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Jensen Trial: Jury Deliberations Continue

Trial Began Three Weeks Ago

Updated: 3:54 pm CST March 11, 2006

Jurors in state Rep. Scott Jensen's misconduct trial deliberated all day on Friday without reaching a verdict.

The jury broke twice during the day to ask Judge Steve Ebert for advice on the law.

They are trying to decide if Jensen, R-Waukesha, used his former position as Assembly speaker to build an illegal, taxpayer-funded campaign machine at the state Capitol. They also are deciding the fate of former Republican aide Sherry Schultz, who also faces a misconduct charge.

The jury had deliberated for about two hours on Thursday evening after getting the case. Deliberations resumed Friday morning and are continuing.

The two technical questions that the jurors asked of the judge on Friday afternoon involved whether or not performing an act can amount to guilt and whether hiring someone and directing the hiring are the same under state law.

The judge directed them back to the instructions that he gave them on Thursday. He said that they have to find the answers in the evidence presented during the nearly three weeks of testimony.

In closing arguments on Thursday, Dane County District Attorney Brian Blanchard and Jensen defense attorney Stephen Meyer traded wildly different conclusions of the evidence and testimony brought forth.

Prosecutors claimed Jensen spent almost four years violating his duty to campaign honestly, using state workers as campaign operatives so he could save money for a run for governor and gain a cheap edge over political opponents.

Defense lawyer Stephen Meyer told jurors the line between state work and campaign activity is blurry. Meyer painted Jensen as a trustworthy politician who was trying to reform the system when prosecutors put "a target on his back" and charged him.

Schultz's attorney, Stephen Morgan, admitted that she did campaign finance work and fundraising on state time but said that it wasn't as much as alleged by prosecutors. He said that the state hasn't proved that she tried to get a dishonest advantage -- a key element in deciding the case.

Jensen faces three felonies and a misdemeanor. The misdemeanor charge relates to hiring Schultz to work solely on Republican campaigns. Schultz is charged with one felony count.

If convicted on all four counts, Jensen could be sentenced to 16 years in prison. If Schultz is found guilty, she might be sentenced to five years, WISC-TV reported.

The strategy of Jensen's defense team during the trial has been 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.

He 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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