Cases | State v. Johnson, 649 N.W.2d 284 (Wis. Ct. App. 2002) | 2018
The defendant was convicted of one count of false imprisonment and one count of disorderly conduct. The circuit court ordered restitution as a condition of probation, but because the victims’ expenses were ongoing, the court directed the Department of Corrections to compute the final amount of restitution and to identify to whom the money should be paid at a later date. The defendant appealed the final restitution order, arguing that the request for restitution was untimely, and that the circuit court did not have the authority to order restitution for certain losses incurred and expenses paid by the stepfather of one of the victims. The Court of Appeals of Wisconsin, District Four, affirmed in part and reversed in part, noting that there was a valid reason for delaying the restitution proceedings. Mainly, one of the victims had ongoing counseling and medication costs as a result of the crime. Furthermore, the defendant was not prejudiced by the delay. The court of appeals also noted that, while the stepfather of one of the victims was not entitled to restitution as a “victim,” he was entitled to reimbursement for special damages that arose out of the defendant’s criminal conduct. However, the victim’s stepfather was not entitled to restitution in the amount of the wages he lost when he took off from work to accompany the victim to her court appearances, since the relevant state statute specifically identifies who may recover lost wages as restitution. Finally, the court of appeals concluded that the circuit court properly denied the defendant’s request for discovery of one of the victim’s counseling records, since the defendant failed to show “good cause” for why he should be provided with the victim’s counseling records.