Documents containing police interviews with the members of the state’s highest court addressing the details of a physical altercation between two justices in June provided conflicting accounts of the incident.
The documents, released by Dane County Sheriff’s Office and obtained by the Milwaukee Journal Sentinel, reveal varying accounts of the encounter in which Wisconsin Supreme Court Justice David Prosser put his hands on Justice Ann Walsh Bradley’s neck in Bradley’s office on June 13.
A special prosecutor in the case finished her evaluation of the June 13 incident without filing criminal charges against those involved, according to a statement by the Wisconsin Judicial Review.
In the documents, Prosser said he went looking for Chief Justice Shirley Abrahamson to address his concern that the court had not yet published a statement regarding the status of their ruling in favor of Gov. Scott Walker’s collective bargaining measure.
Abrahamson said in the documents she and Bradley were in Bradley’s office discussing the dissent position on the collective bargaining case before the altercation with Prosser occurred.
Prosser and three other justices from the concurring opinion entered Bradley’s office and found her with the chief justice, Prosser reported.
Prosser said he was in the midst of telling Abrahamson he had lost confidence in her ability to control the court when Bradley charged at him with her right fist raised, the documents said.
Bradley said she did not charge at Prosser but was instead walking toward the door behind him and was pointing at the door, telling him to leave her office, the documents said.
In the documented account, Prosser said he had been talking with his hands when Bradley walked towards him and as he leaned backward his hands came up slightly.
“Did my hands touch her neck? Yes. I admit that,” Prosser said in the documents. “Did I try to touch her neck? No. Absolutely not. It was a simple reflex.”
Bradley’s account claims Prosser brought his hands up and forced her into a “choke hold,” long enough for her to tell him to stop. While she said Prosser’s hands had been fully around her neck, she did not feel any pain or bruising from the incident.
Abrahamson said in the documents she witnessed Prosser become progressively agitated throughout the meeting in her office on June 13. She said Prosser brought his hands up around Bradley’s neck but did not believe he applied any pressure to the area.
Bradley did not make contact with Prosser before or after the encounter, Abrahamson said in her account.
“She never touched him,” Abrahamson said. “I’m certain of that.”
The altercation was the first time Abrahamson said she had seen a physical confrontation between Prosser and another member of the judicial body.
The evaluation of the incident will be under judicial review by Wisconsin Judicial Commission to determine any possible judicial misconduct in the case, a WJC statement said.