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• Man who killed wife contests parole decision
• Mississippi River reopened to barge traffic
• Polka Fest steps into Ellsworth

By Judy Wiff, Reginal Editor

A former Pierce County man who shot his wife to death in front of their teenage son and a domestic abuse agency worker 21 years ago wants out of prison.

Richard John Kusch, 65, who was sentenced to a life term in May 1987, claims his conduct during two decades as an inmate has been exemplary.

He has filed a civil case asking Judge Robert Wing to review a State Parole Commission decision that delays any further parole consideration for 18 months.

Kusch, acting as his own attorney, claims the length of the parole deferral is "arbitrary and capricious" and in violation of his right to due process.

His request for review alleges the reasons Parole Commissioner Steven Landreman gave in concluding Kusch hasn't served "sufficient time for punishment" are arbitrary.

Kusch also claims Landreman's decision was "nebulous" because it says "more time is warranted" and "eventual transition through reduced security" but doesn't give guidance or explain what those phrases mean.

Kusch is currently a prisoner at Racine Correctional Institution, Sturtevant.

In May 1987 Judge Wing sentenced Kusch to prison after he was convicted of first-degree murder for shooting his wife in front of their son and an employee of Turningpoint for Victims of Domestic and Sexual Abuse.

In April of this year, Kusch was interviewed by Landreman, who recommended deferring further parole consideration until at least December 2009.

In May 1987 a jury found Kusch guilty of killing his wife Patricia, 44, in the kitchen of their Prescott home on Feb. 11 of that year. The shooting occurred an hour after the two had attended a divorce hearing in River Falls.

During that hearing before Court Commissioner Edward Vlack, Patricia was given temporary custody of the couple's children and use of the family home in Prescott. According to information in the original criminal complaint, Kusch became "increasingly angry and upset" during the hearing and refused to sign a wage assignment.

Following the hearing, Patricia went to her home with her 17-year-old son and Turningpoint advocate Ramona DeSmith. Kusch had arrived at the home ahead of them.

According to the complaint, Kusch confronted his wife, accused her of ruining his life, and "shot five rounds into her."

Kusch pleaded not guilty by reason of mental disease or defect, but the jury found him guilty of first-degree murder.

In a letter to Judge Wing after the trial, Kusch claimed prescription drugs made him "more reactive" at the time of the shooting.

"I am not responsible for this criminal act, and I had no capacity or reason to commit it," he wrote.

Kusch, who had worked for an airline, claimed he was intoxicated at the time of the shooting, that he suffered from post traumatic stress disorder and that he was being treated with Dalmane, a type of sleeping medication.

In an appeal filed in 1994 Kusch claimed the prosecution withheld evidence of "involuntary intoxication."

That same year Kusch filed a medical malpractice claim against two River Falls doctors who treated him before the incident.

The District III Court of Appeals upheld Judge Dane Morey's ruling to dismiss that case because Kusch had "failed to prosecute" his lawsuit by failing to find expert witnesses to substantiate his claim of malpractice.

In the 1994 appeal, Kusch argued that he had no obligation to obtain expert witnesses, but that the court should have appointed expert witnesses at public expense.

The appeals court ruled the county court had no obligation to provide expert witnesses to make Kusch's case.

State law, the opinion said, doesn't set up a fund "that any civil litigant may tap for expert witness costs."

Contact Judy Wiff at regional@rivertowns.net or 715.426.1049.

At around 8 p.m. Tuesday, U.S. Coast Guard officials reopened the Mississippi River to commercial traffic.

The river had been closed in an area near Diamond Bluff after two tow boats and their barges ran aground on July 6.

Coast Guard officials then closed the shipping channel on July 7, from Mile 801 to 807, approximately four miles upstream of Lock and Dam No. 3.

According to Mark Davidson, a spokesman for the St. Paul District of the U.S. Army Corps of Engineers, dredging operations started on Monday and were completed on Tuesday at around 8 p.m.

"Dredging took about seven hours and they removed nearly 4,000 cubic yards of sediment," said Davidson.

The contractor used a backhoe mounted on a barge to dredge the material from the river bottom. It was then placed on a barge and taken to another location for unloading.

Silt buildup is pretty common along the river, according to Davidson who said that the Corps surveys the river on a regular basis to make sure all channels have enough depth to support commercial shipping.

But despite the survey Davidson noted that groundings still happen.

"This happens two to three times a year," he said.

Davidson said the Corps also works with commercial shippers to see what areas of the river are in need of dredging.

By Debbie Griffin, RiverTown Staff

Polka enthusiasts: Gear up for a full weekend of music and dancing at the 33rd annual Polka Fest Thursday - Sunday at the Pierce County Fairgrounds on Hwy. 65 in Ellsworth. Organizers expect about 2,400 fans to attend, including campers who stay a few nights or all weekend.

Festivities kick off 7 p.m. Thursday with a jam session featuring Bruce Libby and Buttons and Bellows. Fourteen bands take the stage during the four-day event.

Fans can shop the goods and services of Fritz Concertina Repair and Sales as well as polka music by Chuck Stastny. Dancers can kick up their heels on one of three, wooden dance floors.

Ellsworth's Chamber of Commerce and civic service clubs will provide food and drink including brats, beer, cheese curds, turkey sandwiches, barbeque chicken, burgers and more. Vietnam Veterans serve breakfast Saturday and Sunday.

Bands begin playing at 6 p.m. Friday, 1 p.m. Saturday and noon Sunday. Admission for those days costs $12, $13 and $11 respectively.

For more information about the different bands and when they take the stage, go online to www.pressenter.com/~epolka or e-mail ellsworthpolkafest@yahoo.com; or call Roger Bjork at 715-273-5596.