Three Years, Two Refusals, One John Doe: A Family’s Fight for Justice After a Home Birth Death in Price County

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When Josie Schmidt went into labor at her home in Fifield on a February night in 2023, she believed she was in the care of an experienced, licensed professional. Sandra Colleen Pera was a Certified Professional Midwife with more than 42 years of experience, a current license in both Wisconsin and Michigan, and referrals from people Josie trusted, including her own mother, who had assisted a friend during a birth Pera attended a decade earlier.

By the time the sun rose, Josie and her husband Alex would be holding their daughter Marien Jo Schmidt for the first and last time.

What followed was not just a family’s grief. It was a three-year fight against a legal system that twice refused to prosecute, a prosecution pipeline that fell apart due to staffing shortages, and a defendant who, more than a year after being charged with second-degree reckless homicide, has still not appeared in person in a Price County courtroom.

On June 1, 2026, Pera appeared by telephone from Michigan for a scheduling conference, the latest step in a case that has stretched across three prosecutors, two states, and one extraordinary legal mechanism rarely seen in Wisconsin courtrooms.

The Birth That Changed Everything

Josie Schmidt’s first birth, with a different midwife in the Ashland area, had been what she described as “the most just calm, relaxing, and like, fulfilling experience I’ve ever had.” When she became pregnant with her second child in 2022, she wanted the same. The Ashland midwife was no longer practicing, so Josie asked for referrals. Pera’s name came from three women, covering five births total, including Josie’s own mother from 10 years earlier.

Josie checked Pera’s certification and license, which appeared to be in good standing. She found a 2015 TV6 news story featuring Pera’s services. The Schmidts scheduled a consultation. But something felt different from her first experience. “I didn’t ask all the questions I remember asking the initial midwife,” Josie said. “She talked about my mom a lot at the initial visit and asked how she was doing and asked how my sister was, and there wasn’t really much conversation about like, the care that we were being provided. But I just went with it.”

Marien Jo Schmidt was born and died on February 28, 2023. The autopsy determined the cause of death to be complications from prolonged labor.

The District Attorney Said No: Twice

The Price County Sheriff’s Office, with assistance from the Wisconsin Division of Criminal Investigation, conducted a lengthy criminal investigation. Investigators referred charges including second-degree reckless homicide and second-degree recklessly endangering safety.

District Attorney Matthew McElroy declined to prosecute. Not once, but twice.

In his written decision, McElroy explained that while Pera did not provide a high standard of care, he could not prove criminal recklessness beyond a reasonable doubt. He cited the autopsy, which attributed the death to complications from prolonged labor, and noted Pera “was not informed right away that labor had begun.” He wrote: “(W)hile Ms. Pera did not provide a high level of care that does not mean she was criminally reckless and therefore criminally liable.”

Pera’s attorneys countered that the family “exaggerates and attempts to sensationalize the labor and delivery at issue.” They said Pera fully cooperated at every step, though in July 2024, after the Schmidts attempted to file a civil suit, Pera refused to interview with criminal investigators.

The John Doe Proceeding: A Family Forces the Court’s Hand

When a district attorney in Wisconsin refuses to file charges, citizens have a legal option that most people have never heard of: the John Doe proceeding.

Under Wisconsin Statute § 968.26, a citizen can petition a judge to review evidence and determine whether criminal charges should be filed, even when the elected prosecutor has said no. It is rarely used, and almost never in a case involving a midwife and an infant death.

The Schmidts filed their John Doe petition in January 2024 with Price County Judge Kevin Klein. Klein accepted the petition in March and gave McElroy 90 days to either file charges or explain in writing why he declined. The DA declined for a second time.

Because Judge Klein had been part of the DA’s office when the initial decision not to prosecute was made, the case was transferred to Judge Mary Sowinski, assigned from outside Price County.

On November 22 and 23, 2024, Judge Sowinski held a closed John Doe hearing. Those who testified included Josie Schmidt, Marien’s grandmother, two investigators, the forensic pathologist who performed the autopsy, a midwife from Merrill, and a doula who had worked closely with Pera for years. Two Marathon County assistant district attorneys were present at the judge’s request.

“One of the things I found very interesting was that the judge apologized for having her (Josie) having to advocate for herself and her family,” Alex Schmidt told 7 Investigates.

“It was extremely validating,” Josie said. “She told me that our case definitely deserved its time in court.” The family told the judge they understood they might not get the outcome they wanted, but they wanted the process the district attorney had denied them.

On December 3, 2024, Judge Sowinski found sufficient credible evidence that a crime had been committed. She filed a criminal complaint charging Pera with second-degree reckless homicide: a Class D felony carrying up to 25 years in prison and a $100,000 fine.

The complaint alleged Pera failed to develop an emergency transport plan, had inadequate equipment, and that there was no medical reason for the death other than unnecessarily prolonged delivery. A doctor testified Pera had personal knowledge of prolonged labor causing brain injuries in prior cases. The physician who attempted resuscitation told investigators the labor duration “was too long.”

It was the John Doe proceeding, not the district attorney, that put this case before the court.

A Case Without a Prosecutor

Filing charges turned out to be easier than finding someone to prosecute them.

Judge Sowinski assigned two Marathon County assistant district attorneys as special prosecutors. But by November 2025, Marathon County DA Kyle Mayo requested they withdraw. His office had four vacancies out of 13 allotted positions, including one attorney on active military duty. Caseloads per attorney had ballooned from 250–300 cases to 400–450. Mayo directed staff to prioritize Marathon County cases.

“They told us this was important enough to take on and that was like another, tiny little bit of comfort to have someone in the system validate, like, the severity of this case,” Josie Schmidt said. “Then to, all of a sudden, be blindsided… This is a homicide charge of an infant. Like, how many other cases do you have of that? And you’re saying this one is not important enough to keep?”

Josie described being unable to live a normal life since her daughter’s death, with every development in the case bringing back the anxiety from when it first happened. “I feel helpless,” she said, “especially since a charge was filed nearly a year ago and the midwife has yet to appear in court for that charge.”

It wasn’t until February 12, 2026, 14 months after charges were filed, that Attorney Jessica Phelps, a private attorney with experience as both a prosecutor and public defender, filed her oath to serve as special prosecutor.

The case has now gone through three prosecutorial teams: the Price County DA who refused twice, the Marathon County assistant DAs who withdrew, and Phelps.

Two States, Two Different Responses

While the criminal case inched through the Wisconsin courts, Pera’s licensing status played out differently across state lines.

In Wisconsin, the Department of Safety and Professional Services investigated two complaints against Pera. Rather than face a hearing before an administrative law judge, she surrendered her Wisconsin license in October 2024.

In Michigan, the outcome was strikingly different. The Michigan Board of Licensed Midwifery’s disciplinary subcommittee voted to accept a negotiated settlement. Pera kept her license. The terms included a 30-day suspension beginning April 30, 2025, a year of probationary status, and practice monitoring by two types of reviewers.

The contrast between surrendering a license in one state and keeping it in another left the Schmidt family and patient advocates questioning whether the regulatory system protects practitioners or patients.

The Bigger Picture: Midwifery Oversight in Wisconsin

The Schmidt case has exposed gaps in Wisconsin’s midwifery oversight system that go beyond one provider.

In 2006, what is now DSPS partnered with the Wisconsin Guild of Midwives, creating an advisory committee with guild members and OB/GYNs as the state developed its first legal midwifery requirements. That committee dissolved, and with it, much of the communication between the licensing body and the guild.

The Schmidt case reignited those conversations. Following the publicity, DSPS and the Wisconsin Guild of Midwives began reestablishing a formal collaboration, a direct result of the gaps the family’s experience exposed.

“I want the people who have control over the situation to say it’s awful and do something about it,” Josie said. She had done everything a reasonable patient would do: checked the license, sought referrals, found positive reviews. None of that accounted for what the criminal complaint later alleged.

A National Pattern, With No National Standard

The Pera case is not unique nationally, though the legal mechanism used to bring charges is unusual. Across the country, midwives have faced criminal prosecution following adverse birth outcomes with widely varying results:

  • Pennsylvania v. Meckes — A midwife was convicted and sentenced to 8 years in prison.
  • Nebraska v. Hock — A midwife was acquitted.
  • Idaho v. Midstokke — A midwife was charged.
  • Utah v. Sorensen — A midwife was convicted and sentenced to 6 months.

The disparity in outcomes reflects the absence of any national standard for when midwifery crosses the line from adverse outcome to criminal conduct.

Where the Case Stands Now

More than three years after Marien Jo Schmidt’s death, the case against Pera is still in its earliest procedural stages. On June 1, 2026, Pera appeared by telephone from Michigan for a scheduling conference. She has not yet appeared in person in Price County. She is represented by defense attorney Nicole M. Masnica. Pera has pleaded not guilty and is presumed innocent under the law.

There is still no trial date.

Josie has since given birth to another child, in a hospital this time. “The experience of, like, going into labor in my home, like, I don’t feel safe here anymore,” she said.

The Schmidts continue to push for accountability, not just for their daughter, but for a system they believe failed at every level: the midwife, the regulators, and the prosecutors who twice said the case wasn’t worth bringing to court.

A judge disagreed. And because of a legal mechanism most Wisconsin residents have never heard of, this case will have its day in court. Eventually.

What Is a John Doe Proceeding?

Wisconsin’s John Doe proceeding, authorized under Wisconsin Statute § 968.26, allows a citizen to petition a judge to consider criminal charges when a district attorney declines to prosecute. The judge reviews evidence, hears testimony under oath, and determines whether probable cause exists that a crime was committed. If the judge finds sufficient evidence, they can file a criminal complaint directly, bypassing the district attorney.

Unlike a grand jury, used in federal cases and many other states, John Doe proceedings are typically closed, with testimony taken under oath outside public view. Legal observers say using this mechanism in a midwifery homicide case is extraordinarily rare, possibly unprecedented in Wisconsin. It is more commonly associated with political corruption or official misconduct cases.

The Price County DA was required by law to provide a written explanation when he declined to prosecute. The John Doe proceeding subjected that reasoning to independent judicial review, and the judge reached a different conclusion.

Court Information

Case: State of Wisconsin v. Sandra Colleen Pera, Case No. 2024CF000160, Price County Circuit Court

Charge: Second-degree reckless homicide (Wis. Stat. § 940.06) — Class D felony

Maximum penalty: 25 years imprisonment, $100,000 fine

Defense attorney: Nicole M. Masnica

Special prosecutor: Jessica Phelps (assigned February 12, 2026)

Next proceeding: Telephone scheduling conference held June 1, 2026, Price County Courthouse, Small Courtroom

Sandra Colleen Pera has pleaded not guilty and is presumed innocent under the law. The case is pending.

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Frequently Asked Questions

What is a John Doe proceeding in Wisconsin?

A John Doe proceeding is an investigative tool under Wis. Stat. §968.26 that allows a citizen to petition a judge to review evidence and determine whether criminal charges should be filed when a district attorney has refused to prosecute. The proceeding is typically closed to the public, with testimony taken under oath.

Why did the DA refuse to prosecute the midwife?

Price County District Attorney Jesse McElroy declined to file charges twice, first in 2024 and again in 2025. In his written decision, McElroy cited insufficient evidence to prove criminal causation beyond a reasonable doubt, noting that the case involved complex medical questions about whether the midwife’s actions directly caused the baby’s death.

How long did the family wait for justice?

The Schmidt family waited approximately three years. Baby Josie died in February 2023. The DA first declined to prosecute in 2024, and declined again in 2025. The family then filed a John Doe petition, and Judge Sowinski found probable cause in late 2024, leading to charges in early 2026.

Is the midwife licensed in Wisconsin?

Wisconsin does not license certified professional midwives (CPMs). The midwife in this case was not a certified nurse-midwife (CNM), who are licensed and regulated by the state. Wisconsin is one of the states that does not regulate or license CPMs, creating a regulatory gap that families may not be aware of when choosing a birth attendant.

What happened to the baby?

The baby died during a home birth in Fifield, Wisconsin, in February 2023. The family alleged that the midwife failed to recognize signs of fetal distress and did not transfer to a hospital in time. An autopsy was performed, but the specific cause of death cited in the criminal complaint has not been publicly released.

Reporting by the Price County Fun Editorial Team. Last updated June 01, 2026. If you have information about this story, contact us at [email protected].

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