Free Zachariah Anderson

Sentencing Brief:

First, we'd like to say thank you, again, to every person that has generously donated money, prayers, and concern; we're forever grateful.

Second, Zach's sentencing occurred on May 16, 2023 as scheduled. Unfortunately, no one in our family was allowed to speak on Zach's behalf at the sentencing, despite the fact that sentences are supposed to be individualized based on many factors, including the character of the defendant. Regardless, Zach handled the hearing with as much grace as anyone could have in that situation. He also was finally allowed to speak on his own behalf, which I have transcripted here (please skip all the blue text if you wish to keep reading past his statement):

"I don't want to go into all the details of the case. I got a lot of dispute about what was said, what was portrayed. I think the facts with a little more scrutiny tell a much different story than what the jury decided and I don't think that things played out fairly. I think that there's some things that are--not just from our side--questions outstanding for both sides and I don't think the court accomplished what it set out to do in any means if both sides are left with so many questions. And I don't think--without going into the case--I don't think we really got to the heart of the matter. What I can tell you is: I didn't kill anybody. What I can tell you is: I didn't stalk anybody. What I can tell you is: I didn't dispose of any corpse. It's really weird to be sentenced for or convicted for it and soon to be sentenced for it, but I didn't, judge. It kind of feels like there's no turning around on that now. I don't really know how to make a better statement of my opposition, but I disagree. I'm innocent. I don't know what you're going to decide. I don't know what you're all going to weigh. I don't even know how to represent my own character without having my family be able to testify on my behalf, but they do have some things that are relevant. I mean, even in this... even during the trial, there was a gentleman who tried to come up and talk to me. I think there was a comment about how everything has happened during the trial when he made that attempt. Nobody really knew who he was and I do know who he is; he's a man who I saved from assault in jail. He's actually related to one of the jailers and my heart went out to him because I know he appeared inebriated and I know he struggles and I know he was coming up here to talk to me because we got along so good. But those tiny little moments throughout somebody's life, nobody accounts for those. But what they do a really good job of is making up all of these things that they want you to believe when they can label you as a monster. I still didn't. It's still weird. I want to be remorseful and I am for the things that I did wrong. You're welcome to sentence me for everything that I did wrong just like the judge in South Dakota. The only thing that I disputed in that instance was whether or not I was coming back to Wisconsin with that, which the prosecution is now repeatedly made false statements about on their own assumptions hoping that everybody in this courtroom--everybody that's watching this--would buy. Oh yeah, he was bringing something back to Wisconsin. Not true. Was I caught with marijuana in my car? Yeah. Yeah, I was. Should I have? No. Did I bend the rules there? Broke them. Broke the rules. And when they said, hey, this is a problem, I said: 'Well, I did knowingly and I'll be held accountable for it.' That's it. And if I killed somebody, whatever that situation was, I can tell you in my own heart it wouldn't be intentional. But, I didn't at all. A guy I never met? I don't really know... I don't really know what this is but I didn't do it. I'm innocent, judge. Not 'not guilty.' I'm innocent."

Not having the ability to speak on his own behalf has weighed heavily on Zach the past three years, so it was a relief for him to finally be able to publicly speak the words: "I'm innocent." We get a lot of questions about why he didn't testify at his trial, and the most simple answer is because everyone has the right against forced self-incrimination, per the Fifth Amendment to the United States Constitution. The more complex answer is that it would not have benefited him at all. Not only does the prosecution then get the ability to try to further impeach his character and credibility, but nine times out of ten, no one believes what the defendant has to say anyway. A defendant's perceived credibility is already very low simply because they have charges brought against them and most people will dismiss their testimony as being perjured for their own benefit, even if they are 100% truthful. Due to these reasons, Zach's legal counsel advised against him taking the stand to provide his own testimony.

We did expect a life sentence to be issued at the hearing, per Wisconsin minimum sentencing guidelines. But, here is Zach's full sentence:

• Count 1, Stalking: 2 years prison w/ 2 years extended supervision 
• Count 2, Stalking: 2 years prison w/ 2 years extended supervision
• Count 3, 1st Degree Intentional Homicide: Life in prison w/ eligibility for extended supervision after 40 years
• Count 4: Hiding a Corpse: 6 years prison w/ 5 years extended supervision

All time is to be served consecutively, meaning Zach is sentenced to serve 50 years in prison before he is eligible for parole. He currently has served roughly 3 years of that sentence already while waiting for trial. 

On to Appeal:

As much as we are grief stricken about Zach's sentence, we are grateful to be past this inevitable hurdle. A motion for appeal cannot be filed until after sentencing, so now that we have crossed that bridge, he has officially filed for his appeal with the Wisconsin Court of Appeals. Here is an outline of the general process for an appeal:

• Step 1: Filing the Notice of Appeal. 
  • Done. Notice filed 5/16/2023. 
• Step 2: Hiring an Appellate Attorney
  • This is where we currently stand while we wait to see which route Zach wants to go with this. Zach has two options: 1) Hire private counsel or 2) Apply for a public appellate defender. Public defenders, although mostly free, can take several months to years to be appointed and Wisconsin is notoriously slow to appoint. Conversely, private counsel will prove to be the much quicker option to move on to Step 3, but generally the costs is upward of $150k+.
• Step 3: Preparing the Record on Appeal.
• Step 4: Researching and Writing Your Appeal.
• Step 5: Oral Argument.

We expect that this entire process will take somewhere in the ballpark of 1-3 years, depending on whether he has to wait to be appointed a public defender; if he chooses that option, it could take several more years on top of that estimate. However, we have to take this one step at a time and remember that we are moving in the right direction. It's just not an easy thing to wait when an innocent man is wasting years of his life behind bars. 

Next Steps for GiveSendGo:

We will be making another update detailing our current goals and standing with the fund. Check back here soon!