An appeals court Thursday overturned last year's conviction of former Assembly Speaker Scott Jensen and his former aide Sherry Schultz, who had been charged with using staff paid with tax dollars to do illegal campaign work.'
Although four other lawmakers were also convicted in the scandal, including both Democrats and Republicans, Jensen was the only one to take the case to court.
Jensen said in a statement that he and his family are thankful for the court's decision.
We are deeply grateful for the steadfast support and prayers we have received from so many people,"" Jensen said, ""We are humbled by all they have done for us.""
The appeals court overturned the ruling on the grounds that Judge Steven Ebert erred in the original case by not instructing the jury to make a decision about the intention of Jensen's actions, according to UW-Madison Political Science Professor Charles Franklin.
According to court documents, Ebert also should have allowed Jensen to testify whether or not he was trying to gain a ""dishonest advantage."" The appeals court asked for a new trial for both Jensen and Schultz.
Franklin said the crime of using staff paid with tax dollars for campaign work that Jensen was charged with was common in the state Legislature before the scandal was made public.
""[It] was occurring on both sides of the aisle,"" Franklin said.
However, according to Franklin, the 2002 scandal has changed the way state politicians handle their campaigns.
""It has certainly changed how carefully the members and the staff are about maintaining a separation between their political work and their state work,"" Franklin said.
Dane County District Attorney Brian Blanchard, who argued for the state in the appeals case, said he believes the new trials for Jensen and Schultz will differ very little from the original.
""If you read the court of appeals decision, it ends up calling for perhaps a little bit more testimony and a different jury instruction,"" Blanchard said.
Franklin agreed, and said the appeals court did not ""open a very wide door"" for much new evidence.
Matt O'Neill, an attorney for Jensen, said he could not disclose his expectations for the case.
