Wednesday, September 5, 2012

Walkergate: Russell Goes For Broke

On August 16, Tim Russell last appeared in front of the Honorable David Hansher.

At that hearing, we learned that Parker c. Mathers, Russell's fifth attorney, was appointed to him through the Public Defender's office. I opined at the time that this meant that Russell was broke. I further pointed out that not only was Russell facing some serious time if convicted on the current embezzlement charges, but that he was also under investigation for other aspects of Walkergate, including misconduct in public office, à la Kelly Rindfleisch.

It appears that I was wrong, after all, and that Russell is going for broke on fighting the charges.

If the gentle reader will recall, Russell's previous attorney, Dennis Krueger, was playing a lot of games and trying the patience of both Judge Hansher and of the prosecutor, Bruce Landgraf. Krueger pushed things so far that Landgraf had taken the possibility of a plea bargain off the table.

At the hearing three weeks ago, Judge Hansher made it perfectly clear that he was tired of all of Russell's game-playing and stall tactics:
This fact is even recognized by the Honorable David Hansher, the judge presiding over the case, who allowed for this window as well as gave Attorney Mathers some hard advise:
Hansher said Thursday Mathers would have until Aug. 31 to seek to file any new motions in the case. Hansher warned Mathers that there had already been “tons of motions filed, some by (Russell’s) previous counsel that I considered frivolous.”

Hansher told lawyers in Russell’s case they should present any potential plea deal by Nov. 2. Russell’s trial is scheduled to start Dec. 3.
With Judge Hansher getting tired of all the delays in this case, and rightfully so, and a public defender who is a good but pragmatic lawyer, there is a good shot that Russell will be settling for a plea bargain much like Darlene Wink did.

If Russell has any sense of self-preservation and self-respect left, that is exactly what he will do.
Russell and Mathers apparently chose to ignore the Court's directives on both the frivolous motions and the deadlines.

Per court records, Mathers finally filed his motions on Tuesday, September 4, well after the deadline imposed by the Court.

And boy, his motions sure are doozies.

Mathers filed a motion to file a motion to have the district attorney disqualified, to have the charges dismissed and for an "information instanter," which is just an order for the requested information to be produced in a timely fashion.

Unless Mathers has a very compelling reason for asking the DA to be disqualified and all charges to be dropped, I don't believe that Judge Hansher is going to look to kindly on this stunt.

Most likely, Mathers is taking a page from the right wing's attempts to discredit the DA's office and the investigation. The utterly misnamed Citizens for a Responsible Government, who has yet to say a peep about any of Scott Walker's misdeeds, had teamed up with the ambulance chaser, Paul Bucher, to teach people how to undermine justice. The Koch News Network has been conflating every little thing they can to make the investigation to look bad. They've even have gone so far as to stalk staff members of the DA's office. Yet they've never have been able to offer any solid proof, but still throw about their innuendo and false inferences.

Their most recent focus has been on the John Doe case of former Milwaukee County Supervisor Johnny Thomas, who was found not guilty of taking bribes. Even the "serious reporter" John Mercure of WTMJ squawk radio interviewed Thomas and asked all sorts of leading questions, trying to get Thomas to lambaste the DA's office. By the way, Thomas had more class than that and wouldn't give them the soundbite they were hoping for.

Yet they have never once even tried to argue that Russell, Rindfleisch, or even Walker himself is innocent.

The three amigos: Tim Russell, Scott Walker
and Brian Pierick

In sum, the Walkerites are running scared and apparently have reason to believe that indictments are coming soon. In order to get a jump start on this, they have gone on the offensive, injecting smear, innuendo and outright lies to give themselves talking points when Walker is eventually charged. Fortunately, Milwaukee County District Attorney John Chisholm runs a tight ship and has given nothing, not one damn thing, for the squawkers and the propagandists to harp on.

And as noted above, despite their squawking, their propaganda and their shouts into the echo chamber, there has not been one claim of innocence. This is because like you, gentle reader, they know full well that when it comes to Walker and his crew of thugs, there's more. There's always more.

But given that Russell apparently doesn't know when to hold them and when to fold them, we know what we must do:


  1. Dennis Krueger was also my Grandson's attorney at the same time. He was charging time to my Grandson's case while being paid by Fond du lac County DA'a office. Another reason my Grandson got screwed and is in jail.
    AL Campos

    1. Krueger was hired by FdL Cty. DA Dan Kaminsky while Krueger was supposed to be representing Russell. That's why Russell needed a new, fifth attorney.
      It is quite possible your Grandson may have further recourse because our FdL DA has proven to be ethically and legally challenged, driven purely by politics.
      Kaminsky lost his re-election bid on August 14th, the public disgusted with his act, especially after Kaminsky was given the endorsement by J.B. Van Hollen.
      You have to wonder if Kreuger will remain employed in Fond du Lac, especially after August 14th victor Eric Toney based his campaign on getting rid of the corruption of Kaminsky.
      Good luck in your quest for true justice.

  2. Been waiting for another Walkergate post...

    Anywho, here's an updated schedule on the Walker 5:

    Kevin Kavanaugh:
    09-07-2012 - Final Pre-Trial
    10-08-2012 - Jury Trial

    Brian Pierick:
    09-27-2102 - Motion Hearing
    12-03-2012 - Jury Status Hearing
    12-11-2012 - Jury Trial

    Tim Russell:
    10-22-2012 - Final Pre-Trial
    11-02-2012 - Motion Hearing
    12-03-2012 - Jury Trial

    Kelly Rindfleisch
    09-14-2012 - Final Pre-Trial
    10-11-2012 - Hearing
    10-15-2012 - Jury Trial

    Darlene Wink:
    11-21-2012 - Sentencing Hearing

    So, prior to the November election, we'll have the following:
    Kavanaugh's trial, Rindfleisch's trial, Russell's pre-trial and a hearing, and Pierick's hearing.

    I'd imagine the dam will break once Rindfleisch is up to bat.

  3. I'd also like to remind the audience at home that, once Wink is sentenced, she's home free (per her agreement with the DA). As it stands, she is not mandated to testify against Russell or anybody else not yet charged (as those trials would be after her sentencing). For those hoping that she was going to testify against Walker or somebody else in the chain higher than Rindfleisch, it appears that may not be the case.

    Now, her agreement did mention helping on a couple other cases. Does help mean testify? If so, she can not be compelled to do so after 21NOV. They could move her sentencing again, but my god, it will have been about the fifth or sixth time.

    I'd also like to ask the audience if her testimony in the Rindfleisch case can be used again as evidence against others after the fact? I ask as it seems that Walker and Rindfleisch are likely hoping to pin the whole CF on Russell (the man in the middle). If so, and after Wink is sentenced, who else could have gotten a plea deal?

    1. If they have her testimony via taped deposition, they wouldn't need her anymore. But it's not the DA's fault that Rindfleisch and Russell are game playing.

  4. "Now, her agreement did mention helping on a couple other cases. Does help mean testify? If so, she can not be compelled to do so after 21NOV. They could move her sentencing again, but my god, it will have been about the fifth or sixth time."

    IANAL, but couldn't she be required to testify as a material witness?

  5. Just a side note, but that picture above of the "three amigos" is worth a thousand words. I'll keep this short, but look at the way they all have the same haircut. That takes a special mindset. Corporate, arch-capitalists trying to look virtuous to the public.
    Reading Dale Carnegie's "How To Win Friends And Influence People" I'm sure is on their bookshelves, right along with William Whyte's "The Organization Man."
    1950s Cold War classics brought to you 50 years later.