Friday, October 12, 2012

Walker's BFF Kelly Rindfleisch Has a Squirrelly Attorney. Weaseling Out of Plea Deal?

Today we learned they're still trying to weaselin' -- as we have noted, Kelly Rindfleisch's attorney Franklyn Gimbel has filed a number of merit-less motions to dismiss, suppress, and delay Wisconsin's Deciever-in-Chief Gov. Scott "John Doe" Walker's BFF's trial on 4 felonies committed within 25 feet of Walker's executive office in Milwaukee County.

Rindfleisch tried to weasel out of her responsibilities in a pretty sweet plea agreement by initially entering a "no contest" plea that Judge David Hansher immediately swatted down.  Now it appears her attorney is trying to weasel out of the plea bargain as well.


This, in itself, demonstrated Rindfleisch's contempt for the rule of law and the break she was granted by not being tried on all 4 felony counts -- prosecutors have publicly stated they have evidence to up those charges to 12.

Capper, at Cognitive Dissonance, reports that there are other reasons to believe she has already broken that plea deal which contains language that specifically require her to not participate in other criminality.   It appears that Rindfleisch was involved with a business with ties to the state's largest no-call violator -- oh oh!

But today, Franklyn Gimbel proclaimed that his "perpetual immunity" request that Rindfleisch was granted a lifetime of immunity to steal from taxpayers doing partisan campaign work on the public's dime is still valid and earlier rulings to dismiss this nonsense will be challenged -- this despite a statement by Judge Hansher at the time of the plea that a voluntary "guilty" plea would render lifetime immunity claims moot.

Milwaukee Journal Sentinel reports:
"The judge and I don't agree" that Rindfleisch's guilty plea precludes her from renewing her claim that her grant of immunity for her testimony in the caucus scandal extended to her conduct in 2010, Gimbel said in an interview.  Hansher also rejected that when Gimbel raised it as a pretrial motion aimed at getting the charges against Rindfleisch dismissed.

Hansher also said he was surprised to see Gimbel bring up the immunity issue as a permissible basis of appealing a voluntary guilty plea when he read it in a Journal Sentinel article on the case that broke on JSOnline late Wednesday.  The judge said he consulted with several other judges on the point and they agreed with his interpretation.

"It's the court's view that (appeal) right would be extinguished" by her guilty plea, Hansher said in court Thursday.
MJS gives no indication if they tried to reach the prosecutor's office for comment -- it is not known if there are any indications from the DA that Rindfleisch may have put her deal in jeopardy because of violating conditions of the agreement.

Rindfleisch's sentencing was post-phoned until after the fall election, November 19, 2012 -- perhaps there will be about this at that time.

Hudson Star Reporter is publishing that the prosectuion states that Rindfleisch's case wan't about Walker:
Prosecutor Bruce Landgraf won’t say whether Walker’s possible testimony was a factor in settling Kelly Rindfleisch’s felony misconduct case before a trial could begin on Monday. But Landgraf said: “This case was never about Governor Scott Walker. It was always about Kelly Rindfleisch.”

As part of her plea agreement, she will have to help prosecutors in their ongoing John Doe investigation. Landgraf says Rindfleisch might be called as a witness against former Walker official Tim Russell, who’s charged with embezzling $21,000 from a county program that recognizes veterans. That trial is due to begin Dec. 3.
To some, it appears that Kelly Rindfleisch got off too easy, but this is a complex and convoluted case.  Franklyn Gimbel is doing his part to ensure it remains to.  

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