By Mike Johnson
Milwaukee Journal Sentinel
WAUKESHA, Wisc. — A psychiatrist testifying for the state Wednesday said that he believes killer Alan Randall is a low safety risk and supports releasing Randall from secure state mental health institutions where he has been held since the 1970s.
Randall, who killed two Summit police officers in 1975, filed a petition seeking his release, and a trial is under way in Waukesha County Circuit Court to determine whether Randall no longer is a danger to society and should be freed.
Prosecutors Brad Schimel and Stephen J. Centinario Jr. contend that Randall remains dangerous and untrustworthy and should continue to be held.
While psychiatrist Frederick Fosdal said he supports the conditional release of Randall, he testified that Randall, 50, may need to be watched closely for the rest of his life.
“Because of what happened, a person who behaved that way may need indefinite supervision,” Fosdal said.
In questioning Fosdal, Centinario on Wednesday elicited testimony that showed Randall broke rules while being held at the Winnebago Mental Health Institute near Oshkosh.
Randall secretly purchased a home in 2002 and spent a substantial amount of time there while he was supposed to be at his work-release job, according to testimony. His attorneys have said the house was purchased to store items from the estate of Randall’s parents.
Randall had been allowed to leave Winnebago unescorted but later lost those privileges because of rules violations. Centinario contended that Randall’s behavior shows he cannot be trusted and, therefore, remains a danger.
But Randall’s attorney, Brian Kinstler, elicited testimony from Fosdal that showed Randall has not had a single safety incident over the nearly two decades that Randall has been allowed unescorted off ground liberties from mental health institutions.
“He has behaved safely and responsibly most of the time,” Fosdal said.
Kinstler said Randall no longer suffers from a mental illness and should be freed.
He said Randall has been held in secure mental institutions since 1989 even though he has not had a diagnosis of mental illness since that time.
Randall was 16 when he ambushed and gunned down officers Robert “Rocky” Atkins, 28, and Wayne Olson, 52, on Jan. 26, 1975, as they sat in a squad car outside the Summit Town Hall.
A jury found Randall guilty in 1977 of the two murders, burglary and auto theft, but a judge later found him not guilty by reason of mental illness. Randall was ordered committed to a mental health institution. He was diagnosed as a paranoid schizophrenic.
He was acquitted in the Jan. 11, 1975, murder of Ronald Hoeft, 43, of Summit, from whom Randall stole a car.
Randall’s defense attorney at the time questioned the veracity of Randall’s confession and contended police investigative evidence was tainted.
Testimony before Judge Lee S. Dreyfus is expected to conclude Friday.
Copyright 2009 Milwaukee Journal Sentinel