Chvala lawyers to skip preliminary court hearing
10:27 AM 2/06/03
Phil Brinkman State government reporter

State Sen. Chuck Chvala has opted to forego a potentially grueling preliminary court hearing next week that could have given his lawyer an advance look at the evidence prosecutors plan to marshal against him in any future trial.

The former Senate majority leader, charged with 19 felonies including extortion and misconduct in office, is waiving the procedure for reasons "discussed between Sen. Chvala and this office," his attorney, James A. Olson said Thursday.

Dane County Circuit Judge Daniel Moeser said a short hearing to let Chvala formally waive the procedure has been tentatively scheduled for 10 a.m. today.

Judges use preliminary hearings to determine whether there is enough evidence against someone to proceed to trial. Skipping it has the same effect as a judge finding the case should continue.

Waiving the hearing is common in criminal cases, since the procedure is largely a restatement of what's contained in the criminal complaint and defense attorneys are limited in what statements or evidence they can challenge.

The hearing can also be costly for defendants, whose attorneys must spend several hours preparing and arguing in court. In high-profile cases, they can further expose defendants to extensive media coverage.

But they also give the defense a glimpse at the arguments and witnesses prosecutors plan to present.

Chvala's trial date will be set when he is arraigned. That hearing has not yet been scheduled.