Maxwell J. Verkuilen

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Charge:	Sexual Assault (includes aggravated)
Sentence:	4 years & 6 years probation
Years Imprisoned:	4.67
Year Crime:	2002
Year Convicted:	2003
Year Cleared:	2007
U.S. State or Country of Crime:	Wisconsin
County or Region of Crime:	Outagamie
City of Crime:	Appleton
Result:	Judicially Exonerated Released
Summary of Case:	"Maxwell J. Verkuilen was wrongly convicted in August 2003 of two counts of sexual assaulting Erin Schubert in Appleton, Wisconsin on June 11, 2002. The prosecution's case was based on Schubert's testimony and the testimony of a registered nurse -- Jean Coopman -- who testified Schubert had "injuries" consistent with non-consensual sex. Verkuilen testified in his defense that he and Schubert had consensual sex. The jury convicted Verkuilen on August 27, 2003, and on February 23, 2004 he was sentenced to serve four years imprisonment to be followed by six years probation (Three years imprisonment and six years extended supervision on the first count, concurrent with four years' initial confinement and six years' extended supervision on the second count.). On January 19, 2005, Verkuilen filed a postconviction motion, seeking a new trial on the basis of multiple errors. The court denied the motion and Verkuilen appeals, alleging multiple errors constituting ineffective assistance of counsel. These errors include failure to: call an expert to rebut Coopman's testimony; ask for a Shiffra[2] hearing regarding Schubert's use of the drug Zoloft; subpoena a character witness against Schubert; rebut the State's evidence about "rape trauma syndrome;" strike a juror for cause; and object to references to a statement of Verkuilen's. After the trial court denied Verkuilen's motion, he appealed. On January 23, 2007 the Wisconsin Court of Appeals reversed Verkuilen's conviction on the basis of ineffective assistance of counsel. The Court stated: "the failure to call an expert to rebut Coopman effectively stripped Verkuilen of any defense. Coopman essentially rendered impossible Verkuilen's claim the sex was consensual." (State v. Verkuilen, No. 2005AP1652-CR (Wis. Ct of Appeals, 3rd Dist., 1-23-2007)) The charges were dismissed on August 20, 2007 after the prosecution filed a motion to dismiss after the alleged victim refused to authorize the release of her medical records. On December 9, 2014 the Wisconsin Claims Board awarded Verkuilen compensation of $15,416.76 for his 3 years one month of wrongful imprisonment, and $9,600 reimbursement for his legal fees challenging his original conviction. Verkuilen was incarcerated from his arrest on June 10, 2002 until he was released on $5,000 bail on February 5, 2007 -- but he was only eligible for compensation for the time he was incarcerated after his conviction."
Conviction Caused By:	Ineffective assistance of counsel.
Innocence Proved By:	"On January 23, 2007 the Wisconsin Court of Appeals reversed Verkuilen's convictions on the basis of ineffective assistance of counsel. The charges were dismissed on August 20, 2007 after the prosecution filed a motion to dismiss after the alleged victim refused to authorize the release of her medical records."
Defendant Aided By:
Compensation Awarded:	"$25,016.76 (State of Wisconsin, Dec. 9, 2014)"
Was Perpetrator Identified?
Age When Imprisoned:	25
Age When Released:	30
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"State v. Verkuilen, 299 Wis. 2d 782, 728 N.W.2d 373 (Wis. Ct of Appeals, 3rd Dist., 1-23-2007) (Unpublished) (Reversing conviction based on ineffective assistance of counsel.)"
Information Location 1:	http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=27895
Information Source 2:	"Maxwell Verkuilen, By Board Granting Compensation, Wisconsin State Claims Board, December 9, 2014, pp. 4-7"
Information Location 2:	http://claimsboard.wi.gov/docview.asp?docid=26285&locid=28
Information Source 3:	"Ex-prisoner gets $25,000 for wrongful imprisonment, By Staff writer, MacroInsider.com, December 31, 2014"
Information Location 3:	http://www.macroinsider.com/breaking/ex-prisoner-gets-25000-for-wrongful-imprisonment-h22292.html
Information Source 4:	"State v. Maxwell Verkuilen, Docket for Appeal Number 2005AP001652 - CR, Wisconsin Court of Appeals District 3 (last visited 1-5-2015)"
Information Location 4:	http://wscca.wicourts.gov/appealHistory.xsl;jsessionid=72AFC9A869E983211EC8911997315EC2?caseNo=2005AP001652&cacheId=13BFCE522A0EE5EC783C0FD5767E82E3&recordCount=1&offset=0&linkOnlyToForm=false&sortDirection=DESC
Information Source 5:	"State v. Maxwell Verkuilen, Docket for Outagamie County Circuit Court Case Number 2002CF000471 (last visited 1-5-2015)"
Information Location 5:	http://wcca.wicourts.gov/courtRecordEvents.xsl;jsessionid=BD025685D59A4A1D8AFEC8C021EEA5E9.render6?caseNo=2002CF000471&countyNo=44&cacheId=DBB47F83561AC5A3329A26699AB0A7D9&recordCount=31&offset=13&linkOnlyToForm=false&sortDirection=DESC
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Maxwell J. Verkuilen

Charge:

Sexual Assault (includes aggravated)

Sentence:

4 years & 6 years probation

Years Imprisoned:

4.67

Year Crime:

2002

Year Convicted:

2003

Year Cleared:

2007

U.S. State or Country of Crime:

Wisconsin

County or Region of Crime:

Outagamie

City of Crime:

Appleton

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Ineffective assistance of counsel.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

"$25,016.76 (State of Wisconsin, Dec. 9, 2014)"

Was Perpetrator Identified?

Age When Imprisoned:

25

Age When Released:

30

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. Verkuilen, 299 Wis. 2d 782, 728 N.W.2d 373 (Wis. Ct of Appeals, 3rd Dist., 1-23-2007) (Unpublished) (Reversing conviction based on ineffective assistance of counsel.)"

Information Location 1:

http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=27895

Information Source 2:

"Maxwell Verkuilen, By Board Granting Compensation, Wisconsin State Claims Board, December 9, 2014, pp. 4-7"

Information Location 2:

http://claimsboard.wi.gov/docview.asp?docid=26285&locid=28

Information Source 3:

"Ex-prisoner gets $25,000 for wrongful imprisonment, By Staff writer, MacroInsider.com, December 31, 2014"

Information Location 3:

http://www.macroinsider.com/breaking/ex-prisoner-gets-25000-for-wrongful-imprisonment-h22292.html

Information Source 4:

"State v. Maxwell Verkuilen, Docket for Appeal Number 2005AP001652 - CR, Wisconsin Court of Appeals District 3 (last visited 1-5-2015)"

Information Location 4:

http://wscca.wicourts.gov/appealHistory.xsl;jsessionid=72AFC9A869E983211EC8911997315EC2?caseNo=2005AP001652&cacheId=13BFCE522A0EE5EC783C0FD5767E82E3&recordCount=1&offset=0&linkOnlyToForm=false&sortDirection=DESC

Information Source 5:

"State v. Maxwell Verkuilen, Docket for Outagamie County Circuit Court Case Number 2002CF000471 (last visited 1-5-2015)"

Information Location 5:

http://wcca.wicourts.gov/courtRecordEvents.xsl;jsessionid=BD025685D59A4A1D8AFEC8C021EEA5E9.render6?caseNo=2002CF000471&countyNo=44&cacheId=DBB47F83561AC5A3329A26699AB0A7D9&recordCount=31&offset=13&linkOnlyToForm=false&sortDirection=DESC

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