Supreme Court to hear Balliette case

MADISON - The Wisconsin Supreme Court will hear the case of a man who has spent the last decade behind bars after being convicted of driving drunk and killing a Winnebago County woman.

David J. Balliette, 47, was convicted in the 1999 death of Michelle Thein. She was killed instantly when Balliette’s pickup truck struck her car as she was turning left into her driveway. Balliette was driving behind Thein and was trying to pass her on the left when the crash happened. His blood alcohol level was measured at 0.183 after the crash.

Balliette claims his lawyer during the trial was ineffective because he did not call an accident reconstruction expert. Balliette maintained Thein did not use her turn signal and braked suddenly, which caused him to lock up his brakes. He argues the accident would have happened even if he were sober.

In a hearing in January 2009, a Winnebago County judge denied Balliette’s appeal, but a state appeals court later ruled the case would have to be sent back to Winnebago County to clarify the trial attorney’s reasoning for not calling an accident reconstruction expert to testify for the defense. Prosecutors wanted the Supreme Court to look at the case, arguing the appeals court’s decision could lead to hearings being required in future cases where ineffective counsel is argued.