Five Computers, Fourteen Months

What is the story about those seized computers? In October of 2006, on the basis of extremely tenuous information obtained from Tony Cardiel's son while he was in detention and undergoing an involuntary lie detector test, Sheboygan County detectives executed a search warrant on Tony's home. They removed five computers, an unspecified number of video tapes, and other items not documented. Though detectives promised they would promptly provide a list detailing the items seized, no such list was ever forthcoming throughout the ensuing 14 months of investigation. That was only the first of their lies.

In the case of the computer hardware, Tony and his family had clear knowledge of what was taken, since it amounted to every system in the house: two newer desktop computes; an older desktop computer no longer in use; a new notebook computer in use at the time for college coursework; and an older notebook computer no longer in regular use. There was no apparent discretion used by the detectives in their decision to remove every single household computer. No consideration whatsoever was given to the disruption of vital household functions--such as business and personal email communications and web-base classwork--caused by their actions. Nor was any understanding exhibited for a difference in risk-level between the system(s) specifically targeted for the investigation and those belonging to the resident college student and to the Christian housewife.

Even allowing for Sheboygan County's indiscriminate "SWAT Team" approach in the execution of their search warrant, it is a fact that only the data on the computer hard drives were required for the investigation. Though these drives could easily have been removed from their respective computers, the entire systems were taken from the household with not so much as an apology or an estimate as to when they would be returned. Little did Tony and his family dream that they would be without their computers for over a year, during which time the newer computers depreciated substantially in value. Nor did Tony seriously imagine that this police action would lead to felony charges and incarceration. Instead, the family patiently awaited return of their belongings.

We now know that none of the images in question were found on the system specifically targeted on the basis of statements made by Tony's son in his deposition. This fact is, in itself, damning to the prosecution's case. Add to this the latest revelation that the material scraped up by law enforcement after more than a year of intensive efforts amounted to nothing more than four pieces of questionable evidence of indeterminate origin and nature, and you clearly have a case that should have been dropped by the judge without hesitation at its first hearing. However, the nature of the accusations have made Tony's case more political than criminal, and it appears the legal system is hesitant to allow the weight of truth to prevail. It would seem that public outcry over excessive leniency--as inappropriate as it is to this case--is the force feared by even the most stout-hearted of judges. Such fear could have tragic results.

While being questioned himself, Tony made statements that make it clear he did not feel he had anything to hide. Rather, he wished to convey with honesty and openness to his questioners the fact that, to his knowledge, the family computers had only been used appropriately and lawfully. This has been his attitude throughout the Sheboygan County Sheriffs' Dept. investigation. This explains why he felt comfortable making the trip to Sheboygan on the morning of December 10 2007 without any thought of legal representation. To Tony it was a "no-brainer" that the County's investigation would end with the routine, even apologetic, return of the family's seized possessions.

Tony made statements that hurt his cause during his questioning. One might wonder what he was thinking when he spoke them. The answer is that Tony's words reflect his lifelong belief in honesty as the best policy. He felt he could speak frankly to men who had gone out of their way to make him feel his comments were off the record, with no possible reason for their being turned against him. No indication had yet been hinted that he was to be arrested and charged with felony crimes. He was convinced it was not anyone's right to indict him for his words and attitudes any more than he could indict them for theirs. In retrospect this was a very naive expectation, but it was one based upon a common belief that law enforcers are here to protect and serve...not slander.

Tony should not have stepped foot inside the courthouse without legal representation.   As a result of his misplaced trust and characteristic openness, Tony made himself vulnerable to exploitative sensationalism by the Sheriff's department, the local press, and numerous Internet websites. Their treatment was highly inconsistent with the cooperation Tony had offered to law enforcement and with the demonstrated low risk he presented to the community.

Tony was forced to succumb to the indignities of a week in the Sheboygan County Detention Center. His family did not have the resources to pay the $10,000 cash bail demanded by and granted to the public prosecutor without defense counsel present. Tony was chained and shackled to other inmates when he finally appeared in court a week later. To his supporters this hurtful image seemed a shamelessly gratuitous photo op provided for the benefit of reporters-- another disgraceful attempt to smear Tony's public image.

We believe the entirety of this process has amounted to a gross miscarriage of justice whose primary victims are Tony Cardiel, his family, and the acquaintances who don't know what to think. Middle class Americans are generally loathe to believe that law enforcement could be guilty of such systematic misbehavior. Tony’s supporters can now say without hesitation: "Believe it!"

Tony is a man with restraint and moral character. Tony's way has been to live within the bounds of the law and to keep his personal interests private without the need for extraordinary measures to do so. Our constitution ensures this right.

We encourage anyone with a sense of this terrible injustice to speak out against it by emailing your comments for posting on this website and/or writing a letter directly to the Sheboygan County Prosecutor demanding Tony's case be dropped.   Thank You!

Tony's Golden Rule

If you were shocked by the news accounts about Tony, it is probably safe to say you have been a friend, acquaintance, or associate in his past or present.  You probably were well aware of his warm, congenial personality—of an ebullient intellectual always ready with a word of encouragement.  If you knew Tony well enough, you may even have seen beneath his public surface to a soul which combined youthful spirit with the wisdom of age. 

Tony has always lived his life with attention to propriety, but above all by the Golden Rule.  Though any topic could be raised and debated at length during a family meal, most often the grist was political, philosophical, or educational in nature.  The subject of s-e-x was raised only as deemed a necessary part of parental responsibility—ala the birds and the bees.  There was an unspoken taboo against gratuitous discussion of those topics.  There was no open use of profanity or innuendo.  Tony modeled an attitude that, though nothing to be ashamed of, libido was a private thing, not to be flaunted or extolled.  Keeping it private was, in his world, an act not of deception but of responsibility.

Tony would hope that all those who have known him in the past rest assured in the truthfulness of that  knowledge.  He is the same good man with the same remarkable strengths and lovable humanity as before.  He is the same laudable example of a dedicated professional whose efforts and behavior throughout his many years as a public schoolteacher are unimpeachable.

The most pernicious result of the injustice done to Tony will be the loss of any true friend’s belief in him.  This would serve the purposes of his misguided foes and produce lasting scars.

We hope that each of you who have loved the Tony you have known in the past, will search your own souls for the compassion and understanding he would so naturally and easily reciprocate.