NAME AND NUMBER: James R. Schultz #8151

CURRENT PRISON: Stanley Corr. Institution 100 Corrections Drive Stanley, WI 54768-6500

DATE OF CONVICTION: April 21, 1986 (Crime occurred on 11/19/85)

OFFENSE DESCRIPTION: My wife, Nancy Schultz, went into our home's attached garage to turn off a car that I had started; I went into the (garage to rescue her. We both succumbed to the carbon monoxide fumes and became paralyzed. The first officer on the scene did not perform CPR on either of us victims. Arriving some time later, EMT Osmond did not perform CPR on Nancy Schultz correctly -- i.e. the breathing tube was inserted into her stomach and sealed at her throat, instead of into her lungs. Nancy died of suffocation; I survived. An accident was turned into a crime and I was convicted of killing Nancy.

I know my case was a political hot potato. The sheriff was on the chopping block for unethical behavior and it was the first intentional homicide trial Judge William D. Johnston presided over (Judge Johnston won election over Judge McDonald, Judge McDonald then shot and killed Johnston's law partner, mistaking him for Johnston; McDonald was convicted of first degree intentional homicide and later committed suicide in prison). So my entirely circumstantial case needed a conviction.

There continues to be something very "fishy" about my case. When I was out of state another prisoner posted a statement of my case on his non-profit corporation's website. The Green County (my county of conviction) Sheriff's office obtained a search warrant and carried it out themselves in a different county, confiscating the non-profit's computers and paperwork. It took then Governor McCallum's intervention to return the ec,uipment and paperwork. However, Green County was still able to shut down the non-profit's website -- all because the organization published a statement of my case on its website.

There was no, and there still isn't, a valid warrant for my arrest. Proabable cause is needed in a criminal complaint for an arrest warrant to issue. None was found in the first criminal complaint presented to an

1

unrelated magistrate judge. Then a second, identical, complaint was submitted to a second magistrate, family related to the sheriff, who issued a warrant for my arrest. This is against state statutory procedure that mandates either amending the complaint or appealing the decision. By not doing either, they lost jurisdiction over me. And that's just the beginning.

My case is one being used to show the things that are not supposed to be done. Although the EMTs caused Nancy's death, the Wisconsin Court of Appeals said, assuming I was correct, I would still be guilty of first degree intentional homicide because "I created the atmosphere!"

View FFUP's website (pgswan3@yahoo.com ) for a more detailed account of my case and/or write to me directly and I will be happy to furnish more details.

PRISON PROGRAM NEEDS:

MR/PMR Date:

PAROLE ELIGIBILITY:

PAROLE DEFERS:

Anger management that I completed else.

None. I have a life sentence.

April, 1999

April 23, 1999 48 months defer July 30, 2003 24 month defer July 28, 2005 24 month defer July 17, 2007 24 month defer July 29, 2009 24 month defer

August 23, 2011 24 month defer

in 1988.

OFFICIAL REASON FOR DEFERMENT: Not enough time served

Nothing

SUPPORT SYSTEM: I do not have a support system anymore. I have no relatives other than my mother and wife who could or would assist me. My mother lives in Florida and is 86 years old. My wife has extensive physical problems. I have a daughter who I have not had contact with for fifteen years. Not having a support system is one of the reasons why I've deferred seeing the parole board for the past six months.

INSTITUTIONAL COMMENTS: I have an excellent institutional record. One minor conduct report (and one major -- more on that later). The major (and not counted against my record) is because I told my wife I was having back surgery at the University Hospitals and she just happen to be there that day so she checked on me.

2

The officers who transported me physically assaulted me while I was unconscious because I told my wife. I had to recouperate in segregation from the surgery and from the guard assault that left a huge bruise, the size of a basketball, on my left side. Three years after the assault I informed a prison guard about the incident on his request; I was subsequently placed in segregation and written a major conduct report for lying about staff; the only, and illegal, disposition of the conduct report was that I could not talk about the conduct report or the underlying assault to anyone.

I have to walk with a cane due to shooting pain down my leg. If I didn't, I would fall on my behind when the pain occurs. I believe the assault is the cause.

I have a high school education, wherein I took college prep courses; I've taken several college correspondence courses, both before and after incarceration, including computer and religious courses.

In my spare time I assist men with their legal issues; I'm also a tutor so I assist others with their school work and/or writing letters as well.

OTHER COMMENTS: I'm caught between a rock and a hard place, like most other lifers. I entered the Wisconsin prison system at age 39. Now, at 67, I'm past retirement age and have a permanent disability wherein I have to use a cane the rest of my life. And, I have no support network anymore. Ten years ago -- even four years ago -- I had one. I've consistently asked to be transferred to the Oakhill Correctional Facility since 2000, to be closer to family. I've been in medium custody since 1993! I'm told that I need an 11 month defer or less from the parole board to be eligible for minimum custody (based on a "rule" that never officially became law). And, because the parole "rules" never officially became law, an 11 month defer is like throwing darts at a dart boar because the parole board has no rules it has to follow.

Institution supervisors consistently say that I'm dependable, punctual, reliable, loyal and trustworthy; that I pose no management problems; that I'm very receptive, patient, and helpful; that I'm extremely honest and self-motivated; that I have a very agreeable nature; that I'm hard-working and self-motivated; that I follow orders quickly and efficiently; that I'm conscientious about doing a good job; that I have shown that I can accept responsibility; that I take pride in my work; that I get along well with staff and other inmates; that I'm capable of assuming positions with minimum supervision.

3

Before incarceration, I worked for the State of Wisconsin as a Property Assessment Specialist; I owned and operated a part-time automobile restoration/repair shop; my wife and I owned and operated a youth center as a part-time business. I've also remodelled houses and built garages.

My hobbies before incarceration were building hot rods and custom motor vehicles and leatherwork; since incarceration, they include legal research and writing, leatherwork, knitting and crocheting.

SUMMARY: I've spent the past nearly 28 years in prison for what should have been negligent homicide. Yes, I'm truly sorry for the loss of life. I can never bring Nancy back. It was pure negligence. It doesn't make any difference if I was attempting to save her. She's gone and I'm responsible. I live with that. But how long is enough time to spend in prison for negligent conduct?

Any and all assistance, comments, or direction would be most appreciated.

4

2/10/14

Peg,

Enclosed is my information for your 11X15 Parole Blog.

Let me know if it's okay or not. I would also like to see

others if possible.

If there's anything I can do from in here, let me

know.

One thing nobody has touched on in the campaign is the

fact that there are "no parole rules!" There aren't any

because the have not been properly promulgated. They can

do what they want. Neither have the PRC Risk Rating

Guidelines been properly promulgated.

Getting "parole rules" passed through the legislature

-- i.e. the legislature Ordering the PC to properly

promulgate "rules" they have to follow would be a huge

step in Wisconsin.

There are many here at Stanley who wish to thank you

for your continued hard work, none more than me. The

state and the DOC have made it next to impossible to gain

a parole and the leg8islature has made it next to

impossible to make it on parole. It's comforting for us

to know there is someone chipping away at that wall, no

matter how high it gets. Thank you for being there.

PS: Happy Valentine's Day!