A family's 11-year struggle for justice ended last Wednesday morning in a Vilas County courtroom when Doug Plude was sentenced to 25 years in prison for killing his wife, Genell.
Plude, 43, entered a guilty plea to a charge of first degree reckless homicide in September after insisting for 11 years that he had nothing to do with the mysterious death of his wife back in October 1999.
Genell Johnson Plude, 28, was found dead in her Land O' Lakes bathroom during the early morning hours of Oct. 22, 1999. Significant amounts of drugs were found in her system and unusual bruises were found on her body.
Three years later, the state convinced a Shawano County jury her husband poisoned her with migraine medicine, drowned her in the toilet bowl, and arranged the scene to look like a suicide.
The state argued Plude killed Genell, who had begun to question her sexual orientation, because she was planning to leave him. According to trial testimony, Genell's parents were set to drive to Wisconsin from Minnesota. 23, 1999, to pick up their daughter so she could start a new life in another state.
During the trial, the defense claimed Genell Plude was deeply depressed and her plan to leave her marriage was a fantasy.
Doug Plude was sentenced to life in prison with the possibility of release in 20 years.
He served a little more than five years in prison before the Wisconsin Supreme Court overturned his conviction in June 2008 because an expert witness exaggerated his credentials.
A second trial was set for October 2010 but Plude took a plea deal before the trial was to commence.
Last Wednesday, he again insisted that he did not kill his wife and explained that extenuating circumstances (his mother's battle with an incurable form of cancer) caused him to take the deal.
"It didn't take long for me to accept this plea bargain so I can be home for her," he said. "It's not about me and my innocence anymore. I would have loved to prove it, believe me. But she means more to me, having her alive and keeping her in remission with the once a month treatment.
Without me there, she will lose that battle and I will lose my best friend."
The state and the defense had recommended a sentence of 20 years probation (and no additional jail or prison time) but Judge Neal A. Nielsen found such a lenient sentence would "unduly depreciate" the severity of the offense and ordered Plude back to prison.
After the hearing, Vilas County District Attorney Al Moustakis said the decision to recommend probation was complex and hinged in part on a belief that Plude does not pose a threat to the public as long as he is supervised by the Department of Corrections.
Nielsen's decision to send Plude back to prison came after four hours of gut-wrenching testimony from Genell Plude's friends and relatives.
One by one, Genell Plude's aunt, uncle, cousin, siblings, parents and others shared their memories and their grief. They recalled fishing trips, camping, going out for pizza, smiles, hugs, poems, the last weekend of Genell's life, the plans they had for the future and the milestones of life both large and small she missed out on over the last decade.
"She was and still is very special to us all," said her aunt and godmother Kathy Miller. "As you can see 11 years later we are all here for her."
Each family member asked Nielsen to impose a long prison sentence.
"Judge Nielsen, please consider the absolute terror that Genny suffered at Doug's hand during the homicide," asked her uncle Lyle Miller. "We've all come to the end today of the long road to justice. Please allow me and my family the satisfaction and comfort of a fair punishment for recklessly taking the life of a wonderful person, Genell Kathleen Johnson."
Given his chance to speak, Plude admitted to being a poor husband but insisted he did not kill his wife.
"I am guilty of being a bad husband, I'm not guilty of taking my wife's life and I'll swear it until the day I die," he said. "I did contribute to the situation, not being the best husband in the world. I should have paid more attention to Genell and my marriage."
Nielsen appeared to struggle with his sentencing decision. He spoke at length about the unanswered questions that remain 11 years after Genell Plude's death and called the plea deal "inexplicable and ill-conceived.
"I don't know what happened in that bathroom, I don't know how the fioricet got into Genell Plude. I don't know the exact mechanism of death.
How were (the pills) administered? Did she take them? Did he give them to her? Was the fluid in her lungs from pulmonary edema or was it from toilet water? Does it make a difference if he was the one who administered the drugs? All of these questions are unanswerable without knowing exactly what happened," he said.
Nielsen expressed some degree of empathy for Plude's situation in regard to his mother's illness but ultimately concluded that prison was necessary in this case.
"Neither is it my role to let my personal concern for the welfare of Mr. Plude's mother dictate what the community regards as an appropriate measure of responsibility for serious criminal conduct," he said.
As he heard the sentence, Plude dropped his head and began to cry. "No," he sobbed. "My mom, my mom, she's going to die."
He was immediately led away to the Vilas County jail where he will stay until he is transferred to the prison system.
In the hallway outside the courtroom, members of the Johnson family held each other. Genell's father, Ken, said through tears that the family was too overwhelmed to put their feelings about the sentence into words.
Because this offense was committed before the state changed its sentencing guidelines, Moustakis said Plude (who was given credit for time served before his first conviction was overturned) will likely be eligible for parole a little over a year from now after he serves 25 percent of his sentence.
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