MADISON, WI (WTAQ) - Wisconsin’s attorney general asked state lawmakers Wednesday to eliminate preliminary hearings in felony cases. J.B. Van Hollen made his request to the Senate Judiciary Committee, at a public hearing on a bill to allow unlimited hear-say testimony at preliminary examinations. During those hearings, the prosecution brings in just enough witnesses to convince a judge that there’s sufficient evidence to order a trial. It’s not often that a judge throws out a case at that point. Many defendants waive the proceedings, so they can get an earlier chance to review evidence gathered by prosecutors and law enforcement. Right now, those defendants cannot obtain state’s evidence until their preliminary hearings are over. Van Hollen said ending “prelims” would help defendants with earlier access to the evidence – plus spending less time in custody before a trial or plea deal. Also, Van Hollen said a defendant can challenge the state’s evidence any time during a case, so there’s no longer a need for the early hearings. Van Hollen said they might have served a purpose in the 1800’s, but they don’t anymore – and they waste valuable time and resources. Van Hollen said legislators would also hear from a domestic violence victim who said preliminary hearings force them to confront their attackers just days after their incidents.
