Thursday, December 13, 2007

Judge: Wiretap evidence OK'd for McGee state case

A Milwaukee Circuit Court Judge has ruled that federal wiretap evidence can be used in prosecuting the state case against Milwaukee Ald. Michael McGee Jr.

McGee's lawyer, Glenn Givens, argued today that an affidavit prosecutors used to persuade a federal judge to issue an order permitting a wiretap contained information the FBI agent who submitted it knew, or should have known, was false.

Givens raised questions about the agent not knowing the real name of a key informant and incorrect information listed about officers in a community organization that prosecutors allege McGee threatened to "trash" its headquarters.

But Milwaukee County D.A. John Chisholm said that even if there was false information in the affidavit, it wasn't intentionally placed there by the agent and that the undisputed information in the affidavit was enough to establish probable cause. Chisholm also said that the agent getting names wrong is immaterial.

Judge Dennis P. Moroney said that while Givens may have some valid points, they are ones that should be dealt with at trial in order to question the credibility of the information, not the admissibility of the information itself.

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