Libertarian Party activist Rolf Lindgren has racked up thousands of dollars in legal bills defending himself from a misdemeanor charge that he stole $50.
Now he's willing to spend $50 more to find out: Who was that guy in the videotape?
Lindgren, of Madison, was charged in 2003 with stealing $50 from Irish Waters, 702 N. Whitney Way. The case was based on statements by two employees of the bar and restaurant that Lindgren was the person on a videotape taken the night of the theft.
The video showed a man leaving Irish Waters late on Nov. 20, 2003, with a black apron tucked under his arm, reportedly with $50 in tips in the pocket. Six days after the video was taken, when Lindgren came into Irish Waters, one of the employees pointed to him as the man on the tape.
A Madison police officer said in his report that although no one saw the apron being stolen, the two employees were "adamant" that Lindgren was at Irish Waters the night of the theft. Lindgren said he was home alone. After a lengthy interview with Madison police, Lindgren was written a ticket for theft.
Lindgren, a 42-year-old loan officer, insisted from the start it wasn't him. He has posted the photos on the Web site,
www.rationalreview.com, offering a $50 reward to find out who's on the videotape.
Lindgren said the case initially may have been based on mistaken identity, but the trouble was compounded when Madison police and the prosecutor refused to believe it wasn't him on the tape. Last week, without explanation, Assistant District Attorney Jay Mimier dropped the theft charge just as the case was about to go to trial. The charge was dismissed without prejudice, meaning it could be refiled.
On Wednesday, Dane County District Attorney Brian Blanchard said his office pursued the case "in good faith." He initially said the dismissal of the theft charge was part of a plea deal involving a drunken driving case against Lindgren. Blanchard later corrected himself, saying there was no plea deal and that the charge was dropped so Mimier could focus on the drunken-driving case, in which Lindgren has pleaded not guilty.
Blanchard added that it would be unfair to publish a story about the case without talking to Mimier, but Mimier didn't return messages left at his office Monday, Tuesday and Wednesday.
Lindgren's attorney, John Hyland, said he's glad the matter was put to rest.
"I certainly agree with the decision to dismiss," Hyland said. "I think it should've been done a long time ago."
Hyland said Lindgren has a "tiny resemblance" to the man in a "very, very fuzzy picture" that had been posted at Irish Waters. But if you watch the surveillance tape, Hyland said, "The person doesn't look like him at all, in my opinion."
Mimier offered to drop the theft charge if Lindgren would plead guilty to his fourth drunken-driving charge, which was issued on the same evening police questioned him about the stolen apron. Lindgren was arrested after retrieving his car from Irish Waters and driving to a convenience store, where a clerk contacted the police because he believed Lindgren was drunk.
Lindgren said he refused to plea bargain because, "If I did that it would look like I just got away with ... theft." He denied, under oath, stealing the apron during an Oct. 1, 2004, hearing in his drunken-driving case.
Lindgren said the most compelling evidence that he isn't guilty is that the man on the tape clearly has a full head of hair, while Lindgren said he's been losing his hair since he was 16.
"(Police) should've been able to tell it wasn't me on the video. (The person on the tape) doesn't really have thinning hair on top. I do," he said.
Lindgren has his theories about why he was prosecuted, mostly revolving around the unpopularity of some of his Libertarian views and his efforts in 2003 to recall Gov. Jim Doyle.
But, said Lindgren, "It doesn't really matter why they did it. What really matters is that they did do it. If I were a black person, I'd be charging racism. What are they saying, All white people look alike?'"
Hyland believes the two witnesses simply made a mistake because they recognized Lindgren from earlier visits to the bar and restaurant. He added that the pile of legal bills may be, unfortunately, the price of justice for Lindgren.
When you're wrongfully accused, Hyland said, "You're just out that (money). There's no recourse in the system to compensate people."