As the regular readers (all 4.3 of them) already knows, Tim Russell's defense attorney, Dennis Krueger, had filed two motions, one to dismiss the case outright, and failing that, to suppress the evidence against his client. I thought the chances of these to succeed were laughable.
I found them even more laughable after Assistant District Attorney filed his responses to Russell's motions.
And, of course, I was correct.
The Honorable David Hansher found the defense's motions to be without merit and dismissed them.
The next official event will be on September 1, 2012, when both the state and the defense present their proposed questions and proposed instructions for the jury. The actual jury trial is scheduled for September 10.
Judge Hansher also ordered the prosecutors and Attorney Krueger to meet in the near future to have a discussion on whether a long laundry list of things taken from Russell, including 16 computers, an iPhone, financial records for the Republican Party of Milwaukee County (Russell was their treasurer), and assorted documents dealing with Operation Freedom as well as emails from John Hiller and Jim Villa (This is important! Remember this!).
Steve Schultze, who covered the hearing for the Milwaukee Journal Sentinel, gave the story his usual level of incompetence and misleading reporting. From Schultze's original report:
In an unusual twist, prosecutors disclosed that Michael Maistelman, Russell's original lawyer in the case, was "a person of interest" in connection with the John Doe investigation. The judge did not clarify why Maistelman was a focus of that investigation, which began more than two years ago and has been broadened at least seven times.
The judge has ordered that documents filed on the Maistelman matter be kept secret.
The issue came up because Russell's current attorney, Dennis Krueger, is Maistelman's law partner. That raised a question of whether Krueger had a potential conflict of interest in representing Russell, Hansher said. Russell said he was satisfied with keeping Krueger on his case.
Maistelman leaked information about the investigation to radio talk show host Charlie Sykes, according to a court filing by Landgraf last month. Maistelman tipped off Sykes in January that two other Walker aides at the county - Darlene Wink and Kelly Rindfleisch - would be charged in the John Doe investigation, Landgraf wrote.
Wink and Rindfleisch were charged four days later with doing campaign work while on their county jobs.
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| Attorney Michael Maistelman |
Indeed, by the time I got online and pulled up the story, I see that Schultze had to correct his story by adding these lines (emphasis mine):
District Attorney John Chisholm said Maistelman was not a target of the investigation. Chisholm said he couldn't reveal the reason prosecutors had an interest in Maistelman.Sadly, some wannabe citizen reporters didn't get the message. Sites like "Voices Newspaper Blog" took Schultze's misreporting of the facts and actually found a way to make it look even worse.
Maistelman said: "A person of interest is someone who may have information related to any investigation."
As Schultze was forced to correct his report, Maistelman is NOT a target. Got it?
And he is not a leak. There are no leaks in this investigation.
The email to Sykes was to tweak his nose. And the information in it, such as the fact the Kelly Rindfleisch was up to her armpits in the corruption, had already been reported by yours truly - five days before her arrest and the day before Maistelman's email.
And what information came from Maistelman or Krueger where done with Russell's blessings. Most likely, it was in an effort to get the heat off of him as well as to stick it to Scott Walker, who left Russell to twist in the wind.
So why would Maistelman be labelled a "person of interest?"
Well, gentle reader, I'm glad you asked.
As District Attorney Chisholm pointed out, Maistelman is not a target. The only remaining reason for him to be a person of interest is that the DA believes that Maistelman might have some information to an ongoing aspect of the investigation.
And we already have a few clues on what that area of the investigation is.
Throughout Russell's trial, there have been a few mentions that Maistelman might have an unwaiverable conflict of interest. I hadn't written about this before now because I couldn't imagine what it might have been about. I think I do now have an idea on why the court kept saying this.
Two months ago, we learned of a most curious immunity which was given to Attorney David Halbrooks. At the time, I wrote this:
That said, because of his vast experience and storied past, he was/is a bit of a mover and shaker. He was appointed to the Milwaukee 7, a group consisting of civic leaders, business people and politicians whose mission is to draw businesses to Southeastern Wisconsin. And some of the board members that Halbrooks worked with include Michael Grebe, Walker's campaign chair; Republican money man Jim Kreuser; and someone named Scott Walker.I also noted that Halbrooks was "Of Counsel" to Maistelman's law firm, which means that while he was not working for Maistelman, he would, at times, collaborate with Maistelman on a case.
A more tangential connection is that he apparently had the support of realtors. We all know that the realtors were in deep with Walker and a shady deal regarding the renting of a section of the Reuss Federal Building has been reported as being part of the Walkergate investigation.
Without further information, it is impossible to know with any certainty how Halbrooks is involved with Walkergate. It could be the land deal. It could be another part of it. It could be something altogether new.
I have also learned since that article two months ago that one of Halbrooks' clients was John Hiller, who is a realtor and was Walker's campaign treasurer for 18 years. In fact, Halbrooks and the realtors guild were apparently very close since they would hold fundraisers for him when he was a judge. Hiller is also a name which has surfaced in the Walkergate investigation for his role in the reported pay for play bid-rigging regarding the housing for the Milwaukee County Department of Aging
Seeing how the DA gave Halbrooks immunity, it would not be a jump of faith to believe that he had information regarding this sordid affair which might have incriminated him in some fashion. The most logical presumption is that Halbrooks has some knowledge, having worked for Hiller, of some of Hiller's possible illegal dealings. And since Halbrooks has worked with Maistelman, there is a strong chance that Halbrooks gave the DA a reason to believe that Maistelman might have further information regarding all of this.In other words, as opposed to what Steve Schultze or that Voices blog might want you to believe, Maistelman is not in cahoots with Walker or his gang of thugs. If anything, he might now play a role in taking them down.
What all of this also tells us is that the Walkergate investigation is far from over and that the stuff that we have seen so far is nothing more than just the tip of the iceberg.
Whenever they do get around to indicting Scott Walker, it looks like they'll have him trussed up like a Christmas goose.


