Tuesday, February 06, 2007

Prosecutors: Jensen Received Fair Trial

Former GOP Assembly Speaker Scott Jensen received a fair trial and any errors in jury instructions were not serious enough to warrant a new one, prosecutors argued in a reply brief filed late yesterday afternoon.

Jensen's attorneys will respond to the brief within 14 days of their receipt of the filing. The Appeals Court will then decide to hear oral arguments, or take up the case based on the filings and history. A decision could take one to six months.

Prosecutors also argued Jensen would have been convicted of felony misconduct in office even if a Dane County judge had allowed jurors to hear evidence to support the former Republican lawmaker's contention that he was just following precedent in overseeing state employees doing campaign work on state time and that Democrats were doing the same thing.

Jensen cited those issues and others in appealing his 2006 conviction. He argues the jury instructions were fundamentally flawed and that the judge overseeing his case unfairly prevented him from presenting a full defense to the jurors.

Prosecutors argued today the jury was properly instructed and any exclusion of evidence did not violate Jensen's right to present a defense.

*See the state's response:
http://www.wispolitics.com/1006/070206ResponseToJensen.pdf

*See Jensen's appeal:
http://www.wispolitics.com/1006/061127JensenAppeal.pdf

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Greg Bump
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