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Jensen Trial: Closing Arguments Finishing Up Thursday Afternoon

Misconduct Trial In Its Third Week

Updated: 5:06 pm CST March 9, 2006

Closing arguments finishing up Thursday afternoon in state Rep. Scott Jensen's misconduct trial.

Testimony wound down in the case on Wednesday, when most witnesses focused on Jensen's co-defendant, former Republican aide Sherry Schultz.

Jensen, R-Waukesha, and Schultz are accused of violating a law that bans campaign work on state time. Prosecutors allege that he managed a secret campaign machine using state resources at the Capitol.

A former state worker testified Thursday morning that he created software to track campaign finance reports at the request of Jensen's chief of staff.

Paul Tessmer, who is a former Assembly Republican Caucus employee, was the last witness to take the stand in the trial.

Tessmer said that he did most of the work on the software program while he was on vacation, but he also did some of it at the caucus' state office.

He said that Jensen's then chief-of-staff Brett Healy asked him if it were possible to create such a software program, and Tessmer took the request not as an order but as a professional challenge.

Prosecutors argued on Wednesday that Schultz tracked the finances of Republican candidates and solicited contributions for them -- then updated Jensen on her progress.

Schultz's attorney, Stephen Morgan, said that Schultz didn't actually make fundraising calls for candidates. Rep. Steve Kestell was called to the stand and testified that Schultz helped him fill out campaign finance reports, but never helped him raise money.

Sharon Bartels, of Platteville, testified that Schultz also helped her fill out campaign finance reports while Bartels was campaign treasurer for Rep. Gabe Loeffelholz.

Earlier Wednesday, Judge Steven Ebert rejected a mistrial motion from Jensen's attorney, who argued that Jensen's obstructed view of the witness stand denied Jensen's right to confront his accusers.

Ebert's bench slightly obscures the witness stand from the defense table.

Defense attorney Stephen Meyer apologized for bringing up the issue more than two weeks into the trial, but Meyer told the judge it was his duty to do so.

District Attorney Brian Blanchard argued the witnesses could in fact see Jensen.

Ebert ruled the right to confrontation is broader than looking someone in the eye. The judge said that Meyer has been able to strenuously cross-examine the witnesses.

The trial in Dane County Circuit Court is in its third week. The case could go to the jury as soon as Thursday.

Jensen took the stand on his own behalf on Tuesday, testifying for about six hours, WISC-TV reported. He said that it had been a longstanding tradition for legislative employees to work on campaigns.

Jensen said that he didn't know the campaign activity was going on in his office, but said that he did know about activities in the Assembly Republican Caucus. He said that he thought this was OK because of the way it was explained to him when he was working in the caucus in the 1980s. He said he thought it was fine so long as the printing costs weren't paid by taxpayers.

"We thought we were following the rules the way they've always been," Jensen said. "We didn't see a state resources being consumed."

Jensen faces three felonies for allegedly using his position to direct state-paid staffers to work on campaigns. He's also charged with a misdemeanor, accused of hiring Schultz to work solely on Republican campaigns.

Schultz is charged with one felony count.

The strategy of Jensen's defense team appears to be that he wasn't aware of what his employees were up to and that the line between campaign activity and state policy work is sometimes vague.

Jensen was once one of the most powerful lawmakers in Wisconsin with aspirations of running for governor. Jensen stepped down as Assembly speaker after he was charged.

Jensen is the last of five lawmakers who were charged in 2002 after media reports detailed similar allegations.

The other four legislators -- fellow ex-Republican Reps. Steve Foti and Bonnie Ladwig and former Democratic Sens. Brian Burke and Chuck Chvala -- all struck plea agreements with prosecutors to avoid trials.

Burke and Chvala were sentenced to jail time. Former Assistant Assembly Majority Leader Ladwig is expected to pay $4,500 in fines and restitution, WISC-TV reported.

Foti's deal with prosecutors entailed his pleading to a misdemeanor and the state recommending just 30 days in jail. He has already started a successful career as a lobbyist, WISC-TV reported.

NOTE: WISC-TV's Colin Benedict provides behind-the-scenes coverage of the Jensen trial in his new blog

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