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Immunity granted to 10 in probe of caucuses
9:16 PM
11/21/01
Phil Brinkman State government reporter
Prosecutors have granted immunity to 10 current or former state employees, including the chief fund-raiser for Senate Democrats, called to testify about possible illegal campaign activity by the legislative caucuses.
The immunity grants, issued as part of a secret court proceeding in Dane County Circuit Court known as a "John Doe" hearing, are intended to elicit information that may be used to prosecute others.
In exchange for the state agreeing not to prosecute them, the 10 are required to answer questions or risk facing up to a year in jail.
The individuals include five current or former employees of the Senate Democratic Caucus, four from the Assembly Republican Caucus and one from the Assembly Democratic Caucus.
Because of the secrecy surrounding John Doe investigations - none of the parties involved can even acknowledge the existence of the probe - nothing could be learned about what the 10 said or why they were granted immunity. The orders were entered from Sept. 7 through Nov. 8.
Presumably, however, prosecutors are using the move to question the staffers about whether they were ordered by their superiors to campaign on state time or with state resources, which could violate state ethics and campaign finance laws.
Prosecutors are also looking into whether members of the Assembly Republican Caucus intentionally destroyed campaign documents in order to avoid disclosing them in response to a request from the Wisconsin State Journal.
While John Doe proceedings themselves are secret, hearings to grant witnesses immunity must be held in open court. Accordingly, the State Journal was able to obtain the names of the individuals released from prosecution.
They include former Senate Democratic Caucus member Michelle McGrorty, hired in April to a $40,500-a-year job as executive assistant to the Senate Democratic Caucus. A leaked lobbyist's memo last May said Senate Majority Leader Chuck Chvala, D-Madison, had hired McGrorty as a full-time fund-raiser for Senate Democrats.
Chvala's spokesman said at the time that the memo was inaccurate and that any fund raising McGrorty did for the party she did in her spare time.
Others granted immunity are:
-From the Senate Democratic Caucus: Nancy Gaulrapp, Carrie Lynch, Andrew Engel and Branda Weix. The caucus is led by Chvala.
-From the Assembly Republican Caucus: senior analyst and computer expert Kathy Nicholaus; former graphic artist Eric Grant and current graphic artist Kacy Hack; and analyst Melanie Hartsough. The caucus is led by Assembly Speaker Scott Jensen, R-Waukesha.
-From the Assembly Democratic Caucus: administrative assistant Susan Egger. The caucus is led by Assembly Minority Leader Spencer Black, D-Madison, who took over leadership of the caucus on May 1 from Rep. Shirley Krug, D-Milwaukee.
In a series of stories beginning last May, the State Journal detailed several ways in which legislative leaders employed caucus staff to help candidates campaign, including using graphic artists to create campaign literature. Computer experts were used to help candidates compile lists of likely voters to contact.
As a result, the Legislature agreed last month to dismantle the caucus offices as of Jan. 1. Dane County District Attorney Brian Blanchard continues to look into allegations of past behavior by three of the caucuses, however.
Milwaukee County District Attorney E. Michael McCann is investigating anything to do with the Senate Democratic Caucus, after Blanchard revealed he unwittingly received campaign help from that caucus.
Significantly, the list of immunity grants included none of the current or former directors of any of the four caucuses. Nor is there any evidence members of the Senate Republican Caucus, headed by Senate Minority Leader Mary Panzer, R-West Bend, were either subpoenaed or granted immunity.
But that doesn't mean they or others haven't been given similar promises.
While he declined to comment on the investigation, Blanchard said John Doe hearings typically include informal assurances to some witnesses that they won't be prosecuted.
The list also doesn't include any lobbyists, although several sources have said recently that some lobbyists also have been asked whether legislative leaders ever solicited them for campaign contributions in return for political favors.
Blanchard wouldn't comment on that, but did confirm Wednesday he would like to speak with lobbyists quoted anonymously in press reports, and others.
"Mr. McCann and I are very interested in hearing from anyone right now who has information related to the use of state resources to further private interests or in attempts to extort contributions in exchange for specific official actions," Blanchard said.
"Timing of cooperation with investigators is always highly relevant to the fair resolution of allegations of criminal conduct."
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