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Van Hollen will not appeal Jensen decision, new trial likely

By: Charles Brace /The Daily Cardinal  - December 3, 2007




The Wisconsin Attorney General will not ask the Supreme Court to overturn a ruling that repealed the corruption conviction of former Assembly Speaker Scott Jensen, with a new trial likely to happen.

The case involves Republican former Assembly Speaker Scott Jensen and legislative staffer Sherry Schultz.

Jensen, along with other former Democratic and Republican legislative leaders, was convicted of using staff paid with taxpayer’s money to help in legislative elections.

Jensen’s conviction was overturned by the Court of Appeals on Nov. 8, ruling that the judge in the earlier trial had given the jury incorrect instructions, and Jensen should have been allowed to present certain evidence.

State Attorney General J.B. Van Hollen said in a statement that the Department of Justice considered if the Supreme Court would accept the case and whether or not the Supreme Court would likely reverse the decision of the lower court.

Van Hollen said Dane County District Attorney Brian Blanchard, the lead prosecutor in the trial, was consulted before the decision to not appeal was made.

Blanchard said in a statement that he agreed with Van Hollen’s decision.

“One important consideration is what route will allow for the speediest final resolution of this case,” Blanchard said. “Given the new court of appeals decision, I concur with the Attorney General’s decision and I expect to be asking the trial court to schedule a retrial at the earliest opportunity.”




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