The state Supreme Court ruled against an appeal Wednesday
that would?have allowed defendants of criminal cases access?to police
reports prior to their preliminary court?hearing.

The decision struck a blow to?efforts to make legal
procedure more transparent for defense attorneys and defendants
in?criminal cases.

Attorney John Buting spoke on behalf of his wife and legal
partner, Kathleen Williams, who represented the defendant in the case.

“So many flaws in our system have been revealed over
the years, particularly all the wrongful convictions and DNA
exonerations,” he said. “It really is time to open up the
process.”

Buting added this element of criminal procedure puts the
defendant at a significant disadvantage in relation to the prosecution.

Kevin St. John, a spokesperson for the Wisconsin Department
of Justice, said the concerns of the defense were unfounded.

“There are adequate and appropriate means for the
defendant to have access to information in the state’s position,” he said.
“Allowing a defendant to get this information prior to the preliminary
hearing would be burdensome and would not have a corresponding benefit in terms
of a fair trial.”

St. John added the decision is concurrent with Wisconsin
statutory law. Current Wisconsin law denies a criminal defendant from obtaining
police reports through a subpoena before the preliminary hearing.

There are other options, however, by which police reports
can be obtained by a defendant, including requesting the information from the
state and corresponding state approval or obtaining the information through a
third party.

The court opinion found there was no basis in state statutes
or the state constitution for allowing a criminal defendant to subpoena police
reports prior to a preliminary hearing.

Buting said this decision may conflict with Constitutional
law and?said he is considering other legal options, including an appeal to
the United States Supreme Court.

Buting added though the U.S. Supreme Court has generally
been reluctant to hear cases like this, he is optimistic for the case’s future.

The decision handed down by the Wisconsin Supreme Court on
Wednesday dealt with a 16-year-old case in which Donald Schaefer, a Wisconsin
man charged with sexual assault, was denied a subpoena request that would
release police information relating to his case.