Daryl Strenke called to his former girlfriend to come out of her Comstock mobile home so the two, who had recently broken up, could talk. Samantha "Sam" Verby told him to come inside. As Verby blurted out, "What are you doing?" Strenke aimed his 12-gauge shotgun at her head and fired, killing her.

Verby's two friends ducked for cover as Strenke then turned the gun on himself, blowing away the lower part of his face.

The crime left the Verbys without a daughter and a 7-year-old girl without her mother. But Strenke, of Turtle Lake, survived the shotgun blast, eventually pleading guilty to second-degree intentional homicide for the June 30, 2002, shooting. Strenke sustained significant injuries that make it impossible to eat or speak normally.

Later this month, the Columbia Correctional Institution inmate is expected to have the first of what likely will be a series of extensive - and expensive - surgeries to repair his shattered face, his mother, Darlene Strenke, confirmed.

The decision by the state Department of Corrections to OK the surgeries is raising questions about how far the state should go to provide medical treatment to prisoners who rely on the state for their care.

Strenke's mother is defending the decision, saying Strenke, 45, is "tortured" by his injuries. He is serving a 60-year sentence, including 30 years behind bars.

Verby's mother is unsympathetic. She said Strenke should have to live with the consequences of his crime.

"Taxpayers feel their money should go to better things than rebuilding his face," said Alice Verby, of Turtle Lake. "He did it to himself. Let him live that way."

A duty to limit suffering

Corrections spokesman John Dipko would not confirm or deny that Strenke would receive surgery, citing patient confidentiality rules.

However, Dipko emphasized that any "reconstructive surgery would be undertaken for medically necessary reasons only, not for elective purposes."

The department has a legal responsibility "to deliver adequate health care to inmates under its custody," he said, adding that "deliberate indifference to an inmate's serious medical needs" would violate the constitutional prohibition against cruel and unusual punishment.

"Our actions as a correctional health care provider are consistent with this constitutional directive, including instances in which an individual is identified by an outside medical specialist as in need of reconstructive surgery to protect the individual's life and health," Dipko said.

Helen Potts of Physicians for Human Rights said there are other reasons the department may be obliged to provide the care.

"Doctors have an ethical duty to prevent and limit suffering of patients in their care, and a duty to practice medicine in a neutral way without fear or favor," said Potts, an attorney and human-rights expert at the Cambridge, Mass.-based group. "And under international human-rights law, governments are obligated to respect the right to health and refrain from limiting access to medical care for prisoners."

Weighing the need - and the cost

State Rep. Ann Hraychuck, D-Balsam Lake, who was the sheriff of Polk County in 2002 and helped prosecute Strenke, said she sees both sides. Taxpayers don't want their hard-earned money wasted, but the state must care for people in its custody, she said.

"I do understand that institutions are responsible for providing necessary medical treatment," Hraychuck said, noting that as sheriff, she ran the Polk County Jail. "Now my job is to protect taxpayers ... and make sure they're getting the best bang for their buck."

In the end, Hraychuck said, she trusts Department of Corrections Secretary Rich Raemisch, former Dane County sheriff, made the right decision. Given the budget cuts across state government, Hraychuck said, "I can't imagine that the secretary of the Department of Corrections would OK any kind of treatments or surgery that isn't absolutely necessary."

Attempts by the Wisconsin State Journal to determine how much the facial reconstruction might cost were unsuccessful.

Asked to estimate the cost of such procedures, UW Hospital spokeswoman Lisa Brunette said it would be impossible without a physical examination and knowing the patient's detailed medical information. But she hinted it could be expensive.

"Complicated reconstructions for severe injuries in particular very often present unexpected developments all along the way," Brunette said. "I don't think we can responsibly provide even a ballpark estimate at this stage of the process."

'They're still a human being'

Without surgery, Darlene Strenke said, her son would continue to struggle to speak and eat. She said his speech is nearly impossible to understand, and his food must be pureeed.

"He doesn't have any teeth. He doesn't have a roof in his mouth, and he's only got part of a nose," she said.

Verby said alleviating Strenke's suffering at a time her family continues to struggle with its own loss doesn't seem fair. Her husband, Larry, was the first on the scene, running from the family owned Staples Lake Bar near Samantha's home. Her granddaughter was just a few feet away when her mother was shot to death.

"It took quite a long time for her to go to sleep by herself," Verby said. "She was afraid someone else was going to shoot through her room."

Darlene Strenke admits there was a time when she would have felt the same as Alice Verby - until her own son was sent to prison.

"It doesn't matter who they are, what crimes they've committed, (prisoners) still deserve the (medical) care," she said. "They're still a human being."

http://host.madison.com/wsj/news/local/article_ae184f7e-b5f3-11de-a4cc-001cc4c002e0.html



I just don't get it. Criminals seem to have more rights than law abiding citizens.
I personaly donn't think this guy should be giving this surgery. It doesn't affect his health at all so why should he get it.
He can still eat, so what if his food needs to be pureeed. He can still eat. So what if you can't understand what he says, give him a notebook and a pencil, Or even one better give him books to learn sign language, he has enough time on his hands to learn it.

Personally I think they shoulda let the mutha fuxer die.... But I still think its one hell of a strech for you to say they get MORE rights than a law abiding citizen

i agree with that.i think he made his bed and should lay in lt ,but i also think its a far and biased stretch for him to say they get more rights than a law abiding citizen.

I dunno I don't get it you also get free college if you go to prison hmmm I as a law abiding hard working citizen can't afford to go college or the doctor. Hmmm I am a human the state does not provide me with medical care they would expect my family to pay for reconstructive surgery...people around here have cancer or other ailments I go to benefits all the time for them the state isn't chipping in and I am sure these folds are also human but I guess you gotta go blow someone away and ruin someones childhood to get medical care from the state.

They don't have to work for anything. Everything is provided for them. Maybe it was a poor choice of words saying they have more rights. But I work hard for everything I have. They do nothing and get what they need.

This guy doesn't NEED this surgury to live. He gets by just fine. What gives him the right to have this done.

Had his girlfriend survived and I'm sure her face would have looked just as bad. Who would pay for her surgery's? She would have to.

So he took a life and tried to take his own. (or at least make him unrecogniseable).

And his mother still had the cheek to defend her son for rights to eat and speak when there's more than one way of communication and if is food has to be pureed it can still be eaten. Imagine what those with no teeth available have to do? Imagine what the people who have no choice in whether they can speak clearly or not?

Who had committed the cold blooded murder? (ok, with intention of taking himself too).

Personally, If I was in that situation, my whole family would disown me. They would simply inform me that I got myself in that mess, I have to deal with it.

Furthermore, For the people forking out the money to go into his re-constructive surgery, that should NOT be taxpayers money - but it usually always is.

If doctors feel its necessary, then let them get on with it. They're not gonna let a simple family feud detract from that.

What a sick SOB, no way should he have the surgery...There are others out there that need that more than him....He killed her point blank with a shotgun and tried to do the same to himself, he can rot in jail without a jaw for all I care!

I do believe without a doubt that criminals get treated by far much better than your regular citizen.

NO, it shouldn't be taxpayer's money...that should come straight out of the GRANTS that prison gets, too bad too sad they don't have enough, he don't get it done.

I am sick of paying taxes for stupid crap when they could actually use it for better!

Man, that reminds me of that guy from Arkansas who was in jail for murder and he wanted 3 HOT meals a day!!! Enough to satisfy his 3k-5k calorie intake per day! He was a big man LOL

I agree they shouldnt do the surgery on him. He killed a young innocent mother. So NO dont do the surgery on him. Im thinking he just wants people to feel sorry for him even though he killed the young mother!! He will get his just desserts one of these days!!!

I think it makes sense to educate them. When they get out of prison, we would like them to be contributing members of society.

Btw, they don't provide every medical care. Someone on my street has a husband in prison. His kidneys are failing and the prison isn't doing much about it. They do the minimal amount to maintain.

He shouldn't be eligible for surgery, IMO. His injuries are not life threatening.

It's not so much about his right to have this done. It's about us as Americans and what kind of country we want to live in.

Personally if I had been there and saw what he did I'd want to turn around and finish the job for him, blowing the rest of his sorry face off and putting him our of OUR misery.

But I guess the legal question is are we to stoop to his level? I don't know because right this minute I could care less about this irresponsible SOB. He might have had good reason in his own head for what he did, but to do it in front of that child is completely unforgivable to me.

Shaking my head...

I am on the fence with this one.

We cannot know how much difficulty he has everyday. As a government we should not be in the business of torture. So is he being tortured by this injury that we can probably relieve to some extent? We are still talking about a human, regardless to his crimes. And if we allow even self inflicted torture, we are being inhumane.

So again I am on the fence with this one.

In the article it says he can eat his food just needs to be pureed. Not torture in my opinion

He has trouble talking clearly. Like I said before, note pad and pencil, or learn sign language. Again not torture in my opinion.

I have major issues with our correctional system in this country anyway.

We take someone who is already in trouble psychologically and deposit them in a warehouse with others as bad or worse off then he/she and expect them to learn to be better people. Most do get let back out on the streets. So we train them to be no better than animals in prison and send them back out.

The system just sucks.

You would think with all the brilliant minds we have in this country someone could come up with something better.

And don't even bring up the neandrathal method of the death penalty, which doesn't deter crime at all, cost the tax payers more than it does to house them their whole lives, and kills innocent people on occasion.

This is where my issue is. We are not inside of him so can we tell if it is??

If his speach can not be understood...he should shut up[slobberin fool]..who wants to hear his crap anyway. He wont waste away eating puree everything...and if his mommy is so cheeky to stand up for him...let her donate one then turn the other . His life is not in danger...let him rot the way he is. At least he has a quality of life to worry about. I will even be nice an send him a box of straws!
So if they fix him,,then sentence him to death for murder, can we get the fake face back ??

Well..You have to remember,,it IS called "The CRIMINAL Justice System"..and now you know why.

I hear ya. Just a shame IMO

Excellent point...

But, since when is it our government's responsibility to spend my money on his face?

This is what fundraisers, family, and friends are for.

I think this is our problem. Empathizing and sympathizing is a good thing. But we expect the government to spend money to make the world perfect. Can't expect a third party to make life perfect for everyone.