Former Waukesha County District Attorney Paul Bucher, who prosecuted one of the state’s most notorious cop-killing cases, is condemning Gov. Tony Evers for opening the door to the early release of convicted murderer Ted Oswald, the 18-year-old who helped execute Waukesha Police Capt. James Lutz during a 1994 crime spree.
Oswald, now 50 and serving a life sentence plus hundreds of years in a Wisconsin prison, filed a clemency petition with Evers’ office in January seeking commutation of his sentence. The request qualifies for review under Evers’ new executive order creating a Commutation Advisory Board, which allows inmates serving life terms to petition after at least 20 years behind bars. The board could take up Oswald’s case as early as June.
Bucher, who secured life sentences for both Ted Oswald and his father, James Oswald, in separate trials, made clear he will not stand by quietly. In a Facebook post, he called Wisconsin v. Ted Oswald, “one of the largest cases of my career. I was privileged to handle that case twice,” and encouraged his friends to “Look it up. Watch the video.” In interviews with the Waukesha Freeman and WISN, Bucher called Evers’ commutation process “a bunch of junk” and described the mere possibility of Oswald’s release as “disgraceful and hurtful.” Bucher vowed, “Over my dead body is basically my response, and I’ll do whatever I possibly can to make sure this is reviewed and rejected.”
The crimes that landed Oswald behind bars for life remain seared into the memories of Waukesha County law enforcement. On April 28, 1994, Ted Oswald and his father, James, robbed a bank in Wales and stole a getaway car near Pewaukee. They opened fire on pursuing officers in a shootout that killed Capt. Lutz. The pair then kidnapped a woman at gunpoint, forcing her to drive their stolen van. Another gun battle with police wounded the hostage and two officers. The crime spree ended when the van crashed into a tree. The entire confrontation was captured on video by local news crews.
Ted Oswald was convicted of first-degree intentional homicide as a party to the crime, armed robbery, hostage-taking, eight counts of attempted homicide, and additional felonies tied to earlier bank robberies. He received a life sentence plus 360 years, with parole eligibility not until 2187. James Oswald, convicted on 20 felony counts, including homicide and 10 counts of attempted homicide, is serving more than 800 years in federal prison.
In his petition, Oswald portrays himself as a “misguided 18-year-old adolescent” who has since “matured and rehabilitated,” citing 32 years of good behavior behind bars with no new disciplinary issues. Current Waukesha County District Attorney Lesli Boese and others have pushed back, arguing such commutations undermine the seriousness of violent crimes against police officers and the public.
Bucher’s fierce opposition underscores a broader critique of Evers’ criminal justice policies, which prioritize early-release mechanisms over victims of heinous violence. Across Milwaukee County and courtrooms nationwide, activist judges continue to release violent criminals back onto the streets with light sentences or early releases. They show more concern for perpetrators than for victims and law-abiding citizens. Such policies do a profound disservice to the communities they are charged with protecting, undermining public safety, and eroding trust in the justice system that victims’ families like those of Waukesha Police Capt. James Lutz deserves.
