Although Zuidmulder struggled to avoid making direct reference to Whalen's sexual orientation during his commentary, the judge indirectly referenced portions of a victim impact statement submitted by Action Wisconsin on behalf of the northeast Wisconsin gay community. AW then outlined a series of admissions about the sexual aspects of the crime by Foss in his letter of confession to the FBI and by Chipman during his interrogation.
All life is sacred.
Mr. Whalen reached out in his community and cared for people. Earlier in the hearing prosecutors had recommended a parole date after 13 years and 10 months, less time served, which was the statutory minimum for a life sentence at the time the murder occurred. Prior to the sentencing, Donna Whalen, one of the victim's sisters, held up a picture of the murdered man as she delivered an emotional statement. I don't want another person to die this way, or another family put through this. Whalen also said that she forgave the convicted man, which brought him to tears.