WisPolitics Courtwatch Blog

Prosecutors have asked a state appeals court to make a pre-trial decision on whether the proper venue for Scott Jensen's re-trial is Dane County or Waukesha County.

Jensen has asked to have the trial moved to his home county of Waukesha, citing an ethics law lawmakers approved last year. Prosecutors oppose the move, saying the 2007 law does not apply to the 2002 charges against him.

Dane County Judge David Flanagan denied Jensen's request to move the trial, and the former lawmaker appealed that ruling.

Read the brief:
http://www.wispolitics.com/1006/080327_DOJ_Jensen_filing.pdf

Labels: caucus_scandal

Scott Jensen has asked an appeals court to grant his request to move his re-trial to Waukesha County or grant him leave to appeal on the issue.

Jensen is seeking to have his second trial on felony charges filed in 2002 moved to his home county as allowed under the ethics overhaul lawmakers approved last year. A Dane County judge has already denied that request.

Jensen argues in his appeal that the circuit court erred in its decision and asked the appeals court to consider sending the case directly to the state Supreme Court.

In the filing, Jensen argues a second conviction in Dane County would result in yet another retrial if he's convicted because it's the wrong venue.

"To overreach and yet again deprive Petitioner of his basic rights is not only improper, but an enormous waste of State resources," his attorneys wrote in the brief.

Read the petition:
http://www.wispolitics.com/1006/080306_Jensen_Writ.pdf

Labels: caucus_scandal

A Dane County judge has denied Scott Jensen's motion to move his re-trial to Waukesha County, but the new judge assigned to his case will be able to review that decision.

Judge Stephen Ebert's office said he denied Jensen's request, but the case has been assigned to Dane County Circuit Court Judge David Flanagan, who may also consider the request.

Labels: caucus_scandal

The 4th District Court of Appeals will issue paperwork by Dec. 10 to send the case of former Assembly Speaker Scott Jensen back to Dane County District Court, after the Department of Justice announced it wouldn't ask the Supreme Court to overturn the Appeals Court's decision to overturn the verdicts.

Dane Co. DA Brian Blanchard, who prosecuted Jensen and won convictions on three felony counts and one misdemeanor, said he'll retry the Brookfield Republican.

After the court of appeals paperwork, Dane County Judge Steven Ebert, who heard the initial case, will set a status conference.

Jensen's attorney Stephen Meyer said at that time he may offer pre-trial motions, but said it was premature to discuss what those motions might be.

Meyer could ask for a change of venue or judge in the case.

See the DOJ statement on the decision not to appeal to the Supreme Court: http://www.wispolitics.com/index.iml?Article=111823

Labels: caucus_scandal

The 4th District Court of Appeals has granted new trials for former Republican Assembly Speaker Scott Jensen and GOP aide Sherry Schultz, ruling the circuit court erred in its jury instructions.

The court on Nov. 8 ruled the instructions required the jury to accept that Jensen obtained a dishonest advantage if jurors found he had used state resources for political purposes. Instead, the jurors should have been told they may - but need not - find that Jensen obtained a dishonest advantage.

The appeals court also ruled Jensen, R-Brookfield, was improperly barred from testifying about his knowledge of activities by other Dem and GOP lawmakers because the question of whether he intended to gain a dishonest advantage by using state employees for political campaigns was relevant to his defense. But the court rejected Jensen's appeal that he also should have been allowed to present testimony from others about their knowledge of the use by Assembly leaders - Republican and Democratic - of state employees for political purposes.

Jensen said in a statement released through attorney Robert Friebert that he is "very thankful" for the decision. Friebert declined to answer questions about whether the Brookfield Republican would now consider a plea deal to avoid a second trial.

Schultz attorney Steve Morgan questioned whether prosecutors should retry Jensen and Schultz, asking whether the original objective of the investigation was met since the legislative caucuses no longer exist.

Dane County DA Brian Blanchard said early on Nov. 8 that he would study the decision before deciding whether to petition the Supreme Court to review the case. He said he planned to proceed with a second trial, "if that's what we need to do."

Jensen was convicted in March 2006 of three felony counts for misconduct in office and one misdemeanor for using his public office to benefit the Republican Assembly Campaign Committee.

Jensen didn't appeal the misdemeanor count, and the appeals court didn't address that conviction in its ruling.

Blanchard has 30 days to petition the Supreme Court to review the case. Should the Supreme Court reject the petition or if Blanchard decides against an appeal, the case would be sent back to Dane County Judge Steven Ebert.

*Read the Jensen ruling:
http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=30828

*Read the Schultz ruling:
http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=30827

*See the Jensen statement:
http://www.wispolitics.com/index.iml?Article=110076

Labels: caucus_scandal

The Supreme Court suspended the law licenses of former Dem state Sens. Brian Burke and Chuck Chvala through 2008, writing in one ruling that the punishment was warranted to send a message to other attorneys.

Burke and Chvala first had their licenses suspended in 2006 after the Office of Lawyer Regulation filed complaints against both men stemming from their convictions on misconduct charges in the "caucus scandal."

Chvala's two-year suspension is retroactive to April 10, 2006, when his license was first suspended. Chvala initially objected to OLR's request to suspend his license but later entered into a stipulation admitting to the misconduct and agreeing to a two-year suspension.

The court did not require Chvala to pay the costs of the proceedings because he entered into a "comprehensive stipulation" that avoided the need for a referee. He cannot get his license back until after he successfully petitions for reinstatement.

Burke's two-year suspension is retroactive to Jan. 3, 2006. He also was ordered to pay court costs of more than $11,000 within 60 days and to take 15 hours of legal education ethics credits.

See the Burke decision: http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=28900
See the Chvala decision: http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=28899

Labels: caucus_scandal

The Wisconsin Association of Criminal Defense Lawyers have filed an amicus brief on behalf of former Assembly Speaker Scott Jensen, asking for a new trial because the Waukesha Republican's due process rights were violated during his trial. Jensen is appealing his conviction on felony misconduct in office.

The brief contends Jensen wasn't permitted to present a complete defense because the court barred him from raising evidence that others engaged in conduct similar to what he was accused of doing.

"The evidence he sought to admit was relevant and exculpatory, tending to negate the element of specific intent to obtain a dishonest advantage," wrote Kathleen Quinn, a member of WACDL's board of directors.

See the amicus brief:
http://www.wispolitics.com/1006/070405WACDL_Amicus_Brief.pdf

In addition, Jensen's attorneys filed a reply to the state's demand that he make restitution for legal fees paid by the Assembly. The brief says Jensen has already pledged to repay his legal debt to the Assembly "in the event his conviction is sustained on appeal," and asks Dane County Judge Steven Ebert not to intervene in the matter.

See the brief:
http://www.wispolitics.com/1006/070405Jensenfees.pdf

Labels: caucus_scandal

Ordering former Assembly Speaker Scott Jensen, Majority Leader Steve Foti and legislative aide Sherry Schultz to pay back legal fees that taxpayers had covered would "dissuade the defendants from allowing themselves to be in situations that might encourage them to engage in criminal conduct again," Dane County DA Brian Blanchard argued in a brief filed March 7.

Jensen owes $67,147 in legal fees to the Assembly. Schultz owes $68,629, while Foti owes $27,981.

See the filing:
http://www.wispolitics.com/1006/070307StateReimburse.pdf

Labels: caucus_scandal

Former GOP Assembly Speaker Scott Jensen received a fair trial and any errors in jury instructions were not serious enough to warrant a new one, prosecutors argued in a reply brief filed late yesterday afternoon.

Jensen's attorneys will respond to the brief within 14 days of their receipt of the filing. The Appeals Court will then decide to hear oral arguments, or take up the case based on the filings and history. A decision could take one to six months.

Prosecutors also argued Jensen would have been convicted of felony misconduct in office even if a Dane County judge had allowed jurors to hear evidence to support the former Republican lawmaker's contention that he was just following precedent in overseeing state employees doing campaign work on state time and that Democrats were doing the same thing.

Jensen cited those issues and others in appealing his 2006 conviction. He argues the jury instructions were fundamentally flawed and that the judge overseeing his case unfairly prevented him from presenting a full defense to the jurors.

Prosecutors argued today the jury was properly instructed and any exclusion of evidence did not violate Jensen's right to present a defense.

*See the state's response:
http://www.wispolitics.com/1006/070206ResponseToJensen.pdf

*See Jensen's appeal:
http://www.wispolitics.com/1006/061127JensenAppeal.pdf

Labels: caucus_scandal

The Dane County DA is asking a judge to require Scott Jensen, Steve Foti and Sherry Schultz to repay the state for legal bills taxpayers covered for them in the caucus scandal as a condition of probation or extended supervision.

The state Assembly last May approved a resolution directing the chamber to recoup the legal fees following conviction. But WisPolitics reported in Friday's Report that no action has been taken yet to collect the more than $163,000 in legal bills the three racked up.

Dane County DA Brian Blanchard wrote to Judge Steve Ebert that requiring repayment would be consistent with a previous restitution order and "in the interest of justice for the court to now order repayment to the state of those legal fees.

See the letter and proposed amended restitution orders: http://www.wispolitics.com/1006/070130BlanchardLetter.pdf

Labels: caucus_scandal

Sherry Schultz last week appealed the conviction for her role in the caucus scandal in the Fourth District Court of Appeals.

Schultz's lawyer argues in the brief that her case presents "novel issues regarding the constitutional rights" of jury instructions and "presents questions of substantial statewide importance."

Notably, the appeal says the jury was not given instructions with the language "to act with the intent to obtain a dishonest advantage is to act 'corruptly.' The term corruptly is normally associated with wrongful, immoral, depraved or evil. It is to act knowingly and dishonestly," thus violating her constitutional rights of convicting her of the felony "misconduct in office" charge.

Schultz also argues that Dane County Judge Steven Ebert illegally inferred presumed facts from the evidence in the jury instructions by saying if the jury "determined that a 'state resource' was used to assist and promote a candidate, then the candidate obtained a 'dishonest advantage,' thus not proving Schultz had corrupt intent.

Schultz's lawyers also argued that the reliance on the Jensen and Chvala decisions was erroneous and the conditions of Schultz's probation denied her constitutional rights.

*See the appeal: http://www.wispolitics.com/1006/App_Brief.pdf
*See the appeal appendix: http://www.wispolitics.com/1006/large/App_Appendix.pdf

Labels: caucus_scandal

Lost in this week's Democratic avalanche was the restitution order turned out by the judge in the caucus scandal case on Tuesday. Judge Steven Ebert handed out a total of $306,391 in restitution to the three defendants convicted of orchestrating an operation to use state workers on state time for campaign activities.

Ebert ordered former GOP Assembly Speaker Scott Jensen pay back $190,521. Former Assembly Majority Leader Steve Foti and caucus worker Sherry Schultz were ordered to pay $57,935 each.

See a previous story: http://blogs.wispolitics.com/legal/2006/10/caucus-scandal-prosecutors-files.html

Labels: caucus_scandal

Former Assembly Speaker Scott Jensen could pay up to $533,100 inrestitution, and another $67,147 in attorneys fees, depending on thefindings of an arbitrator charged with figuring out who owes what in thecaucus scandal case.

Prosecutors Brian Blanchard and Roy Korte submitted their findings to arbitrator Gerald Nichol Oct. 2. Defense attorneys have not filed responses as of today. On Sept. 11, Dane County Judge Steven Ebert gavethe sides 60 days to come back to his court.

"This is not the typical case in which restitution is owed to anindividual victim," write the prosecutors. "Yet it is no less essentialunder the applicable law that the state's taxpayers, as represented by the Assembly Chief Clerk, be made whole to the same degree as any other victimas a result of the defendants' intentional, long running, andsophisticated thefts from every taxpayer in the state of Wisconsin."

Jensen should be held solely responsible for the $243,000 in salary andbenefits for seven other employees from the Assembly Republican Caucus orJensen's Capitol office. The prosecution says the amounts "areconservative, and not an attempt to recover for the taxpayers any morethan was shown without question at trial ..."

All three defendants could share in paying back the approximately $290,000in salary and benefits Schultz drew as a state employee in Foti's office,the prosecution argues. Split three ways, each would pay $96,559.

The prosecutors list Schultz as owing $68,629 and Foti $27,981 in restution to the Chief Clerk of the Assembly. The

Labels: caucus_scandal

Prosecutors' request for more than $500,000 in restitution is unfair and punitive, the attorney for former Assembly Speaker Scott Jensen said today after winning a motion from a Dane County judge to allow an arbitrator to decide how much his client and two others must repay in the caucus scandal.

But Dane County DA Brian Blanchard said he could submit a request to the arbitrator for even more from former Speaker Scott Jensen, former Rep. Steve Foti and former GOP aide Sherry Schultz.

Dane County Judge Steven Ebert postponed a restitution order this morning, opting to adopt Jensen defense attorney Stephen Meyer's suggestion that the matter go to an arbitrator. The case was assigned to retired Dane County Judge Gerald Nichol. Ebert ordered that a report be sent back to him within 60 days.

Ebert granted the motion after defense attorneys argued that they had inadequate time to prepare due to a late filing of the restitution order by prosecutors. See a WisPolitics webcast of today's hearing.

Blanchard said he had never participated in a hearing that resulted in an arbitrator being called in regarding restitution.

"The statute provides for this and this is a direction Judge Ebert wanted to take, and that's fine," Blanchard said.

Meyer said Blanchard's "blanket request" for the defendants to pay back the full salary and benefits of the workers runs counter to the testimony at the trial.

"Those of you who were at the trial and attended heard numerous witness after witness say they gave more than 2,000 hours to the state of Wisconsin (each year). That's a serious issue that has to be hashed out, and the best way to do it is in front of an arbitrator," Meyer said.

Asked if the half-million dollar request by the prosecution was unfair, Meyer said, "It clearly has a punitive aspect to it. If you're asking me, I think the whole prosecution was an unfair assault upon my client, and this just adds to it."

Jensen was found guilty by a jury in March on three felony counts of misconduct in office and a misdemeanor ethics violation. Schultz, who stood trial alongside Jensen, was convicted of felony count of misconduct in office. Foti plead guilty in January to a misdemeanor count of misconduct in office. He was sentenced to and served 60 days in a Huber facility.

Jensen and Schultz are appealing their guilty verdicts.

Labels: caucus_scandal

Dane County DA Brian Blanchard's filing yesterday seeking more than a half million in restitution from the three defendants in the caucus scandal convictions was in response to a request last Friday from Scott Jensen's attorney that the restitution requirement be eliminated in the case.

Stephen Meyer, the attorney for the former Republican Assembly Speaker, cites a letter from Assembly Chief Clerk Patrick Fuller to Blanchard saying since prior to 2001 legislative staff were not required to keep detailed time sheets, or a system of tracking the cost of state equipment or resources. Because of this, Fuller said he does not have records that could determine a damage amount. (You can see the correspondence between Blanchard and Fuller by clicking on the above "request" link and scrolling down.)

Meyer said that statutes place "the burden of demonstrating by preponderance of the evidence the amount of loss sustained by a victim as a result of the crime is on the victim (the Wisconsin Assembly). They have indicated they are unable to meet this burden."

Blanchard is also seeking more than $160,000 in attorneys fees paid for the trio by the Assembly Chief Clerk; $67,147 for Jensen, $27,981 for Foti, and $68,629 for Schultz.

At the time of the sentencing, Meyer states, Dane County Judge Steven Ebert ordered Blanchard to submit a restitution order within 45 days. It was to be served upon defense counsel within 90 days of the sentencing on May 16. Meyer had not received a proposed order as of the filing of the memo last Friday, and therefore Blanchard violated the order of the court.

"The accused can only conclude that the only explanation for the failue of the District Attorney to provide a proposed restitution order and itemization in support of that order is due to the fact that it recognizes that the victim in this case is unable to meet its burden of proof," said Meyer.

Meyer said Ebert should cancel the restitution hearing, scheduled for next Friday, and eliminate restitution as a requirement in the case. Failing that, Ebert should direct Blanchard to provide an order with supporting itemization and reschedule the hearing for a later time to give defense counsel to prepare, Meyer said.

Schultz's attorney, Stephen Morgan, joined Meyer in the motion.

An aide in Ebert's office said he has not ruled on Meyer's request, and won't do so until next week.

Labels: caucus_scandal

Dane County DA Brian Blanchard is seeking more than $500,000 in restitution from caucus scandal defendants Scott Jensen, Steve Foti and Sherry Schultz, according to a filing today in Dane County Court.

Blanchard is asking that the defendants pay back Schultz's salary from 1998-2001, when she was listed as a staffer in Foti's office but worked at the Assembly Republican Caucus. Over that period, she was paid $291,505, which Blanchard says works out to $97,168 each, if they pay it back equally.

Blanchard is also requesting that Jensen be ordered to pay back the salaries of seven former ARC staffers, totaling $242,334.03, from June '98 to Nov. '00. He also asked for defendants to pay back attorneys fees paid by the Assembly - $67,147 for Jensen, $27,981 for Foti, and $68,629 for Schultz.

Jensen, Schultz and Foti are scheduled to appear at a restitution hearing on Sept. 8 before Dane County Judge Steven Ebert.

Jensen and Schultz have filed notices of appeal with the Dane County Circuit Court clerk's office. Jensen's notice was filed last Thursday by Attorney Bob Friebert, who was hired after Jensen was convicted in March on three felony counts of misconduct in office and a misdemeanor ethics violation. Schultz's appeal was filed Tuesday by Jennifer Krueger, who works with Schultz's attorney Stephen Morgan in the Murphy Desmond law firm.

Labels: caucus_scandal

Former state Rep. Scott Jensen will not go to prison on July 15, as Dane County Judge Steven Ebert had ordered. Instead, the former Republican assembly speaker will be free on $10,000 bond as he and his attorneys appeal his conviction on three felony counts and one misdemeanor. Ebert also upheld as a condition of bail that Jensen not contact or visit the state Capitol.

While Ebert granted the defense motion, he took the opportunity to berate Jensen in court. "This was a breach of the public trust that does demand punishment and closure," he said.

Ebert did acknowledge, however, that Jensen could spend several months in confinement before the court of appeals gets the case, and he didn't feel the state would be harmed if Jensen were allowed to remain free while the process unravels.

"Mr. Jensen, I believe firmly you abused, you violated the public trust that was given to you," Ebert said. "I am however going to grant to the defendant that which I believe he denied to so many other people in this state, including the entire population of this state, and that was a fair opportunity for a level playing field."

Ebert added that Jensen was entitled to due process, a legal term which is hard to define, he said. "I believe the immutable core of due process is fair play. While I think this is a foreign concept to this defendant, I make this the foundation for justice in this courtroom," Ebert said.

Attorney Ryan Stoll did the talking for Jensen's legal team today, arguing that Jensen would be done "irreparable injury" if made to begin serving his 15-month prison sentence in July, because he could serve his entire term before the appeal process can run its course. There are appellate issues that could require a new trial, Stoll said, specifically singling out issues arising from the jury instructions.

"If in fact there was an error in this unprecedented instruction, if in fact there was an error in the trial necessitating a retrial of Mr. Jensen, if he is not granted bond pending appeal, he will be separated from his young family, he will serve his sentence and will be left with an irreparable injustice to him and his family that can never be replaced," Stoll said.

Stoll comes from the Chicago firm of Skadden, Arps, Slate, Meagher & Flom. Other members of the Jensen legal team in court today were Bob Friebert of Friebert, Finerty & St John in Milwaukee, and his original trial attorney Stephen Meyer of Madison.

Dane County DA Brian Blanchard said in order for the defendant to be claim irreparable harm, he must prove that there is a likelihood of reversal on appeal. "They are simply not able to identify a strong appellate argument, one that would give this court pause in terms of the balance the counsel talks about," Blanchard said.

Ebert said he was not concerned that Jensen will fail to appear in court, or that he will commit any serious crimes while free. But, he said, he was concerned with continued delays. "The entire history of this case seems to be one that involves a significant delay," he said.

Ebert said the jury instructions were proper. "If I believed the jury instructions were incorrect, then obviously I would not have given them" he said. But, he admitted, he cannot predict how the appeals court will see them.

"I've learned over several years not to predict what the court of appeals is going to do," he said, even though he believes Jensen was "convicted based on overwhelming evidence that proved his guilt."

Ebert said he was granting the motion out of a "humanitarian impulse" to keep Jensen's family intact until he exhausts his appeal, and added that it is "ironic that had I imposed a longer period of actual incarceration your argument of irreparable harm would fly out the window."

Following the hearing, Jensen walked to the elevator with his attorneys without making a comment to the press.

The case will now be handled primarily by appellate attorneys with the state Department of Justice, said Blanchard, who has spent years pursuing the case.

"We took our position and I think the judge gave both sides a fair hearing," Blanchard said of the ruling.

Blanchard didn't know what kind of timeline the case is now be on. "It's up to the courts at each stage, the court of appeals and the Supreme Court should they choose to take it. They are not themselves constrained by clocks," he said.

Labels: caucus_scandal

Former state Rep. Scott Jensen will be allowed to stay out of prison on a $10,000 bond while he appeals his conviction, after a ruling today by Dane County Judge Steven Ebert.

He had been scheduled to begin serving his sentence July 15.

Labels: caucus_scandal

There is much at stake for former Assembly Speaker Scott Jensen at his hearing this morning, particularly whether or not he will be allowed to remain a free man while he appeals his conviction on felony charges of misconduct in office.

At the same time, his co-defendant, Sherry Schultz, has begun to serve her four-month home confinement sentence and is on electronic monitoring. She has, however, filed a notice of post-conviction relief with Dane County Judge Steven Ebert. The filing keeps the door open for a possible appeal, according to her lawyer.

"We certainly disagreed all along with many of the rulings that were made prior to and during the trial," said attorney Stephen Morgan. "She has ended up being convicted of a felony, and we want to reserve our rights to appeal that at some point in the future."

Schultz's felony conviction for misconduct in office also carries with it a five-year probation.

Jensen's attorneys are trying to keep their client out of prison until his appeal is settled. They are arguing that his 15-month sentence would likely be completed before the appellate process is over.

The motion hearing in the case is scheduled for today at 10:30 a.m. Jensen is scheduled to report to jail on July 15 if his appeal is unsuccessful.

"If ... Mr. Jensen's conviction is overturned, failure to grant bond pending appeal will be the cause of an irreparable injustice. Nothing can or will ever replace the damage done to Mr. Jensen and his young family," the attorneys wrote.

In a filing earlier this month, Dane County DA Brian Blanchard argued that Jensen "did do violence to the trust necessary to a democratic system of government" and shouldn't be out on the streets.

"While it is more difficult for him to facilitate or participate directly in official misconduct now that he is no longer a public official, his belief that he did nothing wrong represents a risk that he will engage in other fraudulent conduct, because he believes he is entitled to do so," Blanchard wrote.

"The State's suggestion that Mr. Jensen poses a present danger to the community is, to say the least, overreaching," say Jensen's attorneys and "manifests an unfortunately skewed zealousness."

See the Jensen team's filing: http://www.wispolitics.com/1006/060906_Jensen_Reply_Brief.pdf

See the Blanchard filing from June 2: http://www.wispolitics.com/1006/060602jensen.pdf

See the Schultz filing: http://www.wispolitics.com/1006/061506SchultzFiling.pdf

Labels: caucus_scandal

Dane County DA Brian Blanchard filed a brief today urging Judge Steven Ebert to keep former Assembly Speaker Scott Jensen from being released on bond pending appeal.

"A motion for release on bond must be judged on the likelihood that an appeal could be successful, and that the defendant would be irreparably injured -- Jensen and his attorney have not demonstrated any significant grounds to support those criteria," Blanchard wrote.

"Jensen will suffer irreparable injury from the denial of release pending appeal only if he serves all or most of his prison sentence while the appeal is pending, and also the appeal ultimately results in reversal of his conviction. Jensen has failed to show it is likely he will suffer irreparable injury because he has failed to show it is likely he will succeed on appeal," Blanchard writes.

Blanchard also attempts to shoot down the claim that Jensen is entitled to the release because he was not convicted of a violent crime. He admits while the multiple counts of misconduct in public office don't constitute personal violence, "(Jensen) did do violence to the trust necessary to a democratic system of government." And Jensen's attitude toward his offense makes him likely to recommit, Blanchard argues.

"At trial, the defendant both lied about his knowledge of the misconduct that was charged, and also attempted to assert that even if he had committed various of the charged acts, it was not wrong for him to do so," writes Blanchard. "He claimed, in part, that he was entitled to do what he did. Even at sentencing, he failed to recognize or acknowledge the wrongfulness of his conduct. While it is more difficult for him to facilitate or participate directly in official misconduct now that he is no longer a public official, his belief that he did nothing wrong represents a risk that he will engage in other fraudulent conduct, because he believes he is entitled to do so."

A motion hearing in the case is scheduled for June 19. Jensen has been ordered by Ebert to report to the Dane County Jail on July 15 to begin serving a 15-month sentence, unless a stay is granted pending appeal.

See Blanchard's filing: http://www.wispolitics.com/1006/060602jensen.pdf

Labels: caucus_scandal

May 16: Jensen Sentencing Hearing

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Labels: caucus_scandal

By JR Ross
WisPolitics.com

A Dane County judge sentenced Scott Jensen to 15 months in prison and banned him from the Capitol for the length of his five-year sentence, saying the former lawmaker violated the public trust, abused his position and had helped breed contempt for the law by ignoring it himself.

Jensen showed little emotion as Judge Steven Ebert announced the sentence, which includes 45 months on supervised release, restitution and a $500 fine for each of the three felony counts on which he was convicted. He was also ordered to pay a $500 fine plus court costs on a misdemeanor count.

Ebert also ordered restitution, which will be the subject of a future hearing that will also address the legal bills taxpayers covered for Jensen as part of the caucus investigation. Dane County DA Brian Blanchard told the court those bills totaled $67,147.50.

Ebert gave a lengthy rundown in court of Jensen's transgressions, their impact on the public and various factors impacting the sentence. Ebert noted Jensen seemed to be respected and well-liked by his supporters but said Jensen had tarnished public office, a calling Jensen had referred to as a noble cause.

"I don't think anyone is going to see your actions in this case as noble; Machiavellian maybe, but not noble," Ebert said.

Jensen declined to comment to the crowd of reporters waiting for him outside the courtroom. His wife, Julie, gave a brief statement in which she thanked their supporters, particularly those in Jensen's former Assembly district in the Waukesha area.

"We all have our challenges, and you have made this one so much easier," she said.

A string of former Jensen aides were in the courtroom this afternoon, including former spokesman Steve Baas, R.J. Pirlot and Brian Dake.

Ebert ordered Jensen to report to the Dane County Jail to begin his sentence by 7 a.m. on July 15. He also scheduled a hearing July 14 on Jensen's motion to stay his sentence as he appeals his conviction. Jensen has already filed papers indicating his intention to appeal and has requested to remain free on bond while his case continues.

Blanchard declined comment after the hearing, referring reporters to his sentencing recommendation. In it, he had accused Jensen of lying repeatedly on the stand and to investigators, failing to take responsibility for his actions and stealing from taxpayers to fund his campaign machine.

In court, he said Jensen steered a long-running scheme to defraud the state out of hundreds of thousands of dollars that would still be ongoing if the Wisconsin State Journal had not written a series of stories that sparked the state's investigation.

Labels: caucus_scandal

By JR Ross
WisPolitics.com

A Dane County judge called former GOP aide Sherry Schultz the "grease" that made the Assembly Republican machine function in sentencing her to four months electronic monitoring along with five years probation that includes a ban from the Capitol and its grounds. But he also said it would not be fair to treat her like two former state senators already sentenced in the scandal, rejecting the district attorney's request for six months to nine months in jail following her conviction for felony misconduct in office.

Judge Steven Ebert also said he would order restitution at a later hearing, when he also wants testimony to determine how much in legal fees Schultz may owe the state. He did not mention former Dem Sens. Chuck Chvala and Brian Burke by name. But he was clearly comparing Schultz's sentence to the nine months in jail Chvala received and the six months handed down to Burke as part of plea deals they reached with prosecutors.

Still, he said it was obvious Schultz knew what she was doing was illegal and the illegal campaigning has been a sordid affair that "has been an affront to Wisconsin's democratic traditions."

"You were the grease that helped the machine function efficiently and smoothly," Ebert said.

Labels: caucus_scandal

By JR Ross
WisPolitics.com

Former state Rep. Bonnie Ladwig was sentenced this morning to 30 days home confinement on electronic monitoring, a $1,000 fine (plus court costs) and $3,500 in restitution. The sentence exceeded the plea deal she reached with the DA that included only the restitution and fine.

In issuing the sentence, Dane County Judge Steven Ebert denounced an "elite cabal" in the Capitol that has created a perpetual quest for money and power and believes its opinion is the only one that truly matters, insulting Wisconsin’s democratic ideals.

Ladwig tearfully apologized to the court, saying she realized her legacy would not turn out as she had hoped. She called the past four years the worst of her life, professed love for her old job as a lawmaker and apologized to taxpayers, staff and other legislators for what she had done, adding she had "nobody to blame but myself."

"I hope in my 12 years in office I did a little something to make Wisconsin a better place to live," she said.

Labels: caucus_scandal

Sherry Schultz has asked a judge to consider anything from a fine up to 30 days incarceration as her penalty for a felony misconduct in office conviction when she's sentenced today. The DA had asked for six months to nine months in jail with work release privileges.

Attorney Stephen Morgan filed papers Monday afternoon urging a sentence in the range between the penalty former Rep. Bonnie Ladwig received for a misdemeanor ethics violation (a fine) and the sentence of former Rep. Steven Foti on a misdemeanor charge (30 days incarceration). Ladwig, Schultz and former Assembly Speaker Scott Jensen will be sentenced today for their roles in the caucus scandal. The DA has asked for a five-year sentence for Jensen with up to 20 months in prison and the rest on supervised release. Jensen has already said he plans to appeal his conviction.

If a fine is not acceptable, Schultz suggests probation for up to 18 months as an alternative to incarceration.

Morgan's filing was accompanied by 17 letters written by individuals supporting Sherry Schultz, including Scott and Laurie McCallum, the former governor and first lady of Wisconsin.

The defense also objected to an order of restitution, saying that there was "no identified victim, type of damage or loss suffered."

Ladwig's sentencing is set for 8:15 a.m., with Schultz' scheduled for 9:15 a.m. and Jensen's for 1:30 p.m.

Labels: caucus_scandal

After 8 a.m. on Wisconsin Public Radio, hear a documentary by WPR state Capitol reporter Shawn Johnson on the story leading up to today's caucus scandal sentencing, and then Joy Cardin and her guest, Jack Lohman, executive director of the Wisconsin Clean Elections Coalition, talk about the future of cleaning up the Capitol.

Labels: caucus_scandal

By Alec Loftus
WisPolitics Staff

Former Assembly Speaker Scott Jensen plans to appeal his conviction on felony corruption charges and seek a new trial, indicating in court filings today that he believes there were several errors committed during jury instructions.

The motions Jensen filed today include one seeking a limited stay of execution while the court considers his request to allow him to remain free on bond while he appeals his conviction. The request also covers any appeals he may file on a decision on his request for bond.

* See the Jensen motion for bond pending appeal
* See the Jensen motion for limited stay of execution

Attorney Robert Friebert, who represented Brian Burke in his corruption trial, argues in the filings the "dishonest advantage" jury instruction was unconstitutional because it contained a mandatory presumption that the use of state resources to promote a candidate provides that candidate with an unfair advantage.

Jensen has spent much of the past five years challenging the charges filed against him on numerous grounds, already filing an appeal with the state Supreme Court that was ultimately denied on a 2-2 vote. Friebert stressed in today's filings that he new motions were not to delay or undermine the legal process.

"His appeal is not for purposes of delay, but rather to present significant appellate issues that will be prosecuted promptly and diligently," Friebert wrote.

Dane County District Attorney Brian Blanchard filed a sentencing recommendation earlier this week asking for a five-year sentence, including up to 20 months in prison. He requested Jensen spend the rest of that five-year period on supervised release and asked the judge to ban him from the Capitol during his sentence. Jensen is scheduled to be sentenced Tuesday.

Blanchard did not return a call from WisPolitics late this afternoon seeking comment.

In his motion, Friebert also argued Jensen is not a flight risk at the end of the appeal process or that he will offend again if allowed to remain free on bond.

The second motion filed today was for limited stay of execution. Friebert notes that the law allows the court to delay the commencement of a sentence for up to 60 days during an appeal.

See the sentencing recommendation

Stephen Meyer, who handled Jensen's jury trial, filed documents today arguing Blanchard's recommendation was political and unjustified.

Meyer also filed letters from more than 50 of Jensen's acquaintances urging leniency in his sentencing, citing his strong family values and personal loyalty.

Former Gov. and HHS Sec. Tommy Thompson, who is currently mulling a return to state office was among them. He wrote, "one of my strongest impressions about Scott is that he is first and foremost a family man. ... His love for Wisconsin is only exceeded by his love for his wife and children."

See Thompson's letter

Others who wrote letters include the Reverend Richard J. Sklba, Auxiliary Bishop of Milwaukee; Republicans Sen. Ted Kanavas and Rep. Kitty Rhoades; and Democratic Reps. Gary Sherman and Marlin Schneider. Schneider testified to Jensen's integrity during his trial.

See the list of letters submitted in support of Jensen

Labels: caucus_scandal

Along with prison and restitution, the Dane County district attorney wants former Rep. Scott Jensen banned from the state Capitol during a five-year sentence following his conviction on three felony misconduct charges and one misdemeanor.

DA Brian Blanchard wrote in his sentencing recommendation that the image of Jensen "plying the trade of a lobbyist in the halls of the Capitol, or in any other manner counseling or consulting with elected officials, during the years following his sentencing in this case is repugnant."

Blanchard asks that Jensen be sentenced next week to five-year terms on each of the three felonies of which he was convicted. On count one, Blanchard requests 15 to 20 months in prison followed by supervised release for the remainder of the five-year term. On counts two and three, Blanchard requests 12 months in prison followed by 48 months supervised release.

Blanchard also asked for one year probation and a fine for the misdemeanor count on which Jensen was convicted. All of the sentences would be served concurrently.

The filing is particularly critical of Jensen.

"In sum, while Jensen has some favorable character traits, due in part to his apparently strong family ties, when it comes to the matters before the court, Jensen has demonstrated a character of rare and consistent selfishness, arrogance, and deceit, and complete distain [sic] for the rule of law when applied to his own conduct," Blanchard writes. "In this context, he has shown no concern for the public welfare or for the circumstances of the many persons who have, in a number of cases, all too loyally worked for him, while being paid by the public."

Blanchard requested the same ban on being in the Capitol for Sherry Schultz, calling her "a long time Capitol insider, who should not [be] allowed to use Capitol visits to enhance her business of campaign finance."

Schultz was convicted of one felony count of misconduct in office. He also recommends six months to nine months in jail for her with work release privileges, along with restitution. The filing notes restitution will be determined for both Jensen and Schultz at a separate hearing.

See the sentencing recommendation: http://www.wispolitics.com/1006/060509blanchard.pdf

Labels: caucus_scandal

Former Assembly Majority Leader Steve Foti tells WisPolitics his testimony against former Assembly Speaker Scott Jensen has not hurt their friendship and he didn't appeal his sentence because of time and money.

Foti, a lobbyist, is also working out details for Huber release during his 60-day jail sentence. The Oconomowoc Republican pleaded guilty to a misdemeanor in January, avoiding a felony charge of misconduct in office.

"This isn't easy on anybody," Foti said. "You really find out who your friends and supporters are."

Foti was required by the plea to testify at the trial of his former colleague Jensen, who was convicted last month on three felonies and one misdemeanor count of misconduct in office.

Foti said it has not hurt their friendship. "Not at all," he said. "We're still friends. We still talk."

Jensen will be sentenced on May 16.

Asked why he didn't appeal the sentence by Dane County Judge Steven Ebert,
which was double the recommendation from prosecutor Brian Blanchard, Foti
said time and money were a consideration. The decision wasn't easy, he said, but summed it up by saying, "You gotta play the cards you're dealt, and these are the cards I've been dealt."

"It would cost me thousands of dollars and many months, by the time I'm
all done," Foti said. "And by the time it's over I'm only fighting about
30 days."

Foti said he asked the begin his sentence early so he could be out in time
for the summer months. "I wanted to move it up and get it going," he said.

Labels: caucus_scandal

The lawyer for former Assembly Majority Leader Steve Foti
told WisPolitics today that the Oconomowoc will report to jail this Sunday
to begin serving a 60-day jail sentence.

Attorney Franklyn Gimbel said he advised Foti not to appeal the sentence,
which is twice what Dane County DA Brian Blanchard had recommended to Dane
County Judge Steven Ebert.

"I just don't believe there was a reasonable basis that anyone would say
the judge didn't have the power to do what he did," said Gimbel.

Foti weighed the advice and opted to begin the jail term, which he will
serve at the Dane County courthouse. "Some people talk about the length of
sentence being insignificant, but until you walk into a room and give up
your freedom for a day or an hour, it takes on a different perspective,"
said Gimbel, explaining the tough decision Foti faced.

Gimbel said he's still waiting to hear about a date for a restitution
hearing in the case.

Labels: caucus_scandal

Former Senate Majority Leader Chuck Chvala's law license has been suspended by the state Supreme Court.

Said the Supreme Court in its brief order released late yesterday: ``This court finds that the two crimes of which Attorney Chvala was convicted, misconduct in public office and making a campaign contribution exceeding lawful limits as party to a crime, are serious crimes which reflect adversely on the attorney’s fitness to be licensed to practice law. The license of Attorney Chvala to practice law is summarily suspended effective immediately and until reinstated by this court.''

Labels: caucus_scandal

Former Assembly Majority Leader Steve Foti was forcefully rebuked by the judge at his sentencing today, then sentenced to 60 days in jail and two years probation. Prosecutor Brian Blanchard had recommended 30 days in jail and two years probation.

Dane County Judge Steven Ebert said Foti "aided and abetted" the corruption in the Capitol. Had Foti gone to trial, and the same evidence had been presented, it "surely would have resulted in a conviction," Ebert said.

"You were a part of a broader, deceitful assault, I think, against the people of Wisconsin," Ebert said.

"In all other respects, you acted honorably. It is certainly a shame that partisan politics, and pure greed or allowing the ends to justify the means, clouded your good character in this case," Ebert said.

Foti pleaded guilty to a misdemeanor ethics violation in January, and as part of his plea agreed to testify in any future related cases. Dane County DA Blanchard said he felt Foti complied with that agreement, but Ebert admonished Foti for his behavior on the witness stand during the trial of former Rep. Scott Jensen. Ebert said he noted at least five times during Foti's testimony when Foti seemed "evasive or uncooperative" and the prosecution had to impeach what he was saying with prior statements.

"Your demeanor and the content of your testimony, in my opinion, left something to be desired," Ebert said.

Foti was also fined $1,000 plus costs, and was ordered to serve 240 hours of community service as a condition of probation.

Ebert ordered Foti to begin serving his jail sentence within 60 days, but his attorney, Franklyn Gimbel, asked if he could begin sooner. Gimbel suggested Foti begin serving on Easter Sunday and Ebert agreed.

Though Ebert said he has no problem with allowing work release, he did say if it were up to him, Foti would be spending his nights in the jail. "My feeling about the issue of confinement means confinement and not electronic monitoring," Ebert said.

Ebert reserved a ruling on an order of restitution until a later date. Blanchard said the judge expressed that he would like to handle the restitution for all the "caucus scandal" Republicans -- former Assembly Speaker Scott Jensen, former Assistant Majority Leader Bonnie Ladwig, and former Foti aide Sherry Schultz -- on the same date. Blanchard said that date may or not be May 16, when Jensen, Ladwig and Schultz are scheduled for sentencing.

The restitution request from Blanchard in the Foti case included $27,981.75 for legal fees paid by the state, and $306,675 to repay salary and benefits paid to Schultz.

In his pre-sentence statement, Blanchard said Foti's "liability was less than that of Scott Jensen."

"It was essentially Scott Jensen's project, although it was on the payroll of Mr. Foti," he said.

Gimbel said his client suffered "public humiliation, embarrassment and extraordinary financial consequences," and said he took responsibility for his actions.

"He stepped to the plate, he took responsibility, he eliminated the chance to win the case by not going to trial, and I think that's a very significant step toward recognizing and accepting responsibility for the consequences of that behavior," Gimbel said.

Foti has agreed in writing to reimburse the state for his legal fees, to the fine of $1,000, and "agreed in concept" to some restitution relating to Schultz, Gimbel said.

In a statement read to Ebert, Foti was contrite. "I accept full responsibility for the wrongful conduct that brought me to this court today," he said. Foti added that because others were committing the acts he was accused of, it didn't make it right.

Foti apologized to his former constituents and his family for causing them embarrassment.

Foti, with his daughter, a freshman at Marquette University, under his arm, spoke briefly with reporters as they swarmed around him after the hearing. He was cornered as he waited for the elevator to reach the 8th floor of the courthouse.

He said he disagreed with Ebert's characterization of his Jensen case testimony. "I said everything honestly and by the book, and I assume that Jensen's attorney wouldn't have attacked me during closing if he felt I had some useful comments," Foti said.

At the Jensen trial, Jensen's attorney Stephen Meyer called Foti "pathetic" and said "he traded his integrity for 30 pieces of silver."

Asked if he'd appeal the sentence, Foti said, "I'm going to take a good, strong look at it."

"I haven't decided that yet. We'll just let it settle down for a bit," said Gimbel, adding they have 60 days to appeal.

Labels: caucus_scandal

The sentencing of former GOP Assembly Speaker Scott Jensen has been set for May 16 at 1:30 p.m.

Jensen was convicted on three felonies and one misdemeanor count of misconduct in office earlier this month. He's set to leave office today, according to a resignation letter he sent last week.

Court officials say sentencing for Sherry Schultz and former GOP state Rep. Bonnie Ladwig will be held on the same day. Schultz, a former legislative aide, will be sentenced at 9:15 a.m. on one felony count. Ladwig, the former assistant majority leader who pleaded guilty to a misdemeanor but was not called to testify against Jensen and Schultz, is to be sentenced at 8:15 a.m.

Former Assembly Majority Leader Steve Foti's sentencing is scheduled for a week from today, March 27 at 1:30 p.m. Foti pleaded guilty to a misdemeanor as part of a plea bargain and testified at Jensen's trial.

Labels: caucus_scandal

According to RPW E.D. Rick Wiley, veteran GOP fundraiser Sherry Schultz will be leaving her party fundraising job at the end of this week. Schultz was convicted on a "caucus scandal" count by a Dane Co. jury over the weekend.

"We have mutually agreed to part ways," said Wiley. "We wish her the best of luck in anything that she faces." Some of Schultz' responsibilities will be absorbed by RPW staff, until a permanent replacement is found.

On Saturday, a Dane Co. jury convicted Schultz of one count of felony misconduct for misusing her position as an aide to former Assembly Majority Leader Steve Foti. Schultz was charged, along with former Assembly Speaker Scott Jensen, with using Capitol resources for the benefit of GOP campaigns.

Labels: caucus_scandal

Rep. Scott Jensen today announced his resignation from the state Assembly. The text of his resignation letter is below.

Dear Mr. Speaker:

It is with great sadness that I inform you of my intention to resign from my position as State Representative for the 98th Assembly District. For fourteen years, it has been my great honor to represent my neighbors in Waukesha County. It has also been an honor to serve in the Assembly with so many public-spirited legislators and staff over the years. I have always believed that public service is a noble calling. Each day I served in the Assembly confirmed my belief. I am confident my constituents will send to the Assembly another representative who hears that call. In the meantime, it is my intention to wrap up my remaining constituent cases by March 21st so that I can then devote my full attention to my wife and our three young children. Thank you.

Sincerely,
Scott Jensen

On Sunday, Democrat Sterling Lynk, running for Jensen's 98th Assembly District seat, had called for Jensen's resignation.

"Wisconsin has witnessed first hand how Jensen turned his back on his neighbors in an effort to advance his own political agenda of one day becoming governor. I call on Scott Jensen to resign his seat immediately," Lynk said.

Labels: caucus_scandal

Click below to see reaction press releases from:
*Kathleen Falk
*Common Cause in Wisconsin
*Gov. Jim Doyle
*Michael Murphy, executive director of the Democratic Party of Wisconsin

Labels: caucus_scandal

According to a previous report, Jensen can stay in office until a sentence is imposed.

Judge Steven Ebert said he wanted to schedule sentencing within 30 days, which was OK with the prosecution, but not the defense attorneys. They asked for more time to consider their arguments, and Ebert said the date will be set for some time in late April or early in May.

Labels: caucus_scandal

See a WisPolitics list of legislators accused of wrongdoing between 1942 and 1995.

See a similar list from MilwaukeeChannel.com.

In the late 1980s, Democratic Sen. Dick Shoemaker resigned from office as part of a plea bargain after he faced five felony charges. See a previous Courtwatch Blog post on Shoemaker.

Labels: caucus_scandal

Rep. Scott Jensen

Jensen delivered this statement to reporters in the hallway outside the courtroom, after the verdict was announced:

"I just want to thank all of our family, my friends and my constituents for the incredible support they've given me over the years. My family and I will be deeply grateful to them forever. They have been amazing with their prayers and their support over the last few years. The only plans I have at the moment are to go home and hug my wife and kids."

Dane County DA Brian Blanchard

Comments from an impromptu press conference Blanchard held with reporters outside the courtroom. See a webcast of the press conference.

"I think the jury's verdict is a fair one. I think it does show that no one's above the law."

On the status of the investigation:

"The matters raised initially by the Wisconsin State Journal in of May 2001 have now been thoroughly investigated. We've set the priorities we felt we had to set with the resources we have. ... We set priorities and I think we've now completed our work in these matters."

Blanchard's other thoughts:

"I think this investigation showed that no one's above the law, that everyone's responsible for their actions, whether they have a position of power and influence or whether they're someone who doesn't have access to those tools. ...

"It was always clear that if there was misconduct here, the responsibility for that would fall on the elected officials who had the power to set the rules. I think the jury here heard a lot of that over the course of three weeks. In any conduct, it's the people who set the rules who are the ones who are responsible. ...

"I was very impressed by a lot of people in the Capitol and around state government who simply answered our questions, even though it was painful -- it put them in a bad light. A number of people, were very impressive -- not just Lyndee Wall, who's gotten a lot of attention, but others, including some who testified here, who simply did what we expect people to do when they've been asked questions by law enforcement -- tell the truth and let the chips fall where they may. ...

"It's kind of a sad day, I think, for Wisconsin. I think these cases have really highlighted the potential for abuse of power. So I don't think it's a happy day for anybody here. I think the jury thought carefully, considered the evidence and returned a fair verdict."

Assembly Speaker John Gard

Assembly Speaker John Gard, who succeeded Jensen in the position after the Waukesha Republican stepped down as a response to the "caucus scandal" allegations, was saddened by the verdict.

"I'm just sad. I'm just sad for Scott, his wife and his kids," he said.

Gard wasn't ready yet to answer questions about Jensen's future in the Assembly and as a member of the powerful Joint Finance Committee.

"Everybody's going to abide by the laws, and, you know, it's too early to know exactly all that stuff ... I'm not going to go down that road, I'm going to let them deal with the toughest day of their life."

Republican Party Executive Director Rick Wiley

Rick Wiley, executive director of the state GOP, called the situation unfortunate, but said it won't hurt Republicans in this election year. "Scott Jensen has been an integral part of the Republican Party, and he's done a good job. ...The criminal justice system has run its course, and we thank Scott Jensen."

He said "obviously losing a Scott Jensen never helps," but the Republican team and candidates will do fine, he said, especially in the Assembly, where a strong majority has been built. "Democrats are going to try to use it, but I don't think they'll be successful."

Democratic Party Chairman Joe Wineke

"You never know instantaneously how things like a criminal trial will affect the next election but it can't be good news for Republicans in the Legislature. ... I don't take any great joy in seeing a public official convicted of felonies.

Wineke was asked if the conviction would be used by Democrats while campaigning in the 2006 election

"I think it is too early to tell -- within a half hour or 45 minutes of the verdict coming down -- to even have a discussion of whether that is going to be good or bad or how that is going to be used would be premature."

Wineke said that though parties have some say over what their candidates do, they don't have complete say over what an individual may or not do in regards to using the issue for campaign purposes.

Does he think it will encourage any more candidates to run on the Dem side?

"If this encourages any more we are going to have a full plate."

Wisconsin Democracy Campaign Executive Director Mike McCabe

"It certainly vindicates the prosecutors," said McCabe. "Five years ago almost, they were saying all this was much ado about nothing and this was a witchhunt and the charges would never amount to anything. And now the prosecutors have batted 1.000."

McCabe said the case was about a "raw abuse of power."

"Top leaders in the Capitol from Jensen and Chvala, to Foti and Ladwig, they were the leaders in the Capitol and they were presiding over a crooked system. They were stealing from the taxpayers."

He also said it was about accountability:

"When politicians abuse power they need to be held accountable for that. It doesn't matter if they didn't invent these practices, they certainly perpetuated them and took it all to a new level."

McCabe on Jensen's future:

"I think he heads to prison. I think he definitely should do prison time. The harsher the punishment the stronger the message is sent."

McCabe said the final chapter of the caucus scandal has yet to be written.

"It is important that a message gets sent to the current bosses at the Capitol. This is not the final chapter in this story - the final chapter is still being written. Even though this appears to close the book on the caucus scandal, this is not the end of the story.

"This story is not about a few bad apples, it is about a system that is rotten the core."

Attorney General Peg Lautenschlager:

"I would like to congratulate Dane County District Attorney Brian Blanchard on a successful prosecution and wish to thank the Department of Justice's Division of Criminal Investigation Special Agents and Assistant Attorney General Roy Korte for their integral roles in the prosecution of this case.

"I hope this verdict will signal to all government officials the need to follow state law and will stress the need for clean government, clean campaigns and the essential responsibility to keep official government duties separate from political campaigning.

"The outcome of these landmark convictions must once again impress upon us all the need to keep campaign fundraising and the influence of special interests out of the halls of the State Capitol."

Labels: caucus_scandal

Rep. Scott Jensen sat stoically today as Judge Steven Ebert read the verdict of guilty on all counts in his political misconduct trial.

The nine-woman, three-man jury announced their verdict at about 11:45 a.m. today, after nearly 17 hours of deliberation. The jury chose as their foreman a man who during selection said that he worked for the state Department of Agriculture, and served on a village board.

Despite the tension in the courtroom, Jensen, wearing a dark suit, had little outward reaction as the verdict was read. Friends and family who were present in the courtroom seemed to have their breath taken away. Jensen's mother wept as his sister put her arm around her shoulder. Jensen's wife didn't attend, staying at home with the couple's children and with friends.

• See the verdict announcement

Jensen's co-defendant, Sherry Schultz, also had little outward reaction as the judge announced that she, too, had been found guilty.

In a brief statement to the press outside the courtroom, Jensen became emotional as he thanked his friends and supporters. "My family and I will be deeply grateful to them forever. They have been amazing with their prayers and their support over the last few year," he said.

Schultz left the courtroom through a back exit, avoiding reporters.

Before excusing the jurors, Ebert thanked them for their duty, and commended them on their copious note-taking. "It's obvious you've given this matter a great deal of thought because you've been out for many hours on this matter," he said.

Ebert said he would like to schedule sentencing within 30 days, which was OK with the prosecution, but not the defense attorneys. They asked for more time to consider their arguments, and Ebert said the date will be set for some time in late April or early in May.

A legal source who had been following the trial expects the Jensen team to file an appeal within the next 10 days, possibly on the grounds that the jury should have been chosen from a pool outside Dane County.

The length of deliberation, the source said, could hurt Jensen's chances of a successful appeal because it "shows they had a jury that thought long and hard about it."

Labels: caucus_scandal

Verdict webcasts:

• State v. Jensen: Verdict Announcement
• State v. Jensen: Reaction to Verdict

TO USE WISPOLITICS.COM/MEDIASITE WEBCASTS
--You must have a high-speed line.
--Click on the chosen link above.
--Wait until it loads and then adjust volume on your speakers and on the + - scale below the screen on the right.
--Use the "slide" cues above the screen on the right to page through the interview to the spot you want.
--Watch and listen, or minimize the screen, listen and do other computer work.
Questions? Contact: webmaster@wispolitics.com

Labels: caucus_scandal

Dane County DA Brian Blanchard: "I think it shows that no one is above the law."

Defendant Scott Jensen: "The only plans I have at the moment are to go home and hug my wife and kids."

Did the jury return the correct verdict? Vote and voice your opinion in the online poll at www.wisopinion.com. Scroll down to see the poll.

Labels: caucus_scandal

A Dane Co. jury, after about 17 hours of deliberation, decided this morning that Waukesha Co. state Rep. Scott Jensen, R-Town of Brookfield, was guilty on all counts.

The jury also decided that former GOP legislative aide Sherry Schultz was guilty.

Jensen, the former Assembly speaker, had been charged with three felonies and a misdemeanor in connection with allegations he used Capitol resources for the benefit of his campaign and those of other Republicans.

Schultz, a veteran GOP fundraiser, had been charged with one count of felony misconduct for misusing her position as an aide on former Assembly Majority Leader Steve Foti's payroll.

Labels: caucus_scandal

The court says the jury will be back in the next 20 minutes to announce its verdict.

Labels: caucus_scandal

The jury returned for deliberations around 8:30 this morning.

Labels: caucus_scandal

The jury is done for the night and plans to return for deliberations at 8:30 a.m. tomorrow.

Labels: caucus_scandal

The jury remains in deliberation, closing in on its 13th hour of trying to decide the fate of state Rep. Scott Jensen and former legislative aide Sherry Schultz.

Around 7 p.m., the jurors ordered dinner from The Esquire, a restaurant on Sherman Avenue in Madison.

In an impromptu elevator encounter, Judge Steven Ebert said he's willing to let the jurors go as late as they like, adding that he's had juries deliberate on a case until 5 in the morning.

If necessary, the jury can continue deliberations through the weekend, including Sunday, he said.

Labels: caucus_scandal

At about 3:30 p.m., the jurors had a second question.

Judge Steven Ebert read the question in court: "Under the law is hiring and directing the hiring the same?"

Ebert said he would tell the jurors that he can not answer them directly. "You must find your answer from the evidence and as I have instructed you in the law."

Labels: caucus_scandal

Judge Steven Ebert called a brief court session to answer a jury question shortly after 1 p.m. Jurors were confused about whether they were to consider both "acts of omission and acts of commission" when deciding the fate of Jensen.

Prosecutors Brian Blanchard and Roy Korte attended the session in person, and defense attorneys Stephen Morgan and Stephen Meyer participated via phone.

The question from the jury indicated that there was confusion between the charges as written and the jury instructions. The jurors were told by the judge during jury instructions that either commission or omission can be considered.

Ebert said he would answer the jury's question by telling them to follow the law as given in the jury instructions.

Labels: caucus_scandal

The jury in the Scott Jensen/Sherry Schultz trial resumed deliberation at 8:30 a.m. this morning.

The jury was given the case at about 6 p.m. last night after about five hours of closing statements from the attorneys. They worked until a little after 8 p.m., then called it a night.

Judge Steven Ebert said he wasn't going to place any time limits on the deliberations. "As long as they want to deliberate, they can deliberate," Ebert said.

Labels: caucus_scandal

See new WisPolitics/Mediasite webcasts of the trial's closing arguments:

• March 8: Closing Argument: Prosecutor Brian Blanchard
  • Part 2
• March 8: Closing Argument: Stephen Meyer, defense attorney for Rep. Scott Jensen
  • Part 2
• March 8: Closing Argument: Stephen Morgan, defense attorney for Sherry Schultz
  • Part 2
• March 8: Closing Arguments: Rebuttal - Prosecutor Brian Blanchard

TO USE WISPOLITICS.COM/MEDIASITE WEBCASTS
--You must have a high-speed line.
--Click on the chosen link above.
--Wait until it loads and then adjust volume on your speakers and on the + - scale below the screen on the right.
--Use the "slide" cues above the screen on the right to page through the interview to the spot you want.
--Watch and listen, or minimize the screen, listen and do other computer work.
Questions? Contact: webmaster@wispolitics.com

Labels: caucus_scandal

The jury has finished its deliberations for the day and is set to return at 8:30 a.m. after being sequestered overnight.

Labels: caucus_scandal

Closing arguments in the case against Rep. Scott Jensen and former legislative staffer Sherry Schultz have ended, wrapping up shortly before 6 p.m.

After Judge Steven Ebert gave some final instructions, the jury was released to deliberate. Three men from the nine woman, six man jury were culled out before deliberations began.

Jurors are scheduled to meet for roughly an hour before Ebert will check in with them to ask about their progress. At that point, if they haven't reached a verdict, he'll leave it up to jurors to decide whether to ccontinue deliberations tonight or start fresh in the morning.

Labels: caucus_scandal

Defense attorney Stephen Morgan took a different approach with his closing statement than Meyer. Where Meyer appeared mocking and tightly wound, Morgan came across as relaxed and low-key.

He said he wanted the jurors to think about the atmosphere that existed when Schultz walked into the ARC office.

Morgan conceded that Schultz helped candidates with campaign finance reports, pushed lazy legislators to fundraise, created donor lists and other campaign-related work. "She did. She helped people -- that was her job," he said.

But to prove her charge of aiding and abetting, Morgan said, the prosecution has to show she had knowledge that a crime was being committed. He said the state has not proven that, and in fact had not given the jury "one iota of evidence" to that end.

"Mr. Blanchard ignored that. Why? I think it's obvious -- he doesn't have the evidence."

He also said Schultz did not do the things the prosecution accused her of to the degree they assert.

He picked out the testimony of Charlene Rodriguez, whose testimony regarding how many times she saw Schultz changed between the John Doe investigation and the trial. He said memories fade over the years, and suggested witness testimony was tainted by preparation by the prosecutors. "I don't think any of these witnesses know for sure anymore," he said.

Labels: caucus_scandal

Meyer focused heavily on former Jensen staffer Richard's testimony, and tried to discount it. He called her claim that she put the host committee together for the annual Jensen pig roast fundraiser in 1997 "absolute B.S."

He said Jensen was brought up to trust people to do the right thing, and that is how he has conducted himself. "Honest people trust. Dishonest people see dishonesty. He trusted," Meyer told the jury.

Meyer called Richard's claim that Jensen solicited money from lobbyists from his office "pure, absolute garbage."

His closing statement ended after approximately one hour and 20 minutes.

Meyer's final quote to the jury: "I do hope that you do the right thing. That you find the truth. That you find the justice, and let Scott go home to his family."

Labels: caucus_scandal

As he has throughout the trial, Meyer said there was a gray area between legislative and political and campaign activity. He said staff was getting mixed messages because there was no clear definition of campaign activity.

"But these guys can figure it out," he said in a sarcastic tone, pointing at the prosecutors' table. "They've never sat in the Legislature. They don't have a clue."

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Meyer tweaked prosecutors for using immunity agreements, portraying them as a form of bribery, used to get the testimony they wanted.

"If I were to give a witness $5 for her testimony, I would be prosecuted -- and I should be," he said.

"They get to give them something more valuable than gold. They get to give them their freedom. They get to give Ray Carey his life back," Meyer said.

He said of Foti's testimony, "He sold his testimony for 30 pieces of silver. It was pathetic."

Labels: caucus_scandal

A passionate Meyer opened by reflecting on the testimony of David Prosser, Marlin Schneider and Mac Davis, who all testified to Jensen's character.

"They all took the stand, put their reputation on the line both here and in the public, to tell about the Scott Jensen they know - a man of the utmost integrity - his word is good."

Meyer said Jensen was trying to reform the Assembly. "He pushed that institution kicking and screaming to reform itself," he said.

Meyer called Richard's testimony "preposterous," particularly her claim that Jensen made solicitations to lobbyists from his office phone. Jensen rented space in the RPW to make fundraising calls, Meyer said, to avoid breaking "the age-old rule in the Capitol - you do not solicit money from your office."

He said Blanchard's recounting of gains in Jensen's campaign account didn't point out that Richard left in '99. "These numbers aren't due to Carrie Hoeper Richard. She wasn't a fundraiser. You know staff didn't make those calls. It has to be a legislator," Meyer said.

Meyers then tried to explain why Blanchard brought up the numbers. "He wanted to make it feel like money is dirty," he said mockingly. "That's what this case is about."

Meyer said off-state payroll amounts increased while Jensen was speaker, and said Jensen's reform agenda preceded the media reports the prosecution has claimed spurred the elimination of the caucuses. Jensen, Meyer said, told Scocos to do a top-to-bottom review of the Assembly operations in January 2001 -- the first articles appeared that May.

"Now the guy who tried to fix the system is standing there with a target on his back because he didn't fix it fast enough," Meyer said.

Labels: caucus_scandal

Blanchard wrote out some numbers from Jensen's campaign finance reports to attempt to show what he says is the impact of the hiring of Carrie (Hoeper) Richard on the Taxpayers for Jensen bottom line.

In July '97, the cash balance was $6,159. By July '98, it was $80,927. In July '99, the balance was $187,844, and by July '01 it was $347,708. Blanchard said Jensen was gearing up for a gubernatorial run.

He said fundraising may have been "just mowing the lawn" for Jensen, but using his state employees gave Jensen a dishonest advantage.

Blanchard said Jensen had a duty not to use state employees to carry out campaign work, and as a state employee Schultz' duty was not to do campaign work while on the state payroll. The verdict comes down to this narrow point, Blanchard said, "Did these two people violate their clear duty?"

During Blanchard's summation, Jensen looked on in disbelief, often shaking his head in apparent disagreement as Blanchard went on.

Labels: caucus_scandal

In his closing argument, prosecutor Brian Blanchard returned to the three things the prosecution told the jury the case was about on the first day: duty, money and deception.

Blanchard said Jensen resorted to "misleading statements and outright falsehoods" to hide the "pervasive use" of state resources for a "campaign machine."

"Mr. Jensen decided the truth was too ugly to share, so he decided to keep up the deception," Blanchard said.

He asked the jury not to believe Jensen's defense that he wasn't aware that his staff was doing campaign work on state time.

"Everyone knew, including the boss Scott Jensen," Blanchard said.

"The ARC was one-stop shopping for campaigns," he added later.

To illustrate defendant Sherry Schultz's involvement, Blanchard focused on the testimony of two campaign treasurers, Stacy Ascher-Knowlton and Sharon Bartels, who said they got campaign finance advice and conduit and PAC checks from Schultz.

He also reminded jurors of Brian Dake and his testimony that Schultz' sole reason for attending planning meetings with legislators was to address campaign fundraising issues.

Blanchard also referred back to a note Schultz faxed to former Rep. Bonnie Ladwig about moving money around to candidates.

Labels: caucus_scandal

The Schultz defense has rested. There will be no rebuttal witnesses, prosecutor Brian Blanchard said, meaning the evidentiary phase of the trial has ended.

Judge Steven Ebert is reading the closing instructions to the jury. Closing statements from each side will begin at 1 p.m.

Labels: caucus_scandal

Today's only witness is Paul Tessmer, former database specialist for the Assembly Republican Caucus from May '98 to Dec. '01.

Tessmer created a software program for filing campaign finance reports. He said he developed the program after receiving an question about the possibility of creating such software from Jensen's former Chief of Staff Brett Healy, but said he didn't view it as a work assignment but a "professional challenge."

He said he worked on the program both on his own time and on state time while in the ARC office. Tessmer testified that defendant Sherry Schultz helped in creating the program, running tests on early versions to get the bugs out of the system.

In about 2003, after he left the ARC, state Elections Board director Kevin Kennedy contacted him about the program and he donated it to the state, Tessmer said.

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With the case against GOP Rep. Scott Jensen and former legislative staffer Sherry Schultz so close to getting to the jury, is there still a chance a deal could be cut?

The attorneys indicated today there is little or no chance.

"Absolutely not," said Jensen attorney Stephen Meyer. "Do you think we would have gone through three weeks of this?"

Morgan said there have been no settlement talks, and he didn't expect to be contacted by prosecutors before the case is left to the jury tomorrow.

Assistant AG Roy Korte, the co-prosecutor in the case, said it wouldn't be appropriate for him to comment on whether settlement talks have been going on during the trial.

Labels: caucus_scandal

In an hour and forty-five minute conference today, the attorneys involved in the Jensen/Schultz case agreed on instructions for jurors when the case is turned over to them tomorrow.

The final witness in the case, former ARC employee Paul Tessmer, will be called at 8:30 a.m. tomorrow by Schultz's attorney, Morgan. Judge Steven Ebert set a tentative time of 1 p.m. for closing arguments, and estimated the jury may get the case by 5 p.m.

One point Ebert said jurors will be instructed on is that some evidence applies only to Jensen and not to Schultz. Another is that political activity includes campaign fundraising, maintenance of campaign finance reports, and recruitment of candidates.

Ebert said he was concerned that the defense may try to make a "mistake" argument in their closing, in particular that the charges were a result of a flaw in the criminal law.

Ebert said he has heard some testimony that brought up the mistake argument, such as a witness saying they were unaware of the law. But for either defense lawyer to make the mistake argument would be unwise, he warned. "I would think it would be contrary to the law to argue mistake or fashion your argument around that," he said.

"Just keep your arguments to the facts that you believe are proven," he advised.

Labels: caucus_scandal

Below are links to all the WisPolitics/Mediasite webcasts published so far in the trial of Rep. Scott Jensen and former legislative staffer Sherry Schultz.

TO USE WISPOLITICS.COM/MEDIASITE WEBCASTS
--You must have a high-speed line.
--Click on the chosen link above.
--Wait until it loads and then adjust volume on your speakers and on the + - scale below the screen on the right.
--Use the "slide'' cues above the screen on the right to page through the interview to the spot you want.
--Watch and listen, or minimize the screen, listen and do other computer work.
Questions? Contact: webmaster@wispolitics.com

MARCH 8

• Defense Witness: Richard Bohringer, State Elections Board auditor
  
• Defense Witness: State Rep. Steve Kestell
  
• Defense Witness: Sharon Bartels, treasurer for state Rep. Gabe Loeffelholz
  

MARCH 7

• Defense Witness: Rep. Scott Jensen
  
  • Part 2
  • Part 3
  • Part 4
  • Part 5
• Defense Witness: Former state Sen. Mac Davis
  
• Defense Witness: Supreme Court Justice David Prosser
  
• Defense Witness: Rep. Marlin Schneider

MARCH 6

• Defense Witness: Former Jensen spokesman Steve Baas
  • Part 2

MARCH 3

• Prosecution Witness: Former Division of Criminal Investigation Director Dave Collins
  • Part 2
• Prosecution Witness: Former state Rep. Steve Foti
  • Part 2

MARCH 2

• Prosecution Witness: Former ARC staffer Bill Cosh
  • Part 2
  • Part 3

MARCH 1

• Prosecution Witness: Cross-examination of former Assembly Republican Caucus staffer Brian Dake
  • Part 2

FEBRUARY 27-28

• Prosecution Witness: Lobbyist Patrick Essie
  
• Prosecution Witness: Former Assembly Republican Caucus director Jason Kratochwill
  • Direct examination
    -- Part 1
    -- Part 2
    
    
  • Cross-examination
    -- Part 1
    -- Part 2
    -- Part 3

FEBRUARY 24

• Prosecution Witness: Former Republican caucus employee Lyndee (Wall) Woodliff
  • Part 2

FEBRUARY 23

• Prosecution Witness: Former Republican caucus graphic artist Eric Grant

FEBRUARY 22

• Prosecution Witness: Assembly Chief Clerk Patrick Fuller
  
  • Part 2
  • Part 3
• Prosecution Witness: Elections Board Executive Director Kevin Kennedy
  • Part 2

FEBRUARY 21

• Excerpts from Opening Statements
  

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After Bartels' testimony the jury was let go until tomorrow morning. The attorneys plan to meet at 1 p.m. to discuss jury instructions.

Ebert said he expects closing arguments to commence at 1 p.m. tomorrow.

Labels: caucus_scandal

Sharon Bartels, treasurer for Rep. Gabe Loeffelholz, also said Schultz was a resource for her when she had campaign finance questions.

She also testified that Schultz would call her and tell her to expect PAC and conduit checks.

Blanchard on cross asked Bartels where she thought Schultz worked, and she responded that she thought she worked for the Elections Board. Blanchard asked if she thought it was unusual for an Elections Board official to be sending the campaign checks. "Oh yeah - I didn't know anything when I took this job," Bartels said.

Labels: caucus_scandal

Rep. Steve Kestell said he first met Schultz at a gathering for new GOP legislative candidates in Madison in '98. He said the person he was supposed to meet was delayed, and Schultz humored him while he waited.

Once he got into his campaign, he found that Schultz was "the expert on campaign finance law." He said he would call her to ask questions about subjects like contribution limits. "If you make a mistake it's going to become a campaign issue," he said.

"The Elections Board is a very, very busy place, especially during election time," Kestell said. "If you don't understand it in the terms they're offering you, they don't have a lot of time to spend on the phone with you."

Kestell said, "Sherry cared whether or not I was going to get it right."

Kestell said he sought advice on how to do fundraising from Schultz, but she never participated directly in fundraising for him.

On cross, Blanchard asked Kestell who he thought Schultz worked for. "I believe I understood she worked for Majority Leader Foti." Blanchard said Kestell told investigators that he didn't know who Schultz worked for. Kestell said he didn't remember saying that.

Labels: caucus_scandal

The first witness today, Richard Bohringer, is lead campaign auditor at the state Elections Board. He has been employed there since 1990.

Bohringer said defendant Sherry Schultz would often visit the Elections Board to review reports or with questions about how to report something. He said he could go to Schultz to help reconcile problems with GOP Assembly candidates' campaign finance reports when the candidates were unresponsive.

"She was able to put them at ease that either they'd respond to me or they'd respond to her and she'd get me the information I needed," he said.

Bohringer said the Elections Board closes at 4:30 p.m. Morgan asked if there was any special arrangement for people trying to contact the agency after hours, and Bohringer said there was voice-mail.

Under cross, Blanchard asked Bohringer how he thought of Schultz. "She was a resource I used to help resolve the files," he replied.

At the time, Bohringer said, it was unclear to him whether she was a state employee.

Labels: caucus_scandal

Prior to the jury being brought in today, Jensen's attorney Stephen Meyer moved for a mistrial because he said his client was not able to confront witnesses face-to-face.

Meyer said the last witness yesterday, former state senator and current circuit court judge Mac Davis, told him he couldn't see Jensen as he testified. Jensen himself complained of not being able to see the witness stand from his seat at the defense table last week, Meyer said.

"I am making a motion for mistrial because my client has not had the right to face-to-face confrontation with the witnesses," Meyer said.

Dane County DA Brian Blanchard responded by saying he wasn't aware of any problem. "I haven't noticed Mr. Jensen stand up or strain. The witnesses may lean a little bit, but when they lean a little bit they would see him."

Judge Steven Ebert denied the motion. "Confrontation is broader than the ability to look somebody in the eye," he said.

The trial was supposed to start this morning at 8:30 a.m., but has been delayed until at least 10 a.m. because a witness is running late.

Labels: caucus_scandal

Jensen's defense has rested. Stephen Morgan, attorney for Sherry Schultz, is up tomorrow.

Morgan said he plans to call three witnesses tomorrow: Rep. Steve Kestell, Richard Bohringer and Sharon Bartels. He said he anticipated wrapping up tomorrow's testimony by 11 a.m. A fourth witness, Paul Tessmer, will not be available tomorrow and thus will not testify until Thursday.

Jury instruction conferences between the attorneys are expected to begin tomorrow, after Morgan finishes with his witnesses.

Labels: caucus_scandal

Supreme Court Justice David Prosser, for whom Jensen worked as ARC director, said Jensen is "a person of the highest integrity."

Prosser said of Jensen, "I have always trusted Scott Jensen. He was a person who kept his word. I think he's an honest person and a fair person."

On cross-examination, Blanchard asked Prosser if his opinion would change if he knew Jensen gave false information in interviews with law officials. Prosser answered simply, "No."

Marlin Schneider, a Democratic representative since 1970, was also called as a character witness for Jensen.

"My opinion is that in the Legislature the only thing you have is your word," Schneider said. "Working with Mr. Jensen, he never betrayed me."

Schneider said even though Jensen is a political opponent, he trusts him. "I don't like his political philosophy on issues, but I have found him honest and above-board and always willing to work with us."

On cross-examination, Blanchard asked Schneider if his opinion would change if he knew Jensen gave false information in interviews with law officials. "Depending on what that was, potentially yes," Schneider said. "But I try to judge people on how they treat me, not their relationships with others."

Labels: caucus_scandal

See a new WisPolitics/Mediasite webcast:

• March 7: Defendant Scott Jensen
  • Part 2
  • Part 3
  • Part 4
  • Part 5

TO USE WISPOLITICS.COM/MEDIASITE WEBCASTS
--You must have a high-speed line.
--Click on the chosen link above.
--Wait until it loads and then adjust volume on your speakers and on the + - scale below the screen on the right.
--Use the "slide" cues above the screen on the right to page through the interview to the spot you want.
--Watch and listen, or minimize the screen, listen and do other computer work.
Questions? Contact: webmaster@wispolitics.com

Labels: caucus_scandal

"I was confident people were taking comp time, vacation time and leave time to do campaign work. That was the office policy," Jensen said.

Three character witnesses are yet to come for the defense: Supreme Court Justice David Prosser, former GOP Sen. Mac Davis, and Dem Rep. Marlin Schneider.

Korte said he expects to go another half hour with Jensen on cross examination. So far, cross examination has lasted about two and a half hours, as long as the direct examination of Jensen.

Labels: caucus_scandal

Korte continued to ask Jensen about the ARC and RACC, his interaction with ARC directors and duties of the directors.

He listed a long line of duties Carey and Kratochwill were tasked with, from executive director of RACC to managing field staff to handling direct mail. Jensen was asked if he ever advised either of them to do that work off the state clock. He said he assumed he wouldn't have to address the issue with a "seasoned employee" like Carey.

"No, and I didn't tell him the opposite either. We didn't have that conversation." Jensen said of Kratochwill.

Korte asked whether he was aware there was campaign work being done on the state dime in the '98 and '00 elections. "I was aware of that in 1987," he said.

"I guess I didn't think of it that way. We thought we were following the rules we've always (had), and didn't see state resources being consumed," Jensen said.

Korte pointed out then that in the Sept. '01 interview with investigators, Jensen was asked if he was aware of state workers conducting campaign activity. Why did he answer no, Korte wondered.

"I thought that meant in the present tense at the time because the question was asked in the present tense," Jensen said, adding he answered it that way because "it had been many, many months since anything like that occurred."

Jensen said, "It was a very confusing interview."

Labels: caucus_scandal

Assistant AG Roy Korte tried to set the tone early in his cross-examination of Jensen, reminding the former speaker who was running the show in the courtroom.

When Jensen expounded on answers to Korte's "yes and no" questions, and Korte brusquely told him that any clarification to his questions could be offered by his attorney on redirect. "You've been here all week. You know how things work," Korte said.

"Just trying to help, sir," Jensen said.

At one point, Korte asked Judge Ebert to warn Jensen against responding beyond the scope of the question. Ebert gave Jensen the admonishment, telling him that if a question is phrased in a way that requires a yes or no answer, "that should be the response given."

Korte showed Jensen a memo from former Assembly Speaker Ben Brancel sent in '97 to legislators in which he warned against doing campaign work using state resources. Jensen said he didn't get the message because he didn't have a state computer or e-mail account at the time.

Jensen was also asked about a 2000 memo from former Assembly Chief Clerk Charlie Sanders that outlined the rules for the use of state resources related to campaign work. Jensen said again that he believes he may not have seen that memo before the trial. "I generally don't get these. I know it says legislators at the top, but I don't think I did - maybe I did," Jensen said.

Korte asked Jensen if his campaigns have ever been aided by state-paid personnel or resources, listing a litany of services -- from employees to copy and fax machines. Jensen said no to each, until Korte said graphic designers. He said he couldn't be sure whether the graphic design work done for his campaigns was done at ARC offices using state equipment or by the designers on their personal equipment.

"(The state) didn't hire anyone separately to work on my campaign, no," Jensen said.

Korte asked Jensen if fundraising was a difficult thing. "I don't think it's that difficult. It's like mowing the lawn, you've got to get it done."

But Jensen denied that his fundraising abilities gave him more sway among his peers.

"I don't know anybody in the Legislature who said, 'I'm going to vote for this because you helped me get elected," Jensen said. He said all he ever was interested in was getting a majority for the GOP.

Labels: caucus_scandal

Meyer wrapped up his questions by asking about the interview with Blanchard and Collins. Jensen said he felt the investigators misunderstood much of what he said and seemed not to be knowledgeable about the workings of the Legislature.

He also raised questions about the accuracy of the report, noting on the first page it said he was majority leader. "That's a pretty simple mistake," he said.

Asked what he's been doing since being charged, Jensen said he was grateful to be re-elected by his constituents by two of the largest margins of his career.

Jensen -- composed throughout questioning by Meyer -- turned emotional when asked about the impact the case has had on his family. He seemed to be near tears as he tried to recount the kindness of his supporters and the cruelty of his detractors. An objection by the prosecution cut him short before he could relay a personal anecdote to the jurors.

He also paraphrased Dickens to describe the last few years, "It has been the best of times and the worst of times," he said.

Labels: caucus_scandal

Jensen said he became concerned with the Assembly's comp time policy during the 2000 election, but the court cut him off when he tried to discuss actions by Democratic staffers.

"My staff was getting more and more angry because they would hear reports from the field that Democrats were --," Jensen said before the prosecution objected, and Ebert sustained the objection.

Jensen said he also had concerns about the top-to-bottom operation of the Assembly, which he called "sloppy."

"It was not a professionally run organization," he said.

Jensen said he approached Dem leader Rep. Shirley Krug about the situation, and said he left "frustrated." He then asked Scocos to draw up a clear policy on comp and leave time and campaign work.

Asked if media reports helped to expedite the process, Jensen said, "They sure made it easier to sell."

Jensen said he pushed for the dismantling of the caucuses after evaluating the system and judging it beyond repair. He said he met with other caucus leaders but they didn't move fast enough for his liking.

Jensen said he met with Ethics Board director Jim Morgan and told him, "I can't wait any longer for the rest of these people. I want to end this thing." Morgan advised the houses should move together to abolish the caucuses, Jensen said.

When the vote came to disintegrate the caucuses, Jensen said, "The roll call will show there were votes against it by the other side." The prosecution objected, and Ebert had that remark stricken from the record.

Labels: caucus_scandal

When he became ARC director from '87-'89, Jensen said it was already understood that graphic designers created campaign lit.

"I quickly learned from staff that it was appropriate for graphic artists to do design work for brochures," he said, because it didn't create "additional bills for taxpayers."

When he became speaker, Jensen said it didn't alarm him that graphic artists did that work because they had always done it.

Labels: caucus_scandal

Jensen said fundraising for Taxpayers for Jensen was a very small part of his time.

"It's not, as somebody said the other day, hard to raise money as speaker," he said.

In his office, there were ground rules regarding campaigning and fundraising, Jensen said. "There was to be no direct solicitation of funds in my office. I didn't make calls from my office and other people did not make calls from my office," he said.

Also, leave time to do campaign work was to be strictly observed, Jensen said.

Jensen said he assumed that Himebaugh was still a part-time worker in his office between May and November of 2000, and that she was volunteering for Taxpayers for Jensen. He didn't know she was a full-time ARC employee.

Labels: caucus_scandal

When Jensen took over as speaker in '97, Ray Carey was already director of ARC, and Jensen kept him on.

Meyer asked whether Jensen had addressed the issue of using leave time for campaign work with Carey. "Nothing like laying out a policy or anything. I just assumed he did it like previous caucus directors had done," Jensen replied.

Asked if he authorized leave, Jensen said, "Sure, I wanted people to take leave time when they were out in the field."

Meyer showed him spreadsheets from RACC in '98 and '00 showing payments were made to field staff.

Jensen said leave time for leggie staff was left up to individual legislators - he only oversaw the leave time of his own office employees.

Labels: caucus_scandal

In '94, the GOP wrested the majority in the Assembly from the Dems, and Jensen was selected as majority leader. Meyer asked about the importance of being in the majority.

"It is difficult for legislators to pass legislation when you're in the minority," Jensen said. "Anything that has any sort of partisan ideology to it, only the majority gets those passed."

Jensen lost a bid for speaker in '96, but got the job when Ben Brancel was tabbed by Thompson to serve as agriculture secretary in fall of 1997.

He said speaker is a "great job" but its not like being CEO of the Legislature. "You can't direct people to do things in most situations. You have to persuade people to do things," Jensen said.

Labels: caucus_scandal

Rep. Scott Jensen took the stand in his own defense this morning.

In his early testimony, Jensen talked about his start in politics, volunteering for the Mac Davis Senate campaign, to his days as a WMC lobbyist and his hiring as ARC director.

He said he joined Davis' campaign to work on policy issues after receiving his undergraduate degree. Instead, he was handed a post-hole digger and spent the summer putting up campaign signs.

"In the last week his wife felt bad for me and told him he should let me do (policy work). It resulted in a three-inch story in the paper," he said.

He then went to work for the Senate Republican Caucus before getting a gig with WMC as a lobbyist. In 1987, Betty Jo Nelson selected him as director of the Assembly Republican Caucus. While campaign work was part of the job, he said it was understood that leave time was to be used when working in the field.

His ARC staff worked incredibly long hours, he said, and he had no question they were putting in their 37.5 hours a week for the state before doing any campaign work.

He said there were five special elections in his first year as director, and one of his first tasks as director was to recruit candidates. He said he took leave time when working in the field on campaign work.

Asked by his attorney Stephen Meyer if he and others designed campaign-related materials and wrote ads in the office, Jensen said it was an ingrained practice.

"Sure, often working off stuff from previous campaigns from previous directors," he said.

After David Prosser took over as leader, Jensen said Prosser identified why the GOP couldn't win an Assembly majority -- because the party wasn't protecting its incumbents.

"The work of the caucus would now be directed at making sure that our incumbents were stronger," Jensen said.

Jensen left the caucus in '89 to become Gov. Tommy Thompson's chief of staff. He said he'd go to breakfast at the executive residence at 7:30 a.m. each morning, and get his last call from the governor at midnight. "I loved it though -- absolutely loved the job -- and the boss," Jensen said.

He said there were often meetings between the governor and legislative staff, and campaigns were a frequent topic. "I don't think you can get six or seven politicians in a room and not talk about campaigns," he said.

Jensen left that job to run for Assembly in a special election in '91.

Labels: caucus_scandal

Defendant Scott Jensen took the witness stand shortly before 9 a.m.

Labels: caucus_scandal

Today's first witness is Don Millis, a Madison attorney and a former legislative worker from '81-'90. Millis is also former chairman of the Tax Appeals Commission, and a former member of the state Elections Board, including a stint as chairman from 1998-99.

Defense attorney Stephen Meyer asked Millis for background on legislative leadership and the partisan caucuses.

Millis said he has known Jensen since the early '80s, when Jensen was a Senate intern, and said he is a good friend and that he "has the highest degree of confidence in Mr. Jensen's integrity."

On cross, Blanchard asked Millis, who works for Michael, Best and Friedrich, if Jensen had given the firm a lot of business through the redistricting process. Millis said he joined the firm after redistricting was resolved, so he had no knowledge of that, but he said redistricting created work for a lot of firms.

Labels: caucus_scandal

Testimony has ended for the day.

Defense attorney Stephen Meyer said he will call four or five witnesses tomorrow and rest his case. He said defendant Scott Jensen will be the first or second witness called.

Former Gov. Tommy Thompson will not be called tomorrow, Meyer said. When asked if Thompson would take the stand at all, Meyer would only say, "not tomorrow."

Asked if Supreme Court Justice David Prosser would be called, he responded, "We hope so."

The trial is set to resume at 8:30 a.m. tomorrow.

Labels: caucus_scandal

John Scocos, currently secretary of the Department of Veterans Affairs, was the Assembly's chief clerk when Jensen was speaker.

Scocos said when he took over as Assembly chief clerk, he was supported by Jensen in doing an overhaul of Assembly work rules. He said one of his recommendations was to close down the caucuses.

He said the policy manual hadn't been updated in 26 years, and contained contradictory information in job descriptions. He said there were no time sheets for employees, only time logs. He said time sheets were being used by 37,000 state employees at the time.

Scocos said he made 54 changes to the manual, including some accountability measures. Scocos said Jensen did not oppose any of his changes.

In his questioning, Morgan asked if there was confusion in the old employee manual whether caucus employees could or could not do campaign work. Scocos said there was some confusion due to the way the manual was written.

On cross, Blanchard tried to head off any argument by the defense that Jensen had proposed the reforms prior to the eruption of media coverage. Scocos said he began the manual revisions in June, after the media began looking into the operation of the caucuses.

Scocos said there was no discussion of the caucuses being eliminated until a Wisconsin State Journal series on the caucuses began in May.

Labels: caucus_scandal

See a new WisPolitics/Mediasite webcast:

• March 6: Former Jensen spokesman Steve Baas
  
  
  • Part 2

TO USE WISPOLITICS.COM/MEDIASITE WEBCASTS
--You must have a high-speed line.
--Click on the chosen link above.
--Wait until it loads and then adjust volume on your speakers and on the + - scale below the screen on the right.
--Use the "slide" cues above the screen on the right to page through the interview to the spot you want.
--Watch and listen, or minimize the screen, listen and do other computer work.
Questions? Contact: webmaster@wispolitics.com

Labels: caucus_scandal

To shed doubt on Tierney's statement under direct examination that she did campaign work while on leave, prosecutor Roy Korte produced multiple work orders from Tierney to Grant for campaign lit pieces dated June 1998. Some of the requests had a Jensen office number as a contact.

Korte showed that Tierney didn't take leave until August of that year.

On cross, Korte asked Tierney about how many times she saw Richard copying checks or entering the amounts into the database. She said she saw it a handful of times.

Did it stop after Tierney brought it up to Healy, Korte asked. "I honestly don't remember - it may haved dropped off for a while," Tierney answered.

She also recalled Jensen and Richard having conversations about Taxpayers for Jensen in the speaker's office -- discussions about the campaign committee's financial status and events. She also said she scheduled meetings for Jensen and Richard with lobbyists at the RPW.

Tierney also said she scheduled meetings between Jensen and Schultz. She said Schultz once told her she was very busy doing campaign finance reports.

Labels: caucus_scandal

Jodie Tierney, who worked for Jensen from '93-'01, said when staffers were leaving to work on campaigns, it was the policy of the office to contact the Assembly Chief Clerk's office and get taken off the state payroll for that percentage of the time. She said she did so when she left to do campaign work. And Meyer showed a leave document she filled out in '96.

Tierney said she accompanied Jensen to the RPW to make fundraising calls. She said she was not on state time when she made the trips.

She said Carrie Richard was employed to help with constituent services. Asked by Meyer about Richard's job performance, Tierney said she recalled more than one staff meeting to discuss how constituent contact had fallen behind. Tierney said she had to step in and help to catch things up on a couple of occasions.

Tierney said she witnessed Richard doing campaign work, like dealing with donation checks, in the speaker's office. She said she never made any comment to Richard or Jensen about it, but did say something to Healy.

Of campaign work. Tierney said, "It was something we were all supposed to volunteer on and chip in on, but we were not supposed to do that in the office."

Tierney said she solicited Eric Grant to do campaign lit and fundraising invitations. Asked if Jensen asked her to take the work to Grant at the ARC, Tierney said, "Not that I recall, no."

Asked if that was a bad decision in retrospect, Tierney said yes.

Tierney also said Jensen had a reputation for honesty.

"He's got a reputation for being very honest and truthful - a lot of integrity," Tierney said.

Morgan asked Tierney whether she ever did mailings in the annex room with Schultz and former Foti staffer Charlene Rodriguez. Rodriguez testified Friday that she stuffed envelopes in the annex. Tierney said she never engaged in mailings in the annex.

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Denise Solie, the committee clerk for the Joint Committee on Administrative Rules and sergeant at arms for the Assembly from 1998 to 2003, testified after lunch.

Solie verified that she drafted a document that Meyer entered into evidence. The document was a schedule of political events held in Assembly rooms from '95 to '01. She drafted it while she was sergeant at arms.

Before Solie, Leslie Oehmen was the first witness after lunch. Oehmen, controller for the state Republican Party, verified a document showing RACC payroll expenses for the '98 election season.

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Jensen defense attorney Stephen Meyer said he believes he can wrap up his defense tomorrow. Hearing that, Stephen Morgan (attorney for defendant Sherry Schultz) said all he'll need is one day, but one of his witnesses, former ARC employee Paul Tessmer, won't be available until Thursday.

In light of that, Ebert said the jury could get the case as early as Thursday.

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After opening today by telling the court, "we're going to work our tails off this week, and we're going to work late," Ebert told the jury before its lunch break to expect to stay until at least 6 p.m. today.

Today's lunch break is also shorter -- 45 minutes instead of the hour-plus breaks of the past two weeks.

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Blanchard asked if around the time Richard was hired Jensen was looking to "ramp up" his fundraising operation. Healy balked at this statement at first, but then relented after Blanchard showed him comments he made in an earlier interview.

"There was speculation (Jensen) was going to run for governor and if we were going to do that, we were going to need money in the bank," Healy said.

Healy remarked under questioning from Blanchard, "It wasn't hard to raise money in the speaker's office."

Asked to explain that statement on redirect by Meyer, Healy said, "As speaker a lot of people want to be friendly and want to be helpful, so it doesn't take a lot of work to raise money."

Healy's time on the stand is over and the court is on lunch break until approximately 1:30 p.m.

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On cross, Blanchard asked if at the '97 job interview with Carrie (Hoeper) Richard if she talked at length about her fundraising background. Healy said the topic didn't come up "until literally we were getting up to leave the table."

Blanchard asked if Richard was doing campaign-related work in the speaker's office. "I don't recall that," said Healy, who was the treasurer for Taxpayers for Jensen prior to Richard.

But Blanchard continued, asking where Richard would receive campaign checks. Healy said Jensen would bring them in his mailbag, and part of Healy's job was to distribute that mail. "She was treasurer so she needed the checks," Healy said.

Blanchard asked about a meeting in '98 when hiring a second ARC graphic designer was discussed after Eric Grant asked for more help. Grant testified that he was swamped during the campaign season creating campaign materials. Blanchard asked if there was any reason Jensen would not have been aware of what was keeping Grant so busy. Healy said no.

Blanchard asked about Leigh (Himebaugh) Searl's duties. Healy said while he thought she was doing constituent work and helping with scheduling, he acknowledged that she was doing Taxpayers for Jensen work as well, but it was on her own time.

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Next on the stand is Brett Healy, who worked for Jensen for 12 years and now works for School Choice Wisconsin.

He said most employees reported directly to him. Jensen would give direction, and the staff would run with it. "It was up to myself and the other staff to take that direction and make sure it got done," Healy said.

As Baas did, Healy testified that he never saw Jensen solicit or receive campaign contributions from lobbyists in the speaker's office.

And, echoing Baas and other staffers who have testified, Healy said he gave the state more than the 2,000 hours annually he was being paid for.

Asked by Meyer if there was an office policy regarding using vacation or leave time to work on campaigns. Healy said, "It wasn't so much an office policy - it was the Assembly policy." Healy said he took vacation days over his tenure to work on campaigns, but never took leave or went off state payroll. He said he also did campaign work on his own time.

Healy said he participated in envelope stuffings in the speaker's office, but "not very often." He also said he would at times take home the materials and do the envelope stuffing there.

Healy testified that Schultz attended leadership meetings in the speaker's office along with Reps. Jensen, Foti, Ladwig, Freese, Gard and Kaufert.

He said the topics of the meetings would vary, from policy to fundraising.

Under questioning by defense attorney Stephen Morgan, Healy said that sometimes Schultz would speak about policy at the meeting, and at other times she'd say how members were doing with fundraising.

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Under questioning from the prosecution, Baas testified that he worked with ARC graphic artists on Speaker's Club newsletters, including Eric Grant, Kacy Hack and Lee Riedesel -- three artists who testified earlier in the trial. The Speaker's Club was a fundraising vehicle for Taxpayers for Jensen.

Baas testified he would use state phones to communicate with the designers and state e-mail to convey the material. Baas said Jensen was aware but not involved in the creation of the newsletters.

"He didn't know how I was doing it. He knew I was preparing the speaker's report," Baas said.

Baas said he also participated in putting together mailings in the speaker's office. While he didn't recall specific mailings, Baas said he remembered "some that were campaign-related." He said they usually took place over the lunch or dinner hour.

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During a sometimes testy cross-examination, prosecutor Roy Korte asked Baas whether he was aware that Assembly Republican Caucus employees between '98 and '01 were doing campaign work using state resources.

At first, Baas said he didn't recall any such activity. He said he was in the communications business, not the campaign business.

Korte stayed at it, asking if he knew about the direct involvement of ARC employees in campaigns. "What is your definition of direct involvement in campaign activity?" Baas asked.

After Korte repeated the question, Baas said yes, he was aware of ARC conducting campaign activities.

Korte also asked if Jensen talked in those days about a future run for governor. Baas said he did.

Getting specific information from Baas proved difficult for Korte. At times Korte had to read to Baas his answers from a transcript of a February 2002 interview he had with investigators in which he told them of meetings held in Jensen's office with Hoeper to discuss campaign finances or upcoming campaign events.

Baas said he didn't doubt the veracity of the transcripts, or that he had those recollections at that time, but he doesn't specifically recall those incidents now as it was four years ago.

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Asked to describe a typical day in the speaker's office, Baas said it was impossible because it was "an atypical work setting."

Baas said the speaker's office was considered by the press as a hub for all Assembly GOP offices.

He said he did field calls from the press asking questions about campaigns. When those calls would come in, he'd contact the appropriate person at Taxpayers for Jensen, or go to the Elections Board himself to get the answer, he said.

Meyer asked if he went to Carrie (Hoeper) Richard for information when she was in the office. Last week, she testified that she served as treasure of Jensen's campaign when she was employed in the state office.

"I don't recall specifically if I ever asked Carrie for it or not," Baas said, but added if she had the information he likely would have because, "I was very interested in efficiency."

Baas said he did assist in writing fundraising letters, and he did so at his desk in the speaker's office. He said the bulk of what he contributed was material he already composed for press releases or columns, and he said the mission was the same for that sort of communication as for fundraising. "We wanted to put our message out there as attractively and aggressively as possible," Baas said.

Jensen never instructed him to work on the fundraising letters in the office, Baas said. "That's something I did on my own initiative, exercising my own judgment," Baas said.

Baas said he considers Jensen "a dear friend."

"I've found him to be a person of extraordinary integrity," Baas said.

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Steve Baas said in 1997, he went on 80 percent leave from Jensen's office to work on the DPI superintendent campaign. He said one day a week during that period he would put in an office day at the Capitol.

Defense attorney Stephen Meyer displayed the leave request letter to then-Assembly Chief Clerk Charlie Sanders.

Baas said it was up to staffers to ensure they followed the conditions of their leaves."That was my responsibility to make sure I was in compliance with this," Baas said.

As former staffers of Jensen have already testified, Baas described Jensen as a "big picture" kind of leader, and not a micro-manager.

Baas said Jensen had "very little" oversight of his work or that of the other personnel, and that he hired staff with "independent initiative and creativity."

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