BROSSARD TRIAL: Jury finds Burlington man not guilty of first-degree intentional homicide
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David Brossard is on trial, accused of killing his wife in 1997 and dumping her bound body in Geneva Lake. He was found not guilty Aug. 31, 2009 after a two-week trial.
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David Brossard trial, Aug. 19, 2009
A co-worker testifies about the last day she saw Dawn Brossard alive. David Brossard is charged in his wife's killing. Click to play
More coverage
Witness says lack of physical evidence adds to uncertaintly
Defense testimony refutes evidence linking husband to the crime
Witness says he saw Dawn after reported disappearance
Witnesses recall woman's fears, final contacts
Case "circumstantial" but will continue
Third mistrial motion in case denied
Phone records trace missing woman's final steps
Photos, testimony show victim in life and death
Witnesses describe a troubled relationship
Lawyers debate graphic pictures
Analyst testifies on characteristics of Dawn Brossard’s murderer
Analyst testifies murdered woman knew her attacker
After disappearance, search for Dawn Brossard yields no clues
Deputy testifies about discovering missing woman's body in Geneva Lake
Judge denies mistrial in Brossard case
Testimony: After wife's disappearance, husband's interest in the case soon waned
Witness testifies about argument the night Dawn Brossard disappeared
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David Brossard looks toward family members after being found not guilty in the killing of his wife. Terry Mayer/staff
ELKHORN -- A Walworth County jury returned a not guilty verdict late Monday on the case of a Burlington man accused of killing his wife and dumping her body at the bottom of Geneva Lake.
David A. Brossard of Burlington faced a first-degree intentional homicide charge in the 1997 death of his wife, Dawn Brossard.
Jurors deliberated for nearly seven hours. The verdict was met with a gasp from David Brossard’s family, followed by hugs and tears.
Defense attorney Charles Blumenfield said he is glad the Brossard family’s suffering is over.
“They have been through hell,” he said. “Nothing less than living hell.”
Dawn Brossard’s family left Judge James Carlson’s courtroom as quietly as they had stood for most of the trial.
“I can only hope they can find solace in the fact that an innocent man is not going to prison tonight,” Blumenfield said.
District Attorney Phil Koss said he was disappointed but satisfied with the verdict.
For a full story, read Tuesday's Walworth County Gazette, read online in the Gazette’s E-Edition or check back at WalworthCountyToday.com or GazetteXtra.com .
Jurors began deliberating at about 2:40 p.m. after hearing nearly five hours of closing arguments.
During 10 days of testimony, the jury was told Dawn and David were having marital problems. Both were having affairs, and witnesses said Dawn was drinking heavily, sometimes not returning home until late at night.
Dawn’s death originally was investigated as a missing person case after Dawn failed to appear at work in the morning of Saturday, Oct. 25, 1997.
The case went cold until 2003, when off-duty law enforcement officers were diving around the deepest part of Geneva Lake. Dawn’s body was weighted with concrete blocks and chains the prosecution says were easily accessible to David.
During his closing arguments Monday, District Attorney Phil Koss admitted that some pieces of the crime puzzle are missing, but he said the overall picture points to David Brossard as the killer.
“If you find him not guilty, you’re rewarding him,” Koss said. “When he put her down in that lake, he didn’t want anybody to find her.
“There is no more physical evidence because of the nature of the crime. To say not guilty is to reward him for that. Please don’t reward him.”
Defense attorney Charles Blumenfield reminded the jury of their duty to come up with a just verdict, and asked them to not convict an innocent man.
“No one wants an innocent man convicted,” he said. “If they (people in the courtroom) were asked a simple question: Would you like an innocent man to be convicted? The answer would be unanimous.
“And it would be no.”
Blumenfield said Koss failed to meet the state’s burden of proof because there are questions that remain unanswered. The attorney addressed more than 100 of those questions in a series of alternative hypotheses as to what could’ve happened to Dawn.
Blumenfield attacked the prosecution’s description of the crime outline. He said accusations are inconsistent with how much time David would’ve had between seeing Dawn at the bank where she worked and the time when prosecutors allege she was killed.
During the trial, Blumenfield called several witnesses who said they saw Dawn Brossard on Oct. 26, 1997, two days after the prosecution says Dawn was killed.
Sep 7, 2009 at 12:14 p.m.
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Bytor, Ha Ha Ha. Not so easy to get your way without hand cuffs and a phone book is it? The subject of the article was "The Brossard Trial". Your comments should have been confined to that and that alone. I've offered to sing any note you require but first I insist you concede and apologize for trying to distract. The word you choose, "deflect", would not have even received the bronze medal in a vocabulary contest. Also bitter, a tirade is a long vehement SPEECH. Writing lacks volume, inflection, and passion. I consider myself a sarcasm man, but opinions do vary. The claim you make of government employment and the lack of substance you offer is a perfect example of the hollow rhetoric the citizens of this country are now being instructed to heed without dissent on healthcare and more. This forum has served to demonstrate why the inhabitants of the private sector must hold our elected officials and their robotic underlings feet to the fire. I believe the democrats are telling us daily to pay no attention to the "loud" people. This is delivered in the same manner utilized in your warning of the "noise", isn't it bucket boy? Do you carry Koss's water in that bucket or use it in tandem with your squeegie? Do tell, we are waiting. This country just buried the originator of the screeching denunciation "Ted Chapaquidick Kennedy". The phrase "Borked" came directly from Ted's dishonest characterization of Robert Bork during his supreme court confirmation hearings in the senate. Can you imagine anything more ironic than a drunk driving senator who fled the scene of an accident, leaving his mistress trapped at the bottom of a shallow creek to suffocate after five hours, while he slept it off for eight hours, questioning anyone else's morality? If I am of low character at least I never left anyone in my car to die or failed to vett a witness thouroughly as to guarantee the case I based on her supposition had a snowball's chance in hell. Like Ted, you have just supplied us another illustration why bad performance at tax payer expense must be punished. Holding yourself up as related to the case in some way while besmerching those who question the incompetence of Koss entering the courtroom at this juncture is hypocritical SOFT TYRANNY. I hate bullies and always love the opportunity to bloody one. Once you punch through the intimidation I always find them, like you, your arguments, and paper bags, quite empty. Like Mary Jo Kopechne, Dawn Brossard was left on the bottom and justice will probably never be served. If Koss is allowing or instructing you to distract than Walworth citizens have a big time problem in the D.A. office. If they have paid attention though, the people of Walworth realize that, having just financed the bungling debacle we know as "The Brossard Trial". Don't wait, Recall Phil "Should Have Waited Now a Loser" Koss before the next victim is sent to the bottom!
Sep 6, 2009 at 6:46 p.m.
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Still no answer to the questions, just insults. I won't be posting on this topic anymore, you are transparent to anyone.
Sep 5, 2009 at 11:45 p.m.
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Bytor, Back for more thrash? You aren't doing anyone affiliated with this case from the prosecution side any favors by forcing me to restate the obvious again. The way you claim to stick to the issues, while not, leads me to believe you are a gov. groupie. Creepy. I took you at your word when you claimed some connection to DA Koss. The lack of beef you provide gives me pause. Just because you washed the DA's windshield at a stop light with your squeegie and bucket doesn't really qualify you to speak for Koss, does it? If you were involved in some official capacity and he was aware of our exchange he'd have shut u down. My state of mind has exactly what to do with the travesty Walworth County just sponsored? For the record, I carry my gun almost nowhere. Got fists? I have merely stated that I now choose to refuse to travel to states that deny it. If criminals know citizens can't carry weapons it makes their skill sets more dangerous.Ask Dawn Brossard. No state should have the right to preclude the nation's citizens from exercising their 2nd amendment rights. Founding Fathers? Bueller? I never abuse and risk forfeiting the right by taking a gun where it doesn't belong. In your 2nd post you claimed to find this worthy. Now it's some kind of stain? Hypocrisy. The arrest or convictions of posters has what bearing on the sloppy vetting of the key state witness? The fact I am liscenced to C.C.W. means I passed exstensive state and federal criminal back ground chex. Remember, or didn't they cover that in panhandler school? Repeated badgering of this kind is the same "good money after bad stupidity" that has driven the country's economy to the brink. Whether on not I have association with the Brossard clan has exactly what to do with DA Koss trying to pollute the jury pool by publicizing grand jury testimony of an unstable individual who Koss knew would crumble like a cookie under cross examination? Is this Koss's m.o. when prosecuting a case? Please explain how which state I live in correlates to the fact that if Brossard did this evil deed, DA Koss has allowed him to slip the noose forever? That's why DA Koss, if he was your boss, would make you stop. Or would he? Are you DA Koss? Are you sure? Besides, read my posting name. Slowly. Can you see what state I live in yet? If not,I fear you did assist in the vetting.It explains why the case blew away like dust in the wind, doesn't it? I'll make you a deal. Apologize on this forum for being the original poster guilty of destraction for claims in your 1st post that,"some have run afoul of the law" & disclose your true affiliation to Koss. Do those simple tasks here and I'll sing.
Sep 4, 2009 at 5:46 p.m.
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So Miolliman how about answering the questions I put to you? What state to do you live in? Are you a criminal? Have you been arrested? Have you any convictions? Do you know the defendant or his family? Why did you not answer the questions straight out but come out with more attacks on the prosecution and the government.
Yes I really am concerned about you if you won't go somewhere you can't carry a gun.
Sep 3, 2009 at 11:34 p.m.
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bytor, I was more effective at piegon holing you, than you were me. Be honest. You are not doing your colleague any favors by making weak arguments in public. The people who pay your salaries have to produce and expect results for their pilfered tax dollars. My 1st post had none of the terms my adversary claims are vitriolic like "loser & bungler". Volume incresed only in response. Guessed that it was a blatant attempt to stymie people from considering recall. "bitter" wrote,"Did any of the bloggers attend the trial. I bet not. How many of them have run afoul of the law? I suspect some. Consider the source when you read what people say and the manner they say it." Now byter, staring at your own words, would you care to refute whether or not you infered some of the posters were criminals? Be honest. My comments about attending the trial were in direct response to your assertion that anyone who didn't was unqualified to opine. Owning a business precludes most from watching bad lawyers bring flimsy cases into courtrooms."byter" wrote, "I have to be concerned about your state of mind however, if you are afraid to come to court without being armed." Was that "stooping to using insulting phrases or inflamatory rheteroric"? We aren't entering Wi. until you change the gun laws to reflect the wishes of the Founding Fathers. Is Elkhorn still in Wi.? Does that keep me far enough from your courthouse to ease your fears? Got Hypocrisy? While trying to denigrate me did you not claim the high ground of keeping to the issues? Why do you insist on making me and the others the crux of your posts? I stated that I am a productive law abiding citizen. What's the imperative for you on each post to try to damage other poster's credibility? What's your problem? The web you weave are the words you alone have tangled up in. See the mirror if you want to discover who distracts. Your assertions have 0 substance. None. Nice move throwing Racine Co. under the bus. Typical spastic bureaucrat reflex. Next will it be Bush's fault? What could you have possibly done for the state where you would be allowed to be wrong at every turn and yet feed yourself? Oh yea, almost anything. When I first read the "byter" response I knew instantly that she was affiliated with the D.A., a government employee, or a state apologist. "byter" cautioned us to be wary of the "noise" and the bad people from which it came. "byter", Pay attention, in America we are still clinging to that legally protected first amendment right to make "noise" called FREE SPEECH. Laws guarantee the citizens the "freedom" to exercise that right without fear of government reprisal.This is about speaking TRUTH TO POWER. When someone like "bitter" enters the fray to chill discourse, questioning the morality or motivations of any who have the termerity to speak, people had better start paying attention. Please review the article and the posts while considering a recall of Phil Koss.
Sep 3, 2009 at 1:38 p.m.
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Moiliman: Who is trying to deflect whom on this case? You go into a tirade about not attending because you can't carry a gun and say that you live in a state where you can. That means that you don't live in Illinois or Wisconsin. I agree with you on the 2nd Amendment issue and WI laws. We are one of two states that does not allow permit CCW. Good for you fo putting (or not) putting your money where your mouth is on that issue. Are you saying that you would have attended otherwise? From out of state? That is quite a commitment to public scrutiny. I have to be concerned about you state of mind however, if you would be afraid to come to court while not armed.
To say that Walworth County is not protecting it's citizen is a bit of a stretch however. You might know that the victim was last seen alive in Racine Co. and in any case acts of violence are not something that can be protected against in every case. A good argument for the right to carry.
Yes I know Mr. Koss and have other knowledge of this case. Yes, I used to work for the government. I also don't find if necessary to insult others with terms like "bungler" or "Loser". I did not call anyone a criminal but now that your brought it up, are you one? Are you related to the defendant or know him or his family? What state to you live in? Any convictions? Arrests? Your turn to show that you are not someone just looking to make noise.
See I didn't even have to stoop to using insulting phrases or inflamitory rhetoric. I kept to the issues. Try to do the same, please.
Sep 2, 2009 at 10:43 p.m.
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bytor, Which one of the posters is a criminal? Nobody posting here has written anything inappropriate. I believe your attempt to change the subject is quite transparent. I didn't go to the trial. Walworth County does such a good job protecting its citizens that I would have had to break the law in order to attend safely. I have a license to carry a concealed weapon because I reside in a state that allows innocent "law abiding" citizens like myself to protect themselves from wicked killers. Could Dawn have used a gun? Why is Wi. more concerned with protecting criminals from harm than victims? My wife and I will never spend another tourist dollar in a place that cares so little for its citizen's and or guest's constitutional rights. The excerpts from the Grand Jury testimony that were printed in the paper gave anyone with half a brain full insight into the fact that the key prosecution witness was a big shaky gamble. Phil Koss undoubtedly should have spent more time assessing the temperament of his biggest asset before being forced to remove his star witness from the docket's itinerary at the start of the trial. Koss tried to win the case by prejudicing the public in the media by showcasing her accusations against Brossard repeatedly in the paper. I wonder now if this was done with Loser Koss's full awareness that he could not, should not, and would not place such a troubled individual on the stand. Were press releases a substitute for the investigative vigor this case so obviously demanded? Lazy and sloppy need not apply! Are you somehow related to Phil"Disapointed but Satisfied" Koss who highlighted the contrast for all to see what happens when government hacks come up against skilled practioners from the private sector? The only postings people should take with a grain of salt is those that defend such blatant government incompetence and then proceed to defame those who have question whether or not the emperor has a stitch of clothes. Sounds a lot like the smears being perpetrated against the concerned patriots that fear a federal healthcare takeover, doesn't it? Are you a bureaucratic bungler also? Recall Phil "Disapointed but Satisfied" Koss and sleep soundly tonite in Walworth County knowing killers walk amongst you.
Sep 2, 2009 at 5:41 p.m.
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Not all cases can be proven. The defendant was found "not guilty" as compared to "innocent". The government felt that there was enough evidence to gain a conviction. The jury did not agree. Remember also that some of the evidence which the DA planned to use was suppressed by the Court and the jury never got to see.
Did any of the negative bloggers spend a moment at this trial? I bet not. How many of them have run afoul with the law? I suspect some.
Consider the source when you read what these people say, as well as the manner in which they say it.
Sep 1, 2009 at 10:44 p.m.
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Either this is the strangest case of suicide or there is still a murderer amongst us. Unfortunately, I believe the latter is true. How does that make you feel?
I don’t “know” who did it, but in that no murderer has been convicted, the person is probably still lurking around. Do you feel safe?
Sep 1, 2009 at 11:04 a.m.
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HEY PEOPLE, YOU CAN'T CONVICT SOMEONE OF MURDER JUST BECAUSE YOU THINK THEY DID IT??? HOW IGNORANT ARE YOU. YOU ARE RIGHT THOUGH, IT SHOULDN'T HAVE GONE TO TRIAL UNLESS THERE WAS CONCRETE EVIDENCE TO CONVICT! FIRE THE DA!!!!!!!!!!1
Sep 1, 2009 at 6:45 a.m.
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This is a perfect example of why we can't allow the government to run health care. PROSCECUTORIAL MISCONDUCT CHARGES should be filed against the district attorney (government) for bringing such a weak case to court. Remember to vote against D.A. Phil Koss for wasting Walworth County's and the Brossard Family's treasure. The pain caused to all family members for this incompetent presentation should have consequences for those responsible. Demand a rebate from where the buck stopped, OUST PHIL KOSS.
Sep 1, 2009 at 2:30 a.m.
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unreal
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