Cry Rape: The True Story of One Woman's Harrowing Quest for Justice

27. Wishing It Were Over [Contains Image Plates]

27 Wishing It Were Over In journalism, as in quantum mechanics, the process of observation alters what occurs. People and institutions behave differently when they’re being watched. As Patty’s ordeal played out to growing media interest, a key question arose: were they behaving better, or worse, than if no one was paying attention? Clearly the Madison Police Department, from Chief Williams on down, was mainly interested in justifying its actions. With the exception of Captain Maples, no member of the department had publicly acknowledged that any errors were made or had expressed any sympathy for Patty. And even Maples sought to exonerate the police and shift blame back to the person she now acknowledged was a victim. “This is not Tom Woodmansee’s fault,” she stated in one communication, calling him “an inexperienced detective in sensitive crimes [who] was not given enough managerial help and support.” She also said Patty did not behave like “most sexual assault victims” and may have “exaggerated portions of her story because she is not used to being believed.” No examples were given of this alleged exaggeration, a charge not even Woodmansee had thought to make. Just as clearly, the desire to avoid looking bad had driven the extraordinary efforts of the district attorney’s office to salvage its criminal case against Patty after the discovery of semen evidence. Might it now also affect whether and how aggressively it was willing to prosecute Joseph Bong, the man whom this evidence ultimately implicated? As the weeks turned into months with no action taken, this seemed more likely. Privately Harlowe and Short expressed rising levels of 201 frustration. For Patty, the delay was heartrending, oppressive. She couldn’t understand what was taking so long, and this compounded her anxiety over the part of her ordeal that she knew was still ahead. In mid-March of 2002 Patty contacted Kerman, the office’s victim/ witness advocate, imploring that the case move forward as quickly as possible. He explained that Schwaemle had many hats to wear and cases to attend to, but intended to file charges within the next two weeks. That meant the preliminary hearing would probably take place in April. By mid-April Patty still hadn’t heard a thing. She was reluctant to make further inquiry: “It just seems like, what good does it do to keep calling them?” But she did call and she spoke with Schwaemle. Patty explained her anxiety and concern, saying she hoped to plan a vacation but was unable to, not knowing when the hearing might be. Schwaemle said she planned to come in that weekend to draft a criminal complaint. Another week passed, and neither Patty nor her lawyers were apprised of any new developments. Harlowe drafted a letter to Blanchard, saying that unless action was imminent he planned to ask a judge to file charges directly and appoint a special prosecutor, as Wisconsin law allows . He finished the letter on Friday, April 26, but gave himself the weekend to think it over. It would be a shot across Blanchard’s bow, a challenge to his authority, and it could be seen as an attempt to embarrass him. It was not Harlowe’s style, but he felt he had no choice. In other quarters, too, frustration was reaching critical mass. Short barely stopped himself from upbraiding Blanchard when he saw him in a public place that Saturday. Instead, he vented to Feagles: “I told Liz, basically, that what they’ve been doing is cruel. They have all the information to charge the guy, and then to let Patty twist in the wind is cruel.” Feagles didn’t disagree. She told Short she had awoken at 2 a.m. this same Saturday, distressed about Patty’s case. Later that morning, Feagles called Schwaemle and found her at work, drafting the criminal complaint. On Monday it was presented to Feagles to sign, as a complaining witness. Harlowe learned the news when he decided to place one last call to Schwaemle before sending his letter. He was delighted that he didn’t have to: “I would rather have them feeling good about themselves than looking over their shoulders.” He thought Schwaemle seemed committed to the cause, although he remained perplexed as to why the office 202 Against All Odds • took it on. It could have passed the buck to the state Justice Department , to avoid the...