WisPolitics Courtwatch Blog

The defense for DOA employee Georgia Thompson submitted four reply documents this week to the prosecution's consolidated response to pretrial motions, reiterating its arguments to dismiss the case against her.

Thompson, charged with two felony counts for allegedly "bid-rigging" a contract so it would be awarded to Gov. Jim Doyle contributor Adelman Travel, is facing a May 15 trial.

Hurley filed a reply supporting his motion for bill of particulars, and makes the case that the prosecutors have failed to define terms like "political considerations," saying it "is a term that has no discernible meaning."

Hurley asks how he can mount a defense on a charge of "bid-rigging" without knowing who his client allegedly conspired with to rig the bid. "By its very nature, 'bid-rigging' necessarily involves more than one person, because collusion is its
essence," Hurley writes.

The charge "prompted Thompson's initial request to identify who, if Thompson did not act as a principal, she aided and/or abetted, or, alternatively, who did the same with regard to her. So too, she requested that the government identify any unindicted co-conspirators as well as those individuals (assuming that there are any) whose interest were advanced by the accused's alleged conduct."

In an 11-page reply supporting the dismissal of the indictment, defense attorney Hurley proposes a hypothetical of an employee who saves the state money on a contract and is nominated for an "Employee of the Year" award.

"Now, if the law is as the government asserts, then the state employee could be charged with precisely the same offenses as Georgia Thompson, for precisely the same reasons," Hurley writes. "In both cases, the motivation of the employee benefits the state; and there is, additionally, the possibility of a job benefit and making her supervisor look good, based on her actions. Yet this is not a crime and, for that reason, the Indictment must be dismissed."

In a brief supporting the dismissal of count two of the indictment, Hurley tweaks the prosecution for citing United States v. Rosenberg.

"More somberly, when at this late date the United States cites its treatment of Julius and Ethel Rosenberg as an exemplar of what is lawful and right, then Thompson and the whole citizenry need help ... That case did not quite mark AUSA Roy M. Cohn's worst hour -- character assassination and deceits on behalf of Senator Joseph McCarthy perhaps claim that distinction. ... the entire Rosenberg case did not mark the federal government's best hour, either. That the government today aspires to no better must discourage anyone who would not see a sovereign beggar justice."

A fourth filing argues for the inclusion of "friend of the court" briefs filed by AFT-Wisconsin and its affiliated bargaining units.

Labels: Georgia_Thompson

U.S. District Judge John Shabaz has sentenced former Wisconsin Professional Police Association (WPPA) executive director Stanley James Kluss to to 15 months in prison without parole, to be followed by three years of supervised release, and full restitution, for embezzling more than $95,000 from the WPPA.

The WPPA, located in Madison, is a labor organization representing approximately 11,000 police officers in 400 local entities throughout Wisconsin and part
of Michigan.

On January 20, Kluss pleaded guilty to obtaining cash advances on credit cards, submitting false reimbursement claims for mileage on WPPA vehicles, and receiving unauthorized vacation and pension payments when he was responsible for the daily operation of the WPPA office in Madison.

See the U.S. DOJ release

Just days before spring election voters will cast their ballots in the South Milwaukee mayoral race, candidate Jim Logic has admitted to being a legal resident of California when he voted in Wisconsin elections in 2000 and 2001.

Logic's admission came after attorney Michael Maistelman filed a complaint with the offices of AG Peg Lautenschlager, U.S. Attorney Steve Biskupic and the U.S. attorney for the Southern District of California.

Maistelman was hired to craft and deliver the complaint by former mayoral candidate Thomas Zingale. In a statement, Maistelman said Logic "may have committed federal perjury by lying in his federal bankruptcy petition, and he may have committed voter fraud in Wisconsin by illegally voting when he was not a resident of this state."

See the original release and complaint

See Maistelman's follow-up release

In a story today, Logic called the mishap "a mistake," and his attorney Tom Simon wrote off Maistelman's complaint as a last-minute political attack. Logic will face Common Council President Thomas Zepeckiin in Tuesday's election.

See the story

A spokesman for the Attorney General's office said the matter is currently under review, but hinted at the potential for charges, saying that Logic's statements about his voting record in the newspaper, "seem irreconcilable."

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

Former SEIU Local 150 presidents Dan Iverson and Deborah Timko have been indicted by a Milwaukee grand jury on charges that they authorized fraudulent payments to themselves and others, fed officials say.

Iverson became 150 president in 1984, and hired Timko in 1998. He appointed her to the union's executive board and later as vice president. When Iverson resigned, Timko succeeded him as president. In exchange, the indictment alleges, Timko authorized payments totaling $50,000 to Iverson.

See the release from the US DOJ: http://www.wispolitics.com/1006/032206DOJSEIU.pdf

The office of U.S. Attorney Steven Biskupic late Wednesday afternoon submitted its response to the defense's pre-trial motions for dismissal in the trial of DOA employee Georgia Thompson. The 39-page document comes as both sides are preparing for the May 15 trial.

The prosecution document summarizes Thompson's position as "essentially that a public official who rigs the bidding process for a government contract ... commits no federal offense if she receives no direct monetary payment."

The prosecution rebuttal: "Bid rigging for private gain -- such as to enhance the public official's job security or to garner political advantage for her supervisors -- constitutes both honest services fraud and a misapplication of federal funds, both of which are federal criminal offenses."

The filing also says the defense request for additional information to prepare its defense should be denied and says the prosecution has already "made available more than 3,500 pages of discovery."

See the document: http://www.wispolitics.com/1006/060322GTresponse.pdf

Labels: Georgia_Thompson

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

AFT-Wisconsin has announced the filing of an amicus brief in the case against DOA civil servant Georgia Thompson, saying in a release that "the rationale for this criminal prosecution could have adverse repercussions for many state employees, and the services they provide to Wisconsin's citizens."

Thompson is not a member of the union -- the union filed the brief on behalf of its members. The union's filings argue that groups who could be affected by the logic used in the Thompson indictment include employees at DOT, DOA, DATCP, DNR, and DFI, among other agencies. The filing says employees are concerned that "the routine, lawful performance of their jobs may put them potentially at risk for similar criminal prosecution."

"The legal theory of the Thompson indictment would extend potential criminal liability for federal mail fraud to any public employee whose official actions result in a benefit to political donors/supporters of superiors," the brief says, as part of an argument that the case against Thompson should be dismissed.

*Read the brief: http://www.wispolitics.com/1006/060314AFTbrief.pdf
*See a related motion:
http://www.wispolitics.com/1006/large/060314AFTmotion.pdf

According to the AFT press release: "The prosecution's overreaching and unprecedented federal charges contain no allegation of fraud or misrepresentation, no allegation of tangible personal gain and no allegation of a wrongful act, and put all state employees at risk for criminal prosecution for the routine, lawful performance of their jobs.''

See the AFT-Wisconsin release:
http://www.wispolitics.com/index.iml?Article=57264

Labels: Georgia_Thompson

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."

Labels: caucus_scandal

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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