Kelly Rindfleisch, former top aide to former Milwaukee County Executive (now Wisconsin Governor) Scott Walker (R-MoneyBuysElections), had the appeal of her felony conviction for misconduct in office (using government facilities and time for campaign work)
rejected by a state Appeals Court.
Rindfleisch was sentenced to six months in jail and three years of probation after she pleaded guilty in 2012 to one felony count of misconduct in office for doing campaign work at her government job.
Despite her guilty plea, Rindfleisch under state law was allowed to appeal her conviction based on the scope of the search warrants used against her. She argued her conviction should be thrown out because the search warrants were so broad as to be unconstitutional.
The appeal of her conviction enabled the first public release of documents in the original John Doe Probe of activities in Scott Walkers Milwaukee County office. Those documents showed widespread corruption, a laser-like focus on Walkers campaign for Governor, coordination of activities and statements with Walkers campaign organization, the systematic circumvention of the law requiring document archiving by the use of an illegal wireless router and private email accounts, and official offices and staff being used for fundraising, blogging pro-Walker pieces on news sites with multiple accounts, and campaigning while work was supposed to be done for the County.
While Walker was never charged despite what we now know was his own extensive use of a private email account and a secret router just feet from his desk, 6 of his aides or associates were charged and convicted or plea bargained. Documents were discovered by using subpoenas in the probe allowing the seizure the personal computers of Walker aides and recovering them from there.
"Rindfleisch has failed to present any evidence at any time during these proceedings that tends to suggest that her Fourth Amendment rights were violated by the seizure authorized in these warrants," the decision reads.
The decision is
available here (warning: large .pdf file).
The next step will likely be an appeal to the Wisconsin State Supreme Court which has a Republican majority and is well known for making blatantly partisan decisions.
We should all thank Kelly Rindfleisch for trying so hard to stay out of prison. It was her appeal that led to the first release of John Doe I documents and the unveiling of what was really going on in Scott Walkers office as County Executive. It has led to the ongoing release of documents which clearly demonstrate the lengths that Walker will go to further his political ambitions.
The documents show Walkers focus on his run for Governor, his micromanagement of activities and the extent he would go to further his career.
Among the most damning:
After a teenager was fatally injured when a piece of concrete fell from a poorly-maintained County-owned parking garage where similar problems were well known, Walkers own emails showed him concerned about keeping the story out of the news and silencing the victims family as much as possible. Why? Because the Gubernatorial Election was very close and Walker was running for Governor.
And then there were the staff emails about the death of a patient in the underfunded and understaffed Milwaukee County Mental Health Complex where a top aide discounted the news having an impact on voters in the upcoming election because "nobody cares about the crazies".
And Walkers' own email in the aftermath of news about the campaign and blogging done by his staff on taxpayer time using a secret router that showed him only concerned about bad press and not about the misuse of taxpayer resources and County time not spent on public business.
"We cannot afford another story like this one. No one can give them any reason to do another story. That means no laptops, no websites, no time away during the work day etc."
Naturally, Walker claimed ignorance of the secret router and activities of his staff, but that email, sent on his private account, seems to say otherwise.
So, thank you, Kelly Rindfleisch, for your part in getting so much information about your old boss out to the public. I'm pretty sure the partisan majority on the State Supreme Court will do their utmost to reward you for all of your service by keeping your butt out of prison.
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