WI Supreme Court nominee sentences man to 2 years in prison for raping veteran, says “part of me” wanted parole

FIRST ON FOX: Janet Protasiewicz, a Wisconsin judge running for a seat on the state Supreme Court, has a long history of handing down light sentences to sex offenders, including a man she jailed for just over two years after she killed a military veteran in 2019 brutally raped.

Robert Guzinski, 42, was accused of pushing a military veteran onto the icy hood of a vehicle and vaginally and anally raping her in a bar alley in January 2019. The victim told the court she suffered physical injuries, nightmares and crippling fear from the attack, which led to months of therapy and psychiatric hospitalization.

“Is probation appropriate for you considering you have so many prosocial characteristics?” Protasiewicz told Guzinski during the sentencing hearing, according to the court transcript. “And I’m considering this very, very carefully. It’s not an easy decision, Mr. Guzinski.”

“As much as part of me would like to put you on parole, I just can’t,” the judge said at the time. “It’s not a probation case.”

Guzinski pleaded guilty to third-degree sexual assault, for which he faced a maximum of 10 years in prison, but Protasiewicz gave him 2.5 years in prison with 52 days already served, followed by 2.5 years of probation.

WISCONSIN SUPREME COURT NOMINATE HAS PAROLE TO A DOMESTIC TAILOR WHO LATER KILLED TWO PEOPLE AND BURNED BODY

In March 2019, John Spivey, then 51, was accused of repeatedly slapping his 79-year-old aunt in the face, smothering her with a pillow until she passed out and raping her in her home. He was found guilty of incest and aggravated assault of an elderly victim.

During his sentencing, Protasiewicz praised Spivey for taking “a certain responsibility” for pleading guilty to those two counts, but added that she had “concerns” about his character.

Milwaukee County Judge and nominee for the state Supreme Court, Janet Protasiewicz, attends a candidate forum on Monona Terrace on January 9, 2023 in Madison, Wisconsin. (John Hart/Wisconsin State Journal via AP, file)

Spivey had an extensive criminal history prior to sentencing, including at least three prior imprisonments for possessing a gun, resisting an officer, and driving a vehicle without consent.

Spivey faced a maximum of 25 years in prison for the crime, but Protasiewicz gave him a total of five years in prison for both counts, with 1.5 years already on his count, followed by five years of probation. A dismissed charge of strangulation and asphyxiation was read during the sentencing hearing, but Protasiewicz said she would only convict Spivey for what he “pled guilty to, the incest and aggravated battery,” according to the transcript.

Wisconsin Supreme Court nominees Janet Protasiewicz (right) and Dan Kelly (center left). (John Hart/Wisconsin State Journal via AP, file)

In March 2019, Nicholas Grzybowski, 38, was accused of sexually abusing his 13-year-old niece while she was sleeping. The victim said she was sleeping on her uncle’s couch when she woke up to him touching her buttocks while he was naked and that he told her to undress and propose further sexual contact, according to the court transcript.

Prosecutors asked for three to five years in prison, followed by seven years’ probation, but Protasiewicz handed down three years in prison for child seduction, with 65 days already served, followed by five months’ probation.

Nicholas J. Grzybowski has been sentenced to three years in prison after allegedly sexually assaulting his 13-year-old niece while she was sleeping. (Milwaukee County Sheriff’s Department)

Protasiewicz, a judge at the Milwaukee County Circuit Court in Wisconsin, is set to face Dan Kelly, a former Wisconsin Supreme Court Justice, next Tuesday, but Wisconsin voters have been casting their ballots since March 21. While the race is technically bipartisan, Kelly was endorsed by former President Trump in 2020, and Protasiewicz received endorsement from former Secretary of State Hillary Clinton last week.

The winner will determine majority control of the court, with the fate of access to abortion, redistribution of legislation, voting rights, the rules of elections and other important issues at stake.

Fox News Digital reported Monday that Protasiewicz previously served a sentence on a convicted domestic abuser before killing two people in January 2019.

In January 2016, Protasiewicz suspended Matthew Neumann’s 18-month sentence and placed him on probation for two years after he pleaded guilty to endangering security with a gun while intoxicated and disorderly, both with a modifier for domestic violence. He also had a long history before the murders, including previous convictions for drunk driving and stolen property.

Four years after Protasiewicz’s conviction, Neumann was found guilty in February 2020 of killing two employees at his cleaning company and burning their bodies on a hunting property he leased in East Troy. He was sentenced to 72 years in prison.

Matthew J. Neumann was found guilty of killing two employees at his cleaning company and burning their bodies on an East Troy hunting property he leased in January 2019. (Milwaukee County Sheriff’s Office)

Protasiewicz was criticized by Republicans for her sex offender sentencing practices in that election, prompting the nickname “No Jail Janet” on social media.

Kelly slammed Protasiewicz for a “weak conviction” during her first and only debate last Tuesday, citing her conviction of 23-year-old Jovian Reese, who was convicted of sexually assaulting his cousin in 2018. While Reese faced a maximum sentence of 10 years, Protasiewicz gave him 14 months in prison, the Daily Mail reported.

Protasiewicz defended her record, saying the case was “picked out.” When asked in February if she would have ruled differently in previous cases, she said no.

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“Every single case is unique,” she said. “Integrity is one of my trademarks. Total Integrity. In each of these unique cases, I looked at what I looked at and made a decision that I felt was appropriate.”

Protasiewicz’s campaign did not respond to Fox News Digital’s requests for comment.