DISTRICT ATTORNEY MARTIN J. LIPSKE I.            Introduction

As a DA, Martin Lipske swore an oath to uphold all required duties of that office and is responsible for full and complete investigation of any case he brings to trial. But beyond executing an initial search warrant based on Connie's statements, and even though Don told DA Lipske and police there is an eyewitness to the fact he is falsely accused and of telephone records that prove Connie is fabricating her story, DA Lipske conducted NO investigation in Don's case. Even the `investigating' Iron County Sheriffs Deputy, Joe Robinson, admitted under oath at Don's trial that there was no investigation into anything Don told police to investigate. DA Lipske simply took Connie's story and ran with it, though he knew she was previously convicted of crimes that involved lying to the police.

DA Lipske also knew Connie had previously made very similar accusations against other men; sent a prior boyfriend to prison for rape; knew her accusations were inconsistent, contradictory, ever-changing, that her initial complaints were insufficient to cause Don's arrest; that her initial written complaint about Don actually denied rape, and that even while Don sat in jail awaiting trial here she proceeded in Michigan court accusing yet another man of crimes. Despite all this, Iron County DA Martin Lipske conducted no investigation into anything Don told him to investigate. This was not negligence; it was Mr. Lipske's deliberate choice. He knew any thorough investigation would clear Don.

DA Lipske's initial investigation (search warrant) proved Connie was NOT telling the truth, so he simply stopped investigating. He knew Connie was lying. In fact, at a pretrial hearing, DA Lipske admitted on record that "There is falsely accused information" in Connie's police reports and seemed ready to drop the case, but Judge Madden narrowed his eyes and glared. DA Lipske then said, "But the state isn't looking for any at this time." He had just admitted that Connie made false accusations, and then in the next breath said he `isn't looking for any'. He was also told about records that prove the accusations against Don are false and that aspects of Connie's story are impossible. DA Lipske refused to obtain the records, but Don's attorney did, and they prove Connie's story is a lie. Even if one chose to ignore all other evidence, these certified phone records standing alone conclusively prove Connie told many lies at Don's preliminary hearing and trial.

DA Lipske was also there at trial when Connie herself admitted that her accusations are inconsistent, contradictory, had evolved and escalated, and that the allegations for which Don was on trial were not the original complaints she made to police. Mr. Lipske also watched as Connie failed to answer 70% of the questions asked by Don's attorney, and that when asked for details of her story, she had faked 'memory loss' as an excuse for not knowing details of her own story. Mr. Lipske also knew Connie was lying when she said Don pointed a 'laser-pistol' at her and had 'bombs' and 'automatic weapons' at his business because he knew that searches conducted by police had found no such items. He was also given the name of an eyewitness to the fact there was no assault, and also heard Connie's sister admit at trial that she too had given false information about Don to police.

Mr. Lipske also has affidavits of witnesses who heard Connie threaten to falsely accuse Don if he ever broke up with her, and brag that police `always believe whatever she tells them'. One person swore under oath that, after trial, Connie had admitted to him that "Don didn't do anything wrong" to her. In his affidavit, this person also tells how Connie's sister then quickly intervened to silence Connie by pulling her away from him.

·         Click here to see the affidavit concerning Connie's confession to the witness

DA Lipske also obtained a 'rape test kit' and hospital lab report indicating there was no male biological material found. He had this kit tested, but before trial sought permission to destroy it before Don could test it. Permission was not given. He then destroyed this critical evidence anyway, concealed test results, and was caught lying to Don's attorney as to the whereabouts of the kit, photos, and an investigation he said was conducted by a Sheriff s Deputy, which the deputy admits was not true. DA Lipske was also caught lying about clothing evidence at trial and then attempted to obtain false testimony from Deputy Robinson. During a break in Don's trial, Deputy Robinson was angry with DA Lipske for having attempted to get him to lie under oath and Don thanked Robinson for not lying. Deputy Robinson responded by telling Don: "I'm not lying for that son-of-a-bitch."

To publish objective and uncontested evidence of perjury, false swearing, misconduct in office, obstruction, and aiding-harboring of felons, www.freemyfather.com was started in late 2005, and DA Lipske then retaliated against Don. This included his attempt to stop a newspaper ad for the website and then making a call to the prison where Don is held to make false accusations against him in an attempt to cause prison disciplinary actions against Don. But prison officials investigated and found that DA Lipske's claim was a lie. When news reporter Margaret Levra confronted DA Lipske about this, he admitted it was a false accusation, but then blamed Connie for the lie. But, if Connie made the false accusation, why hasn't she been charged with making false complaints (again)?

It is quite clear that DA Lipske is not pursuing 'justice' but is aiding crime, harboring felons and, via acts of omission and commission inconsistent with the sworn duties of his office, is committing felony misconduct. DA Lipske knows Connie committed perjury, false swearing, burglary, and obstruction of justice yet he harbors her from prosecution. The facts, circumstances and evidence already obtained are more than sufficient to prove DA Lipske has committed crimes that include subornation of perjury, destruction of evidence, witness tampering, aiding and abetting, harboring felons, mail fraud, deprivation of constitutional rights, and felony misconduct in public office.

As soon as Don's son began fighting back with his website in order to expose facts and evidence to the public, DA Lipske made that false accusation against Don in hopes of causing him serious problems. Though it is his sworn duty to administer justice in every case, DA Lipske simply refuses to act in accordance with the sworn duties required of his public office position. His personal goal clearly is not to `pursue justice in every case', but evidence proves instead that DA Lipske is working hard to perpetuate this injustice and acts to ensure that Don and his family will continue suffering a nightmarish hardship. Let's take a little closer look at Mr. Martin J. Lipske.

II.                    DA Martin Lipske Previously Disbarred For Unethical Conduct

DA Martin Lipske has an extensive and disturbing history of highly unethical conduct and there is shocking proof that he routinely relies on dishonesty and deception as a way of doing business. Due to stealing his client's funds, constantly lying, refusing to cooperate with officials investigating his bizarre behavior, and his own admitted incompetence in law and legal procedure, Mr. Lipske was previously disbarred from practicing law in Wisconsin and Minnesota, losing his license to practice law for 2-years. But after his license was reinstated, he ran for the office of Iron County District Attorney; and, unfortunately for Don, his family, and the good people of Iron County, he won.

Evidence proves that just as soon as his license was reinstated, Mr. Lipske resumed his outrageous unethical behavior. The first felony case he prosecuted was Don's case, a case that should never have been prosecuted. DA Lipske failed to investigate, has been caught lying again and again, conceals and destroyed evidence, suborned perjury, protects criminals from prosecution, and constantly demonstrates an overall unfitness for public office of DA. Read Martin Lipske's prior disbarment case that was held in the Wisconsin Supreme Court and then just try to count the number of lies the court and investigators discovered Mr. Lipske had told. After reading that, then consider Mr. Lipske's ongoing outrageous mishandling of Don's case and all the lies he has been caught telling here.

·         Click here to see the Wisconsin Supreme Court decision revoking Martin Lipske's license to practice law in Wisconsin for 2-years.

·            Click here to see the Minnesota Supreme Court decision revoking Martin Lipske's license to practice law in Minnesota for 2-years.

III.       DA Lipske Refuses to Investigate and Harbors a Felon

The first case presented to Mr. Lipske as DA was an unprovoked witnessed attack against Don by City of Hurley police officer, Tim Mieloszyk. Without cause or reason, witnesses observed Mieloszyk handcuff Don, empty an entire can of mace into his eyes, and then beat him with a metal flashlight. Mieloszyk then issued him $1,200.00 in false tickets. Don had to visit a hospital emergency room for severe chemical burns to both eyes.

The court clerk set a court date to hear this matter, but when Don and witnesses appeared at the courthouse at the scheduled time, DA Lipske and Officer Mieloszyk did not show up, and Judge Madden locked the courtroom doors and turned the lights off! Don verified with the clerk that this was the time for the hearing concerning the assault and false tickets, but the clerk told Don "Judge Madden has removed the matter from the calendar and wants you to just go home and forget about it." Don was denied access to the court, denied rights as a victim of violent crime, and to this day has not been asked to pay the $1,200.00 in false tickets issued by Mieloszyk. Don made formal complaints to Iron County Sheriff Bruneau, Judge Madden, DA Lipske, and demanded full investigation and Mieloszyk's arrest for felony battery. When Don visited DA Lipske's office to discuss this matter, Mr. Lipske hid in his office, closed his door, and refused to speak to Don.

When Don complained to Sheriff Bruneau about Officer Mieloszyk's attack, he was told that he will find himself "in big trouble" if he doesn't "stop complaining and go away." But Don didn't stop complaining and, 9-months later, did find himself in `big trouble' being forced to defend against DA Lipske's wrongful prosecution. The Judge, DA Lipske, and Sheriff protected Mieloszyk from prosecution, and this allowed Mieloszyk to go on beating others while dressed as a cop. He was eventually prosecuted by Ashland County officials and convicted of felony battery. Iron County officials, including DA Lipske, simply refused to assist Ashland County officials with Mieloszyk's prosecution.

At Don's trial, DA Lipske introduced some of Connie's clothing, claiming it was `proof Don had thrown food at Connie. But there was no lab test to show food or any other substance on the clothing, and because they were placed in a plastic bag while wet, were black with mold by the time of trial. Don's attorney objected because they were not in their original condition and would mislead the jury, but the court allowed it anyway. DA Lipske told the jury, and Connie testified, that "Deputy Robinson recovered these clothes from Don's house when he returned there with Connie after Don's arrest." But this was a lie. Deputy Robinson took the stand and refused to lie for Mr. Lipske. He denied having recovered any clothing from Don's house at any time and testified that Connie had instead brought the clothes to a Michigan police station a day after Don's arrest. The clothes did not come from Don's house on the day of his arrest, but from Connie's mom's house in Michigan the day after. DA Lipske and Connie were caught lying again.

DA Lipske and Connie also told the jury an assault was `in progress' at the exact time Connie's sister Michelle Vargovich arrived at Don's house, claiming Michelle had knocked at Don's door during an assault but Don `sent her away' then continued with an assault. Don told DA Lipske and police before trial that Michelle did come to his house at the time Connie said she did, but that he had not sent her away and instead invited her in where she spent the next 10-minutes inside his home. Don repeatedly told DA Lipske that Michelle is an eyewitness to the fact Connie is lying and to the fact there was no assault at the time Connie falsely testified there was. DA Lipske is well aware that Michelle is an eyewitness but did not call her to testify at trial, and each time Don tried to mention Michelle's name at trial, DA Lipske would quickly change the subject.

After trial, Don received an anonymous letter stating Michelle had told DA Lipske prior to trial that she was inside Don's home at the exact time Connie claimed she was being assaulted and that she had not observed any assault or trouble of any kind while there. Clearly, DA Lipske knowingly used perjury against Don at trial. Don was double-teamed by two professional and adjudicated liars, Connie Vargovich and Martin Lipske.

V.         DA Lipske Destroyed Evidence and Caught Lying (Again)

DA Lipske sent Connie to a hospital to obtain DNA samples for a `rape test kit', then something strange happened before trial. DA Lipske asked permission to destroy this kit before trial! NO honest prosecutor would ever want to destroy DNA before a rape trial!

IV.

DA Lipske Relied on Perjury at Don's Trial

In all probability, testing of the kit had proved Don's DNA wasn't there or that someone else's was -- maybe Judge Madden's or Mr. Kim Aijala's. When seeking permission to destroy the kit (permission denied), Mr. Lipske referred to it as "the remainder of the kit." Since crime lab testing consumes a portion of a DNA sample, DA Lipske's use of the word "remainder" is a clear indicator that the kit was already tested before trial and that the test results were being concealed because they prove Don innocent.

To ensure it still existed, Don's attorney asked to see this kit. DA Lipske took Don and his attorney to the Sheriffs Department to show them the kit, sitting in the Sheriff's refrigerator. Don immediately noticed the seals on the kit were broken, and since only crime lab technicians are allowed to break these seals, it was obvious the kit was already tested and DA Lipske was hiding the results. Don told his attorney to have the kit tested, and as soon as Don said this, DA Lipske slammed the refrigerator door shut and ushered Don and his attorney away. DA Lipske then very conveniently "lost" the kit!

Attorney Ray Dall'Osto wrote to DA Lipske to ask about the DNA kit and photos used at trial, hoping to obtain them for scientific testing to prove Connie falsely accused Don. DA Lipske answered by saying the photos are not available, the DNA kit lost, and that Sheriff's Deputy Roy Foryan unsuccessfully investigated what happened to this evidence. Knowing that DA Lipske constantly lies, Don filed a complaint with Judge Madden about the `missing' evidence but received no response. Don then wrote to the court clerk to ask her how photos kept by the court had simply vanished. The clerk responded by saying that the photos were in fact there! Once again, DA Lipske had been caught telling lies.

Don also wrote to Deputy Foryan to ask him for the details of his investigation that DA Lipske had claimed he conducted into the missing DNA test kit. Deputy Foryan promptly answered Don, saying he had NO INVOLVEMENT WHATSOEVER in any such investigation. Yet once again, DA Lipske was caught lying! Does he ever stop?

·         Click here to see affidavits of witnesses who heard DA Lipske admit at trial and off record that he destroyed the DNA kit evidence after he was ordered not to destroy it and after being informed that Don wanted it tested.

·         Click here to see Attorney Raymond Dall'Osto's letter of inquiry to DA Lipske.

·         Click here to see DA Lipske's response (proven lies) to Attorney Dall'Osto.

·         Click here to see Don's missing evidence complaint sent to Judge Madden.

·         Click here to see the court clerk state that the `unavailable' photos are available.

·         Click here to see Don's letter of inquiry to Sheriff's Deputy, Roy Foryan.

·         Click here to see Sheriff's Deputy Roy Foryan's answer to Don.

VI.       DA Lipske Retaliates; Caught Lying (Again); Blames Connie

Rather than act according to his sworn duties, Mr. Lipske RETALIATED against Don for a website publishing evidence of his misconduct. DA Lipske called Don's prison and told officials that Don was calling Connie Vargovich from prison to `harass and threaten' her. Don was hauled into the prison captain's office and forced to answer Mr. Lipske's false accusation. The prison authority who confronted Don, Captain Dohms, investigated. He researched all prison phone records; found DA Lipske's accusation was "baseless"; then promptly dismissed the false complaint. Apparently, Mr. Lipske was unaware that all inmate calls are recorded and are made 'collect'. The prison phone records proved Don never made any such calls. Yet once again, DA Lipske had been caught telling lies.

Don wrote to DA Lipske to ask him to STOP making false accusations. DA Lipske did not respond. Don informed the Wis. Office of Lawyer Regulation and Ironwood Daily Globe newspaper about DA Lipske's lie. He was questioned by both and gave conflicting answers. He told the OLR he didn't make any call to the prison, claimed `someone' from his office had, and told reporter Levra that Iron County corporate counsel, Jodi-Bednar, made the call. But Captain Dohms said it was Mr. Lipske who called. Finally, DA Lipske confessed to reporter Levra that "Connie lied". If Mr. Lipske is to be believed, Connie had again made a false accusation against Don, probably because she doesn't like the website exposing her as a liar -- which reaffirms Don's trial defense that, when Connie is angry, she falsely accuses them. However, from the conflicting stories he gave, it is also quite probable that this latest false accusation against Don originated with Mr. Lipske.

VII. DA Lipske Refuses to Respond to Don's Letters

Don repeatedly attempted to correspond with DA Lipske concerning his case and has presented many irrefutable facts proving he is wrongfully convicted. Don asked Mr. Lipske to answer, but he won't. That's because he KNOWS Don is wrongfully convicted.

·         Click here to see Don's unanswered August 11^th, 2006 letter to DA Lipske.

·         Click here to see Don's unanswered March 9^th, 2007 letter to DA Lipske.

·         Click here to see Don's unanswered September 4^th, 2007 letter to DA Lipske.

·         Click here to see Don's unanswered December 19^th, 2007 letter to DA Lipske.

VIII. Prosecution of Tamra Coyne

DA Martin Lipske recently had three men released from jail who were accused of sexual assault by a Ms. Tamra Coyne. DA Lipske previously had them thrown in jail, filed a criminal complaint in the court, but then later asked Judge Madden to dismiss the charges due to "inconsistency" in Coyne's statements. Judge Madden dismissed the complaint and the three men were released. DA Lipske was quoted as saying he may bring criminal charges against Coyne if he found any false information in her statements!

Now DA Lipske has in fact filed a criminal complaint against Coyne for her allegedly having falsely accused the three men and the basis for his complaint is that Tamra Coyne has made "inconsistent statements" and that the police were `unable to place them in the area of the assault', though Coyne did identify them. How interesting. DA Lipske is now prosecuting a woman because he claims the evidence shows she made false accusations.

BUT WHAT ABOUT CONNIE VARGOVICH?

Though it is well proven that Connie has falsely accused Don, she is not the one being prosecuted and everyone visiting these websites knows the evidence against Connie Vargovich is FAR greater in both quantity and strength than the evidence against Coyne is, yet it is Coyne who is being prosecuted, not Connie! In fact, Connie is not even being questioned; the obvious explanation? Tamra Coyne was NOT sexually or socially involved with Judge Madden, and Connie Vargovich WAS. It is just so obvious.

Now we do not know if Tamra Coyne is actually guilty, but do know that Connie is, and so do DA Lipske and Judge Madden. DA Lipske likely is prosecuting Coyne to `look good' because he knows everyone is outraged by the intentional perversion of justice in Don's case. Though he knows the evidence proves Don is falsely accused and wrongfully convicted, he does nothing to help and he instead protects Connie from prosecution.

By prosecuting Coyne, DA Lipske proves that Connie is immune from punishment because she and Judge Madden were close friends. Everyone should now be asking one simple question: Why is Tamra being prosecuted on scant evidence while Connie is not being prosecuted, or even questioned, when evidence against her (including her own confession of Don's innocence) is FAR stronger than the evidence against Coyne is? The ONLY answer is that Connie is Judge Madden's lover-friend, and likely also has `dirt' against DA Lipske she would happily share with us if he tried to prosecute her.

IX. DA Lipske Did Not Oppose Don's Parole

After nearly 11-years in prison, Don was seen by the Parole Board on May 19^t", 2008. Parole was denied, and Don was told he would not again be considered for parole until May of 2013. The Board had twisted Don's words and relied on Connie's lies but noted Don's "excellent behavior," tremendous community support, and then indicated that Connie Vargovich opposed his parole. Ever the actor, Connie's continues the charade.

Due to an evil heart and mental illness, Connie is still a hopeless liar, unable to do the right thing. She told the Board that she is "still traumatized." But our question is this, traumatized by WHAT? The only thing she can be traumatized by are websites exposing her for who and what she is! Despite the fact she has confessed Don's innocence, evidence proves she lied about Don, and all her friends are on Don's side, she continues the charade by telling the Board not to parole him. This is her RETALIATION for websites that make poor little Connie upset. In fact, this is her second act of retaliation for these websites; the first was in 2005 when she falsely accused Don of calling her from prison to threaten her. That was proven to be false, and DA Lipske admits that she LIED.