The attorneys gave notice to Dane County Circuit Judge Steven Ebert during Wednesday's arraignment that they want a jury from outside of Dane County to hear the case when it goes to trial in October.
Although such motions rarely are granted, "there aren't cases like this very often either .
. where you have high-profile people in such a highly publicized case," Foti attorney Franklyn Gimbel said in an interview after the hearing.
In addition to entering not guilty pleas on behalf of their clients, the attorneys for the three and Rep. Bonnie Ladwig also told Ebert they may seek separate trials on charges that they used state employees and resources to run political campaigns and to raise money for campaigns.
The three Republican lawmakers and former aide did win one battle in court Wednesday: pushing back the trial date to Oct. 7 from Ebert's proposal to hear the matter in July.
"The state took 16 to 18 months to investigate my client, and I just think a July trial date is too compressed," said Stephen Meyer, attorney for former Assembly Speaker Jensen, R-Waukesha.
In arguing against a July trial, Meyer and Gimbel said their clients will be very busy until June 30, when the Legislature adjourns. However, Ebert waved that argument aside, noting that many people on trial "continue to work. So I'm not too concerned about that."
The attorneys have until April 7 to file their next motions, including any bids to have the case heard by jurors from outside of Dane County or to try the defendants separately. If granted, the trial or trials could be heard either in Dane County or in another county by a jury comprised of citizens from outside Dane County. However, Ebert would continue to be the trial judge.
Ebert also tentatively set aside two weeks for the trial. However, Schultz's attorney, Stephen Morgan, speculated it could take even longer, noting that the case is based on "30 to 40 witnesses" and boxes of documents.
"I do question whether we will get done in two weeks," Morgan said.
The felony charges against Foti, Jensen and Schultz and the misdemeanor charges against Jensen and Ladwig stem from an ongoing secret "John Doe" investigation by Dane County District Attorney Brian Blanchard into illegal campaigning and fund-raising at the Legislature. The investigation was prompted by a Wisconsin State Journal investigation in May 2001 that revealed the four taxpayer-funded legislative caucuses were operating as secret campaign organizations at a cost of $4 million a year.
Jensen, who resigned as the top Assembly leader when the charges were filed in October, faces three felony counts of misconduct in office for allegedly using state employees to run Republican Assembly campaigns, including his own re-election campaign, Taxpayers for Jensen. One of the counts stems from Jensen's supervision of Schultz, who allegedly worked as a full-time fund-raiser for Republican Assembly candidates.
The Assembly's No. 2 leader, Foti, R-Oconomowoc, was charged with one count of felony misconduct for allegedly hiring Schultz, who earned as much as $65,000 a year, to work as a campaign fund-raiser on his legislative payroll. Schultz, who worked for Foti for two and a half years, also was charged with one count of felony misconduct for the same alleged activity.
Each felony count carries a maximum five years in prison and a $10,000 fine.
Jensen and Ladwig, R-Mount Pleasant, also each were charged with misdemeanors for allegedly using taxpayer-funded staff from Ladwig's office and the Assembly Republican Caucus to handle the finances of the Republican Assembly Campaign Committee, a private campaign organization headed by Jensen. Jensen and Ladwig, the former No. 3 leader in the Assembly, are charged with alleged intentional misuse of their public positions for private benefit, which carries a maximum penalty of one year in jail and a $5,000 fine.