MADISON, WI – In September, the wrongful conviction of David and Robert Bintz was overturned, reported the Wisconsin Examiner, noting, after being accused of the murder of Sandra Lison, the brothers were finally released more than two decades after they were convicted.
Robert Bintz explained to the Wisconsin Examiner, “I missed my mom, before she died,” he further added, “I missed my niece, Hannah. Got killed by a horrible car accident… I missed my job I once had.”
After being released from prison, Robert did not receive any reentry assistance from the state, explained the Wisconsin Examiner. He made a request to the Wisconsin Claims Board in February, which stated his sister isn’t able to meet his complex needs.
The Wisconsin Examiner reported the brothers are requesting $2 million each from the state for their wrongful imprisonment because of the anticipated high costs for their health care.
“He’s 68 years old,” Isaiah Eastling, Robert’s nephew, said to the Wisconsin Examiner in November, “It’s not fair for him to have to go and get a job like all of us, and just to try to get back into society like that. That’s impossible.”
To award money, which caps at $25,000, the Wisconsin Claims Board must find that evidence of innocence is “clear and convincing” and not due to the petitioner contributing to their conviction by something they did or failed to do, detailed the Wisconsin Examiner.
Jarrett Adams, one of the Bintz brothers’ attorneys, is unsure if they have a claim for a federal lawsuit, wrote the Wisconsin Examiner, adding he noted they might have an opportunity to get compensation if the state doesn’t award it to them.
Robert’s sister, Cindy Eastling, said Robert called her every week in prison, yet she “had no idea that he had all these health issues,” cited the Wisconsin Examiner, adding she had very little time to prepare for his arrival and said that his eye and arm were bruised, and he later told her he had been beaten, she said.
Robert requires constant care and over 20 daily medications for his physical and mental health conditions, which have worsened with a lack of sufficient medical attention in the prison system, according to his compensation claim, noted the Wisconsin Examiner.
Eastling has said that with proper medical attention, some of Robert’s health problems, like his asthma, have improved.
“Bobby knows I love him, but it really took a toll on me,” Eastling said. “I wasn’t prepared, and then the way he showed up, he looked absolutely horrible… he looks so much (healthier) now. We’re doing one physical problem at a time,” reported the Wisconsin Examiner.
The Wisconsin Examiner noted Eastling’s fear when taking him in: “Honestly, it scared me,” Eastling said, “I thought one morning I’d wake up and he’d be dead.” Eastling said he wishes the system would move faster so they could get the help they need and deserve.
Although the brothers have health coverage, “it’s challenging,” said Carla Broadnax of Jarrett Adams Law, reported the Wisconsin Examiner, noting she said, “Accessing consistent care is persistently tricky, partially due to the cost associated with transportation, medical appointments, and necessary medications.”
The Wisconsin Examiner wrote that not only are medical issues a cause for concern, but housing has been an issue for both brothers. According to the compensation requests filed in February, David was able to find housing with a local nonprofit in Appleton, states the Wisconsin Examiner, adding his housing situation is temporary, and he has been unable to find the care he needs.
The Wisconsin Examiner reports that, as for Robert, he, too, is unable to find the proper constant care he needs, according to his request, and the newspaper explained GoFundMe’s have been set up for both the brothers and have helped bring in some money, but monthly disability and social security only cover basic needs.
Jarrett Adams, one of the brothers’ attorneys, said, “This leaves everybody scrambling, (when) somebody like David and Robert gets out” this means that “Everybody’s just trying to do what they can.”
The Wisconsin Examiner also stated that Adams himself was once incarcerated and released when his conviction was overturned, leading him to help create the organization LifeAfterJustice, which helps support those who have been wrongfully convicted, and through this organization, the brothers are able to get mental health care, Adams said in late February.
Cindy Eastling said she can tell Robert is dealing with the trauma of being wrongfully incarcerated because “he’s holding back a lot of things, I can tell. And he’s always happy, but bad things happened to him in there,” explained Eastling to the Wisconsin Examiner.
The Wisconsin Examiner reported the Bintz brothers were charged in 1999 with the 1987 murder of Sandra Lison, according to the National Registry of Exonerations.
Test semen from the rape kit found that it did not belong to either of the brothers, the Wisconsin Examiner reported, adding the blood found under Lison’s body also did not belong to either of them.
Despite the Wisconsin Innocence Project in 2006 confirming the semen and blood belonged to the same person, and yet that person was not either of the brothers, their motion for a new trial was denied, adds the Wisconsin Examiner.
The Brown County Attorney’s Office prosecuted the brothers with a theory of robbery and murder, noted the Wisconsin Examiner, and after the brothers were exonerated, David Lee, Brown County District Attorney, said, “The prosecutors and the law enforcement officers were handling this case at the outset, followed the evidence that they had at that time, and that conviction was sound.”
The Wisconsin Examiner also reports that, as for statements regarding the incident, it reveals contradictory information, including statements from those incarcerated with David that said he admitted to the crime.
In an interview with detectives, the Wisconsin Examiner notes David admitted that he and his brother were involved. At the same time, David also made statements that he wasn’t involved with the crime at all and was at home, according to the National Registry of Exonerations.
The Wisconsin Examiner wrote David Bintz’s request stated, “During the interrogation, David Bintz maintained his innocence, but after several hours, he made confused and contradictory statements — some of which confirmed Swendby’s allegations, others which stressed his innocence,” and that they violated his rights by “depriving him of food, water and restroom breaks in clear violation of his rights” after being interrogated for six hours combined with the intellectual disabilities that David has.
The Wisconsin Examiner explained the request further stated that David was coerced to sign due to the pressure of interrogation implicating him and his brother in Lison’s murder.
A mixture of facts from the firm’s complaint, communication from the Bintz brothers, and findings from investigative reports provided context for the basis of the request, Jarrett Adams, one of their attorneys, told the Wisconsin Examiner.
Although the brothers had previous convictions, states the Wisconsin Examiner, including David being sentenced to prison for sexual assault, Adams said Lison’s murderer is now known and “nothing else matters but that. It wasn’t them.”
Investigative genetic genealogy linked crime scene evidence to three male children of a couple in the Green Bay area, adds the Wisconsin Examiner. The Wisconsin State Crime Laboratory determined that substances at the scene pointed towards William Hendricks, who had a history of violent sexual attacks and died in 2000.
Of 375 DNA exonerations between 1989 and 2020, over a quarter involved a false confession, according to the Innocence Project.
The Wisconsin Examiner reports about life after exoneration for the Bintz brothers, including plans beyond healthcare if they win compensation from the state.
Carla Broadnax of Jarrett Adams Law noted to the Wisconsin Examiner both of them had a desire to own a home. David wants to eat home-cooked food, and Robert wants to see the world.
The Wisconsin Examiner also reported David said he’d like to “help a couple people out that ain’t got nothing,” he said, and is also continuing to make art and decorate cards to send to those incarcerated.
“That was my hobby,” David said, “When I knew I was getting out, he wanted me to leave all my art supplies behind. I said, ‘No, I’m not leaving my stuff behind. I’m still going to do this when I get out,” wrote the Wisconsin Examiner.
