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Rindfleisch's attorney, judge disagree over appeal options
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Candidate
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| Contributor | Penguin |
| Last Edited | Penguin Oct 13, 2012 08:27pm |
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| Category | News |
| News Date | Sunday, October 14, 2012 02:00:00 AM UTC0:0 |
| Description | A decade-old immunity deal Kelly M. Rindfleisch got during the state Capitol caucus scandal could be fair game for an appeal of Rindfleisch's plea-bargain conviction, Rindfleisch's lawyer said Friday.
Rindfleisch, 43, pleaded guilty Thursday to one felony count of doing campaign work while at her taxpayer-paid county job as a staff aide to Gov. Scott Walker in 2010.
Her 2002 immunity deal was a point of contention with Circuit Judge David Hansher at the plea hearing. Hansher said Rindfleisch's old immunity deal could not be the basis for an appeal, contradicting her lawyer Franklyn Gimbel's belief that it could.
"The judge and I don't agree" that Rindfleisch's guilty plea precludes her from renewing her claim that her grant of immunity for her testimony in the caucus scandal extended to her conduct in 2010, Gimbel said in an interview. Hansher also rejected that when Gimbel raised it as a pretrial motion aimed at getting the charges against Rindfleisch dismissed.
Hansher also said he was surprised to see Gimbel bring up the immunity issue as a permissible basis of appealing a voluntary guilty plea when he read it in a Journal Sentinel article on the case that broke on JSOnline late Wednesday. The judge said he consulted with several other judges on the point and they agreed with his interpretation. |
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