|Photo by Michael Sears - AP|
Courtesy of Wisconsin State Journal
The District Attorney's Office had recommended that Russell receive two years jail time and two years of extended supervision, what they call parole these days.
The Honorable Judge David Hansher chose to step outside the norm and not follow the DA's recommendation. So he sentenced Russell to two years in jail - minus one day for time served - and five years of extended supervision. From the court record, the full decision was:
Defendant Timothy D. Russell in court with attorney Parker Mathers. Bruce J Landgraf appeared for the State of Wisconsin. Sentencing proceeds. No corrections made to PSI report. Statements made by the State, defense and defendant. The Court sentenced defendant to serve a term of IMPRISONMENT in the Wisconsin State Prisons for 7 YEARS. INITIAL CONFINEMENT of 2 YEARS and EXTENDED SUPERVISION of 5 YEARS with the following conditions: -standard rules of probation; -provide DNA sample if one has not previously been provided; -Court waived DNA surcharge; -Court waived all court costs, fees, and surcharges; -defendant MUST pay victim/witness surcharge; -cooperate with the transfer of funds to Alonzo Cudworth American Legion Post 23; -cooperate with signing of all documents related to transfer of funds. Restitution is to be determined at a restitution hearing on 3-21-13 at 8:30 am. Defendant is REMANDED into the custody of the Milwaukee County Sheriff's Department. Credit given for 1 days time served. Court advised defendant on Extended Confinement or "bad time". Defendant is not eligible for Challenge Incarceration Program and/or Earned Release Program. Appeal rights given. Written Explanation of Determinate Sentence and Notice of Right to Seek Postconviction Relief received and filed. Copies given to defendant. -- gmbDepending on exactly how cooperative Russell was, this might be acceptable, although I would have liked to have seen Russell banned from politics for at least the length of time he was on papers.
During the course of his case, Russell played a lot of games with the court. He went through no less than five lawyers, causing a bit of confusion along the way. He also tried to delay the inevitable by using a number of legal maneuvers as stalling techniques.
But what led to the longer than recommended sentence was twofold.
One, Russell refused to take real responsibility for his actions. Instead, he continued to try to rationalize how he got into the position he was in by blaming others:
Hansher also took offense at Russell's statements in a presentence report that the ongoing secret John Doe investigation was politically motivated. Hansher called Reserve Judge Neal Nettesheim, who is overseeing the investigation, one of the most well-respected jurists in the state.
The Court also found that Russell's apology wasn't sincere. In fact, Judge Hansher made it very clear what he thought of Russell's crocodile tears:
"There is absolutely no true regret, remorse or repentance," Hansher said. "I find that you don't even have any shame."Come to think of it, those words could be used to describe any of the Walkergate subjects, including Walker himself.