Maxwell Anderson does not appear for civil case hearing, Sade Robinson's family awaits evidence from DA

MILWAUKEE (CBS 58) -- The civil case against Maxwell Anderson continues, expected to be similar to his criminal trial in which he was found guilty of killing and dismembering Sade Robinson last April.

Anderson was due in court on Dec. 29 but did not appear as the Department of Corrections hasn’t disclosed his location and was unable to get him on Zoom for his hearing. Anderson's attorney, Anthony Cotton, confirmed Anderson moved to an unknown prison out of state on Sept. 17 due to security concerns. Milwaukee County Court Judge Glenn Yamahiro said at the status conference hearing in which Anderson didn't appear, "I think what we need to do is work something out with the DOC. So we can get his location disclosed and get him on future appearances."

As they work to get Anderson in civil court, Veronica Swanigan, the attorney on behalf of Sade's family, is trying to get evidence for their wrongful death claim.

In court documents filed on Dec. 8, Swanigan filed a motion asking the court to compel the Milwaukee County District Attorney's Office and/or the clerk of court to provide them with any records, DNA samples, and criminal exhibits from the criminal case against Anderson. They say it "impairs" their ability to prosecute the civil trial.

Criminal Defense Attorney Justin Padway, who spoke with CBS 58 repeatedly during the Anderson trial, explains that the delay in obtaining evidence is abnormal. "The reason it's abnormal is because a lot of the evidence is in the district attorney's office, and they have their own procedures in place - when they have to disclose it and how they disclose it. There's also, some of the evidence they're looking for is protected under a health protection statute, so it's requiring a little more effort."

Typically, a wrongful death claim could award a plaintiff a cap of $350,000. But because Sade's mother, Sheena Scarborough, claims to be entitled to "compensatory damages, emotional distress and punitive damages," there is no limit. "The crime is atrocious... I don't know how you value a human life, but in this specific instance, it's certainly worth more than what Wisconsin allows for," explained Padway. 

Both sides are due back in court Feb. 18 to hear back on the motion for the court to compel the DA to give their records to the plaintiffs for their civil case. 

Padway says with no trial date set yet, it's hard to tell how long this could take, but it is "a long way" from the end, with months until Sade's family sees their last day in court.