Epilogue

If Wilbert Thomas came up to you on the street, you probably wouldn't give him the time of the day, but the Wisconsin Supreme Court gave him its undivided attention for an hour on November 11. That underscores the beauty of our judicial system.

Wilbert Thomas is a sexual predator who looks kind of wild (our African-American courts reporter calls him "the black Santa Claus"). He grinned and waved repeatedly when I photographed him at a hearing in Racine County Circuit Court a year ago. As a sexual predator, he ranks lower than scum in society's eyes.

Though the guy is someone society wants nothing to do with, and in court he acts like he's off his rocker, not of that mattered when the Supreme Court's bailiff announced that "Silence is commanded," and his case came before the highest court in the state.

At issue is a rather fine point: When Thomas had finished serving his prison sentence a year ago, the district attorney wanted him to serve additional time in a mental institution because the state felt he was not well enough to be returned to society. The defense argued that the state's division of probation and parole should make the determination of what happens to sexual predators after they serve their sentences, and not the D.A.'s office.

It all seems rather esoteric, but it's an important point. After all, as Justice Anne Walsh Bradley pointed out to assistant district attorney Brian Pawlak, the D.A. is elected to office every four years and his office could be swayed by public opinion. There is rarely an outcry about a convicted forger or burglar being released from prison, but mention the words "sexual predator," and the atmosphere changes, she said.

Wilbert Thomas, a convicted sexual predator, appears in Racine County Circuit Court Thursday December 17, 1998, where he lost his bid to be released from custody. A year later, the state Supreme Court considered his case. Photo by Mark Hertzberg (c) 1999 Racine Journal Times.

The justices discuss and vote on cases shortly after hearing them. It takes months for them to craft their opinion before releasing the decision to the public, and so it will be some time before we know which argument held sway. Though Pawlak seemed to argue better than the opposing counsel from the state public defender's office, it will be the legal issues, rather than who seemed more on top of his game that will matter in the end.

Wilbert Thomas may rank at the bottom rung of society's ladder in terms of wealth, position, and his criminal record, but the point of law at issue in his case was important enough to command the attention of "The Supremes," as they're sometimes called. And that, in a nut shell, sums up why our judicial system is so precious.

Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson, left, asks questions during oral arguments Thursday November 11, 1999, as justices Jon Wilcox and Diane Sykes take notes. The courtwas hearing arguments in the case of the State vs. Wilbert Thomas. Photo Mark Hertzberg (c) 1999 Racine Journal Times

Epilogue

Behind the Viewfinder - A Year in the Life of Photojournalism
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