Wisconsin
Related: About this forumKelly Rindfleisch Intends to Renege on Plea Bargain
http://bloggingblue.com/2012/10/13/kelly-rindfleisch-intends-to-renege-on-plea-bargain/Kelly Rindfleisch pleaded guilty to one count of doing campaign work while working from her county office as an aide for then County Executive Walker. Within twenty four hours her attorney is making noises about appealing the conviction and applying her 2002 immunity deal to her 2010 activities. The original Milwaukee Journal Sentinel article can be found here and Cappers Cognitive Dissonance article here.
Now, why would you cop a plea if you thought you had any legal recourse in a court of law? Isnt the point of a plea bargain to minimize your punishment and get on with your life for something that is indefensible or where the evidence is overwhelming and you stand not a chance? If you think you can win on appeal, why wouldnt you roll the dice in court and then appeal when you lose? Or on appeal, is the only crime reviewable the one where you admitted guilt? It seems to me that pleading guilty should pretty much preclude the ability to appeal.
HereSince1628
(36,063 posts)Daemonaquila
(1,712 posts)Not at all. A lot of people will plead because (a) they don't have the money to fight, (b) don't have the money to fight EFFECTIVELY, (c) don't think that, innocent or guilty, they stand much of a chance given politics/bias/state power, (d) it's an easy deal compared to what they might get and it's not worth taking the risk, or (e) about a million other reasons. Also, if she had an immunity deal that might apply, whether or not she's guilty or why she pleaded guilty are immaterial - you still go for the "get out of jail free" card you bargained for and see if you can make it stick for the later charges. It's called good lawyering.
mojowork_n
(2,354 posts)"Good lawyering," I mean.
It's almost as ironic as that other oxymoron, "good war."
http://www.oldielyrics.com/lyrics/edwin_starr/war.html
Good for some, good for a few, maybe even 'good' for a large majority, but not really "Good." Or to be confused (in sooo many cases) with "Just."
...But seriously, I'm hoping the prosecution has a few competent attorneys, on staff, as well. So they can make a convincing case that, in fact, the 2002 deal and what she just pleaded guilty to were unrelated to the earlier deal. (Or, to the contrary, that having a prior bad record shouldn't lead to a "get out of jail" free card, when she had very good reason to know that repeating a similar mistake twice looks doubly bad when you do it again. And the biggest difference is that the second time, they all made a much greater effort to keep what they were doing secret.)
Here's the link to a quick summary of what she was involved with:
http://www.wisdems.org/case-files/kelly-rindfleisch
...one of Scott Walker's chief fundraisers for his 2012 reelection campaign. In 2010, Ms. Rindfleisch was Scott Walker's Deputy Chief of Staff, during which she sent more than 1,000 campaign emails while supposedly working on the clock for taxpayers using a "secret email network" for Scott Walker insiders.
The alleged illegal activity by Ms. Rindfleisch's took place during her time as Deputy Chief of Staff. Her office was only 25 feet down from Scott Walker's.
Ms. Rindfleisch was hired to Scott Walker's administration as a policy advisor despite Tom Nardelli, Scott Walker's Chief of Staff, claiming he was unaware of her hiring. If Tom Nardelli didn't hire Ms. Rindfleisch, who did?
Information detailed in the criminal complaint reveals that Rindfleisch was tasked with doing policy work for Walkers campaign and took her orders and received her assignments from Tim Russell, a longtime political adviser to Scott Walker....
According to the link in the O.P., the judge was openly critical of the "earlier immunity" line of reasoning. Plus, that whole "secret email network" thing, the mysterious circumstances of her hiring, plus the tie to another two-time loser, Tim Russell -- he got into trouble in the early or mid 90's, for some sort of financial chicanery, and Walker re-hired him anyway -- it all seems to add up to a much bigger mess than the R's are willing to admit. So they're doing anything they can to keep it from dirtying Walker. Invoking Rindfleisch's earlier 'service' to the cause of Justice only makes sense, seen in that light.
But here, that could turn out to be the biggest oxymoron of all, if the D.A. makes a strong enough contrast between what was going on 25 feet from Walker's office, and preserving clean government.
Edit to add links:
http://host.madison.com/news/local/govt-and-politics/former-top-walker-aide-russell-had-previously-been-fired-for/article_b1f54be4-4b8b-11e1-8afe-001871e3ce6c.html
I had to look it up. Russell was previously fired from another government job, for "gross misconduct" and "misuse of public funds." He did it again when his fingers got caught in a military veterans' charity cookie jar.
http://www.wisdems.org/case-files/tim-russell
shraby
(21,946 posts)to her 2010 activities..because they are two different cases. I remember reading about it.
mysuzuki2
(3,521 posts)was the result of pressure from Walker to take a plea so he could avoid testifying.