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Appeals court denies motion to dismiss charges in John Doe investigation

By: Amy Karon, [email protected]//September 11, 2012//

Appeals court denies motion to dismiss charges in John Doe investigation

By: Amy Karon, [email protected]//September 11, 2012//

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The felony misconduct case against Kelly Rindfleisch advanced Tuesday when a District I Appeals Court denied her motion to dismiss charges.

“Upon review of the petition, response, and the circuit court order, this court concludes that the petition fails to satisfy the criteria for permissive appeal,” wrote court clerk Diane Fremgen.

The order is the latest development in cases resulting from a John Doe investigation of six people, including former Milwaukee County aides Rindfleisch, Darlene Wink and Tim Russell. Wisconsin Gov. Scott Walker has not been charged.

Rindfleisch, 43, raised money for Republican lieutenant governor candidate Brett Davis when she served as deputy chief of staff for Walker when he was the Milwaukee County executive. Prosecutors allege Rindfleisch illegally sent hundreds of campaign emails from a secret wireless system while clocking hours in her government job.

In March, she pleaded not guilty to four counts of misconduct in office, a class I felony. If found guilty, she could face a maximum combined penalty of six years imprisonment and a $40,000 fine.

Defense attorney Frank Gimbel had filed motions that the charges against Rindfleisch be dismissed and that prosecutors be stopped from bringing new ones. He said the criminal complaint against Rindfleish improperly referred to testimony she gave under immunity during a 2002 investigation at the state Capitol, and that prosecutors invaded her privacy by using an overly broad warrant to search all emails sent from her personal email accounts during a two-year period.

But Circuit Charge Judge David Hansher twice denied her motion to have the charges dismissed, finding that the 2002 immunity deal did not protect her against future criminal charges.

Rindfleisch’s trial is scheduled to start Oct. 15.

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