Jensen & Co. argue for change of venue

--By Gary Fisher:

Attorneys for a Republican lawmaker, two former legislators and a staffer charged with felony misconduct more than three years ago filed a supplemental brief in court Monday supporting their request for a trial venue outside of Dane County.

The brief contains hundreds of examples combed from newspaper articles, news stories, editorial opinions from radio and TV broadcasts and the Internet linking them with convicted felons Chuck Chvala and Brian Burke.

A news spread of the accused pictured with Burke and Chvala under the heading "Can we trust our lawmakers?" along with live broadcasts on the topic in front of the state Capitol would, the defense says, taint any jury.

"The accused in this case have been treated by the media as the 'functional equivalent' of co-defendants of Burke and Chvala," said Jensen's lawyer, Stephen Meyer. . . . "It's a prejudicial problem . . . (a) legally recognized danger of having the jury pool conclude that because Chvala and Burke were guilty so are the accused in this case."

Dane County Circuit Judge Steven Ebert set a Feb. 22 trial date for Rep. Scott Jensen, R-Town of Brookfield, charged in 2002 with three felonies; former Assembly Majority Leader Steve Foti, R-Oconomowoc, charged with one felony; former Foti aide Sherry Schultz, charged with one felony; and former Rep. Bonnie Ladwig, R-Racine, charged with a misdemeanor.

The current and former lawmakers are accused of having legislative staffers campaign for candidates on state time.

Schultz is accused of working on campaigns as a full-time fundraiser while on state time.

Meyer says campaigning and legislating go together and that you can't have one without the other.

Foti's attorney, Franklyn Gimbel; Ladwig's attorney, Mark Nielsen; and Schultz's lawyer Stephen Morgan represent the GOP defendants.