Brossard found not guilty
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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.
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 she failed to appear at work 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, Koss admitted that some pieces of the crime puzzle were missing, but he said the overall picture pointed to David Brossard as the killer.
“If you find him not guilty, you’re rewarding him,” Koss said during his closing statement. “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.”
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 have 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.
“I think Mr. Koss did a fantastic job with this case,” Blumenfield said. “Unfortunately, the facts were just not there for him.”

Sep 2, 2009 at 5:17 p.m.
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So did I Delavan
Sep 2, 2009 at 4:01 p.m.
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Reader 202:For your information I sat on the Mark Jensen trial.Koss just blew this one.Look for a civil trial, were like O.J. will have to pay............................
Sep 2, 2009 at 10:39 a.m.
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A lie is a lie even if everyone believes it. The truth is the truth even if nobody believes it
Sep 2, 2009 at 8:29 a.m.
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Delavan...How soon that you forget that a Walworth County jury convicted Mark Jensen of murdering his wife. If you had sat on the jury and had to listen to just the evidence that is given in court and not in the media, you may or may not have come to the same conclusion. There was a fresh crime scene to investigate and gather evidence.
With this case, there was no fresh crime scene and limited evidence to collect. The system we have is not fool proof, but it is the best in the world. With a jury there are 12 perspectives that look at the evidence and then come to a conclusion. In our system of justice even a defendant that may have convicted has the right to appeals if they feel they were wrongly convicted, yes it takes money, but there are still avenues. There would have been people that feel that if the DA had not brought this case to court with the evidence, they would have blamed him for not trying.
Sep 2, 2009 at 7:34 a.m.
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One of the things that was not brought out at the trial was the fact that David Brossard took a lie detector test back in 1998 and passed.
Sep 1, 2009 at 10:11 p.m.
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YOU GET AWAY WITH MURDER IN WALWORTH COUNTY.
Sep 1, 2009 at 10:05 p.m.
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since i was just a child - i was told, if it walks like a a duck, looks like a duck, acts like a duck.... come on, people - he TOLD someone how he was going to kill her and then did it. he threatened her life and admitted to it (wedding dress on their bed - till DEATH do us part). i think it's sad and downright insane that this man is going free. i don't care what problems they were having, how much she was drinking - it OBVIOUSLY was not an accident. i am so disappointed in the jurors. i guess they just wanted to go home.
Sep 1, 2009 at 3:38 p.m.
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I think the DA's case took a real hit when they felt their star witness, his girlfriend, was too unreliable to put on the stand.
Sep 1, 2009 at 3:36 p.m.
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there are alot of people in prison at this time that are innocent,its the states way of saying who cares we got someone,and we dont care who it is and we dont care if their guilty or not.i do hope the right decision was made on this case,but im not the one who has to live with myself, the jury and the judge are.so lets hope the right decision was made.
Sep 1, 2009 at 3:18 p.m.
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It's better to have 10 guilty people go free than to have one innocent person behind bars because that one person could be you, or a loved one.
Sep 1, 2009 at 3:17 p.m.
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Sometimes innocent people go to jail -- sometimes guilty people go free. Juries are not 100% failproof. They can't convict if there is any question at all. We have a lot of "not-guilties" walking the streets looking for their next victim.
Sep 1, 2009 at 12:48 p.m.
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I hope they made the right decision and he is truly innocent. And I hope they get the person who did it. The killer obviously knew the lake well if they dumped her in the deepest part.
Sep 1, 2009 at 12:12 p.m.
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frusion:
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Reference the bolts per the 8/28 article (link above under Related Stories), the brother (who employed Brossard) testified that “he never carried those at Action Marine”. Presumably the prosecution couldn’t prove otherwise. Even if they had, it would be pretty weak, but as is, you can see they were struggling to come up with much of anything.
Sep 1, 2009 at 11:36 a.m.
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Northman... true, the chains and blocks could have been purchased by anyone, but didn't I read earlier on that the bolts used were a specific grade and type of bolt that was only used in specialized applications such as marine repair? True, bolts are bolts and any type could be purchased by anyone, but I'm surprised the prosecution did not focus more on that fact. Especially because the defendant worked at a boat repair shop that used that type of bolt.
Sep 1, 2009 at 11:16 a.m.
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ljs64 you are the ignorant one. Alot of cases go forward with VERY little physical evidence, or circumstantial. Lawyers in the family, so I am well informed on just how little it takes to go forward in a criminal case. It can be as little as he said, she said. Sad is it not? OVERLY ambitious D.A.'s , that try to tape and glue cases together.
Sep 1, 2009 at 11:02 a.m.
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All in all he will be considered to have Killed his EX no matter who belives him. Gunn slinger Da's who just are trying to make a name for thereselfs. In wisconsin ur guilty till proven innocent and a lot of people dont have the money to pay for high dollar attorneys, Shame.....because alot of people take the plea agrement and take it up the !#$
Sep 1, 2009 at 10:59 a.m.
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“Dawn’s body was weighted with concrete blocks and chains the prosecution says were easily accessible to David.”
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If that is an example of the prosecution’s evidence, I’m amazed the judge even let this go forward. From previous articles, it sounds like there’s nothing specialized about the blocks or chains. They should be “easily accessible” to anybody who can walk through the door of Home Depot. I have no idea if this guy is guilty, but for prosecutors to bring something this lame to trial is shameful. It’s just flat scary that somebody almost went to jail based on nothing but hearsay and the flimsiest of circumstantial evidence.
Sep 1, 2009 at 10:57 a.m.
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The DA had enough evidence to convince a judge in the pre-trial that a jury trial should occur based on the evidence at the time of pre-trial. So as Pat stated "he evidently had no case", is an ignorant statement.
Sep 1, 2009 at 10:19 a.m.
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The point of a "not guilty" verdict isn't that they believe someone else did it. The point is that the state was unable to prove that he did it beyond a reasonable doubt. The burden of proof is on the state. Brossard is not required to prove that he is innocent.
Sep 1, 2009 at 10:15 a.m.
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Exactly it could have been anyone. IT is not always the spouse or former spouse. UNFORTUNATELY the d.a. thought I will try to blame the ex and he evidently had no case. Think of all the tax payer money this d.a. wasted, instead of investigating other sources and leads.
Sep 1, 2009 at 10:06 a.m.
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justsayno,
uh...how about the person that murdered her? It could have been someone she met at a public place, someone out of state, someone the public didn't know or recognize. The state took the easy way out and blamed the estranged husband...
Sep 1, 2009 at 8:25 a.m.
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With all the innocent people who have ended up in prison due to a prosecutors ambitions its good to see the jury could see through the smoke.
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