Wednesday, January 11, 2006

Blanchard Asks Judge to Clarify Sentence

Dane County D.A. Brian Blanchard asked Dane County Judge Bill Foust today to clarify his punishment of former Sen. Brian Burke and to send Burke to jail for the rest of his sentence.

Burke pleaded guilty to one felony count of misconduct in office and one misdemeanor count of obstructing an officer. In November, Foust handed Burke a six-month sentence, which the Democrat is currently serving in home confinement as allowed by the Milwaukee House of Corrections.

That doesn't jibe with Blanchard's interpretation of Foust's order. "For the reasons stated by court on the record at the time of the defendant's sentencing, the court elected to impose, as part of the sentence, a straight jail sentence of six months in this case. The state submits that the court was clear in stating on the record at the time of sentencing that it viewed actual confinement for the defendant to be a necessary component of the sentence, rejecting the defendant's explicit request for a recommendation of home detention," reads the document from Blanchard.

Blanchard proposes the court give Burke's defense five days to answer his request.

See the motion: http://www.wispolitics.com/index.iml?Article=52413

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