Chvala, Jensen and Foti appear in court
10:38 AM 10/24/02
Phil Brinkman State government reporter

In a historic first, three top lawmakers appeared in Dane County Circuit Court Thursday to begin answering to charges in the state Capitol corruption investigation.

The three - former Senate Majority Leader Chuck Chvala, D-Madison; Assembly Majority Leader Steve Foti, R-Oconomowoc; and Assembly Speaker Scott Jensen, R-Waukesha - were charged last week with felonies. Jensen was also charged with a misdemeanor.

A fourth, Assistant Assembly Majority Leader Bonnie Ladwig, R-Mount Pleasant, was charged with a misdemeanor and was not required to make an initial appearance in court. The proceeding is held to set bail and pick a date for a preliminary court hearing.

Former Foti aide Sherry Schultz also made her first appearance on a charge of misconduct in office. Schultz, 50, allegedly worked for 2 years as a full-time campaign fund-raiser for Republican Assembly campaigns while on the state payroll.

Court Commissioner Todd Meurer entered not guilty pleas for Ladwig and Jensen on the misdemeanors. Attorneys for the others asserted their clients' innocence on the other charges Thursday, although formal pleas don't come until later in felony cases.

Chvala, Foti, Jensen and Schultz were all released on their own recognizance after signing $1,000 signature bonds.

Meurer rejected an effort by Milwaukee County Assistant District Attorney Kurt Benkley to include as a condition of Chvala's bail a provision that he have no contact with any of the witnesses named in his criminal complaint.

Chvala, 47, is charged with three counts of extortion for allegedly shaking down lobbyists for cash in exchange for legislation, seven counts of misconduct in office and 10 election law violations. Benkley said he worried Chvala might threaten witnesses.

"Extortion by its very nature is a crime of intimidation," Benkley said. "The complaint is replete with examples of this defendant using his position of authority to intimidate and coerce," Benkley said.

Meurer said the law already forbids defendants from intimidating witnesses.

Chvala declined comment after the brief hearing as he was dogged by a knot of reporters and hecklers, including John "Sly" Sylvester, talk show host for WTDY-AM radio, and radio producer Zach Stoll who asked Chvala to autograph his copy of Madison Magazine. The magazine in its November issue named Chvala its "man of the year."

Only Jensen issued a statement afterward. Jensen, 42, is charged with three counts of misconduct in office and one misdemeanor for allegedly using taxpayer-funded state staff to work full-time on his and others' campaigns.

"We've finally reached a forum where we get to tell our side of the story," Jensen said. "And I am confident that once you hear our side of the story, it will be clear that I am innocent. In the meantime, I humbly ask my constituents to allow me to continue to serve them while I prove my innocence."

When he arrived in court, Chvala shook hands with Foti, but Jensen seemed to ignore him. The two are bitter enemies. "Shake my hand," Chvala said under his breath, to which Jensen indifferently complied.

The preliminary hearing for Foti, Jensen and Schultz is scheduled for Nov. 12 before Judge Daniel Moeser. If the case goes to trial, it will be assigned to Judge Steven Ebert.

Chvala's preliminary hearing was set for the week of Dec. 16, also before Moeser. Judge David Flanagan was picked as the trial judge for that case.

State Journal reporter Ed Treleven contributed to this report.