Monday, November 28, 2005

Burke Sentence: Prosecution Wants 6 Months in Jail; Defense Favors Restitution and Home Confinement

Court filings in the case of former Sen. Brian Burke show the prosecution, led by Dane County DA Brian Blanchard, is asking for roughly $88,000 in restitution, six months in jail and two years on probation for Burke. Burke is due to be sentenced by Dane County Judge William Foust on Wednesday.

"The defendant's unlawful conduct was planned and calculated, as described in the Criminal Complaint. These multiple decisions reflect a high degree of culpability. ... It was evident that the defendant considered himself beyond the reach of the law because he occupied a position of great authority in state government. Intentionally turning public funds into campaign cash is no different from other forms of embezzlement, and worse than some because of the abuse of public trust," reads one part of the prosecution's sentencing filing.

See the prosecution's recommendations

The defense is arguing for two years of probation, restitution, community service and home confinement in lieu of jail time.

"Those who believe Brian should serve time in jail fail to realize he already has been severely punished over the past three years and will endure the consequences of his offense conduct for many years," reads a recent defense filing.

See the executive summary of the defense recommendations

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