa Charbarneau conducted the investigation personally with Desmond assisting.
On Aug. 23, she told The Times Mathein's alleged campaign violations were only "part of it."
As of press time, Mathein has not commented on-record about his resignation or either investigation. He told The Times he intends to release a statement after he has consulted with his attorney.
Had he remained in office, Mathein was slated to take over ME duties in Vilas County as of Jan. 1. The Vilas County board eliminated the office of county coroner effective at the end of this year. Mathein was instrumental in brokering the consolidation deal between the two counties. Oneida County also has jurisdiction as the ME authority in Forest County.
In her most recent communication with The Times, Charbarneau said no interim replacement had been named for Mathein and his deputies - Crystal Schaub, Andrew Nelson, and Bernadette Stoehr - will run the department until further notice.
Fred Williston may be reached via email at [email protected].
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