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[T] State v. Kupaza4/24/2003
cause she was a constant financial liability to him.
Additional Incriminating Evidence
. The above evidence is enough to convince us beyond a reasonable doubt that a rational jury would have convicted Kupaza of both crimes absent the dog-sniff evidence. Nonetheless, we note that this was a lengthy trial and there was other less incriminating evidence worthy of mention. We will briefly summarize four more pieces of evidence which, when considered in conjunction with other evidence, further increases our confidence in the verdict.
. First, Kupaza had credibility problems. In addition to his admitted lie to the police, his lie about Mwivano to Mmanywa, and the fact that he either lied at trial or on his divorce financial disclosure form about his assets, Kupaza also lied when filling out a job application form in June of 1999, two months after Mwivano purportedly left Madison. At that time, Kupaza filled out an application form listing Mwivano as an emergency contact person and providing for her a non-existent address. As Kupaza himself states in the context of sufficiency of the evidence, the prosecution proved he was a "liar."
. Second, Mwivano's body was discovered near the shore of the Wisconsin River and Kupaza was familiar with that river. One of Kupaza's co-workers testified that she discussed the Wisconsin River with Kupaza, and that Kupaza commented on the river's beauty, currents, and danger.
. Third, a forensic expert testified that Mwivano's body was disarticulated in a skillful manner. Although there was no testimony that Kupaza had previous experience butchering animals, several witnesses who had lived in Tanzania, including two of Kupaza's uncles and Kupaza's ex-wife who met Kupaza in Tanzania, testified that butchering animals is relatively common in Tanzania.
. Fourth, as detailed in the sufficiency of the evidence section, Kupaza maintained a calendar and weekly planner. The calendar and planner had three entries written in languages spoken in Tanzania. The calendar had the word "bodo," translated as "falling down into something, or on to something, but it's falling," and the planner had the word "mushingwa," translated as "a chosen day, or ... special chosen day." The planner also contained an entry for July 30, 1999, the words "fanya kazi," translated as "to do the job." These entries suggest that Kupaza was involved with something out of the ordinary during the week before Mwivano's body was discovered, something that involved "falling down into something" on a "special chosen day," and that Kupaza wanted to keep this a secret from anyone who might look at his calendar or planner.
Summary
. As set forth above, apart from the dog-sniff evidence, the prosecution presented overwhelming evidence of Kupaza's guilt in the form of physical evidence linking Kupaza to the crime, Kupaza's own conflicting stories, and evidence showing that Kupaza lied about Mwivano's disappearance. The dog-sniff evidence, even if erroneously admitted, does not "undermine our confidence in the conviction." Williams, 253 Wis. 2d 99, .
By the Court. -- Judgment and order affirmed.
Not recommended for publication in the official reports.
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