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Larraine McNamara-McGraw: A Passion for Justice
by Michael Timm, photo by Kurt Johnson

To Riverwest resident
and civil rights lawyer
Larraine McNamara-
McGraw, a good community
prosecutor is a cross between
a priest and an undertaker:
“You don’t want ‘em if you
don’t need ‘em, but you want
to know you can trust them,”
she said.
The physically
slight but verbally
pugnacious
McNamara -
McGraw hopes
to be Milwaukee
County’s next
chief community
prosecutor
– District Attorney.
She believes she has
the trustworthiness,
fearlessness, vision and the
leadership experience to
reform the DA’s office into
an institution that more
fairly delivers justice to all.
If elected, she has pledged to
prohibit convictions based
only on untaped or unsigned
confessions, to eliminate
the inquest jury, to update
technological systems, to
recruit diverse employees
and to change policies she
said currently promote
unjust discrimination.
Her primary opponent is
Assistant District Attorney
John Chisholm, a 12-year
veteran of current District
Attorney E. Michael McCann’s
administration. McCann
is retiring after 37 years at
the post and has endorsed
Chisholm, though Chisholm
has sought to distance himself
from McCann.
The primary election
between
Chisholm and
Mc Namara -
McGraw, both
running as
Democrats,
is Sept. 12.
The winner
will face
independent
Lew..... Wasserman in
the Nov. 7 general election.
The next DA will inherit
an office with a tarnished
reputation and face the
challenge of restoring public
trust in Milwaukee’s criminal
justice system.
Individual Justice
McNamara-McGraw, who
graduated from Marquette
University Law School in 1982.
She served as a public defender
from 1982 to 1989 before
serving as District 3 alderman
until 1996. She started her own
practice in 1997.
Her top priority as DA? “Equal justice for
all.”
In the 21st century, she sees no reason why
confessions can’t be taped and every reason
why they should be: “[I]t’s economically
disastrous. It’s socially destructive. And it
can be stopped,” she said. “When I’m elected
I will stop – stop – the issuing of any charges
that are based solely on confessions that are
not signed or not taped. That is unfair.
“If it’s not good enough for ‘Law & Order,’
it’s not good enough for Milwaukee,” she
said.
The use of the secret, advisory inquest juries
to acquit cops who have killed citizens is
also wrong, McNamara-McGraw said.
“…[W]hen you have a public system that
convicts and a private system that acquits
[inquest jury], the public is right to wonder
and to conclude that there is something
wrong there,” she said. “...But we’re getting
bamboozled in the press with the idea that
it’s something legit and it’s not.”
She has faced criticism because she has
never been a prosecutor.
“If that were a requirement, we’d have five or
10 deputy DAs running for office,” she said.
“I think what we’re looking for is experience
and leadership.”
Culture Shift Needed
McNamara-McGraw pointed to the killing
of Frank Moore II on July 22 as an example
of how the culture of the county justice
system is broken. Sidney Gray allegedly
killed Moore one day after Gray was released
from jail when the DA’s office did not press
burglary charges based on the testimony of
a witness.
“Now that didn’t have to happen. While
this system is cranking out thousands of
convictions of young black and Latino men,
sending them up to Tommy Thompson’s
prisons, we’re letting out the violent
criminals because we don’t want to listen?
There’s a breakdown here. It doesn’t have to
be that way. But there’s a breakdown. That’s
what I’m aiming to end.”
She also takes issue with Chisholm’s plan
to expand the community prosecution
unit, which distributes district attorneys
throughout the county, comparing these
DAs with embedded journalists and arguing
their integrity is compromised.
With the Moore case, “…the problem wasn’t
where the DA was located, the problem was
that the DA didn’t pick up the phone and
call that witness,” she said.
McNamara-McGraw also criticized the
handling of the case against the police
officers accused of beating Frank Jude Jr.
“I ask you: Where does the reasonable doubt
attach when three guys are sitting there in
front of one jury? They all do this: I didn’t
do it; he did it.” She said for that reason the
acquittals were predictable.
Changing Priorities
McNamara-McGraw sees the county’s
biggest issue as caring for its children.
This is a social justice issue but it’s also
one relevant to the taxpayer, she said. She
estimates it costs the Milwaukee taxpayer
$26,000 per year to keep someone in prison
as compared to closer to $17,000 per year to
keep someone in MPS.
Thus the DA should set a justice tone that
young people should be in school rather
than prison, she said, and that education is
more important than incarceration.
“What good is it to send someone to prison
for child abuse or elder abuse or abuse of a
young woman if it’s going to happen again,
if we haven’t ended it, if we haven’t done
something to prevent it?”
McNamara-McGraw said that hard-line
policies have interfered with individual
justice.
“I’m not saying we need crime everywhere,
but we need to be a little more compassionate
in our delivery of justice so that it’s fair
across the board and doesn’t unfairly cut a
young person off from a future that might
include college and a profession and a life
by hanging crimes on them.”
As DA, she would favor sending fewer
nonviolent drug offenders to prison,
decoupling drug convictions with loss of
driver’s license and considering some sort
of amnesty program for thousands of young
people who obtain criminal records from
driving without a license or cycle into other
traffic offenses.
She also wants to modernize the DA’s
“arcane” office technology, for example,
making it possible for DAs to upload case
briefs.
At the same time, she decried the one organ
of the criminal justice system that is visibly
online, the Consolidated Court Automation
Programs (CCAP). She said CCAP has
become “a virtual soap opera for people to
abuse” and contains “thoughtlessly invasive
information” that harms the reputations of
citizens, as in the case of potential employers
evaluating whether to hire someone based
on the civil and criminal court records
posted on CCAP.
Debt to Riverwest
McNamara-McGraw, 56, has lived in
Riverwest since 1987, calling it “the best
place to live in Milwaukee.”
Outside her ivy-covered home above the
Milwaukee River, and among her wildflower
gardens of purple and orange, it’s somehow
appropriate that the prospective DA cites
her favorite book as No Time To Lose, in
which author Pema Chodron describes the
way of the Buddhist “bodhisattva warrior.”
She recalled the moment of crystallization
for her campaign – June 11 while
volunteering at the Riverwest Investment
Cooperative booth (she is a RIC member) at
the Locust Street Festival. She described the
scene as “a tall, white man went barreling
through the crowd” collecting signatures
on his nomination papers for the district
attorney’s race. McNamara-McGraw said
when she realized Chisholm was running
unopposed, she decided to run for DA.
“In my gut since I was nine years old,” she
said, “I’ve understood that democracy
abhors a vacuum.”
The Opposition
John Chisholm
John Chisholm has been working at the Milwaukee DA’s office
as Assistant District Attorney since 1994 and is the classic
“insider” candidate. His campaign literature, available at www.
chisholmforda.com, places particular emphasis on his current
supervisory role with HIDTA (High Intensity Drug Trafficking
Areas). He also heads up the gun unit, which has received some
criticism for inflating numbers by including unrelated buyback
guns in the total, according to the Milwaukee Journal Sentinel.
Chisholm has recently been endorsed by local labor groups and
police organizations. Chisholm’s plan to apprehend the “handful
of bad cops [who] have sullied the reputation of our entire
police system,” however, involves the creation of an impartial
investigating team who “have no connection to the Milwaukee
DA’s office or the MPD.” It is unclear what prosecutory powers
this team would have.
Chisholm is a graduate of Marquette University High School and
Marquette University. He served for two years in Korea, earning
the rank of 1st Lieutenant, and subsequently obtained his law
degree from the University of Wisconsin-Madison on the GI
Bill.
Lew Wasserman
Lew Wasserman, a Milwaukee defense attorney, is running for
County District Attorney as an Independent.
In a recent e-mail, Wasserman proposes some radical changes to
the DA’s prosecution methods. He wants to end the prosecution
of minor drug offenses, instead “shifting assistants to homicide
cases.”
Wasserman also wants to step up enforcement of illegal gun and
ammunition possession in a novel way: by placing assistant DAs
and several cops “...at the entrance of every gun store” to ensure
gun and ammunition sales are limited to legal possessors.
Conservative blogger Jessica McBride writes that, as a response
to tension over the apparent lack of energy put toward the
investigation and prosecution of “bad cops,” Wasserman proposes
the outright prohibition of all-white juries.
Riverwest Currents online edition - September, 2006
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