Newspaper files to intervene in John Doe appeals case to make records public

Source: Milwaukee Journal SentinelSept.mini storage 27--MADISON -- The Journal Sentinel will move to intervene in the appeal of a former aide to Gov. Scott Walker if anyone attempts to seal records in the case, an attorney for the newspaper wrote in a Friday letter to the Court of Appeals.Appeals Judge Patricia Curley on Wednesday ordered the case file of former Walker assistant Kelly Rindfleisch to be supplemented with emails from her personal computer, a hearing transcript and other records that were sealed as part of a secret investigation of Walker aides, who served under him while he was Milwaukee County executive.On Thursday, court spokesman Tom Sheehan contacted the newspaper on behalf of Curley to note the order "does not address whether such records would be 'released.' "In Friday's letter to the judge, Journal Sentinel attorney Robert Dreps wrote that court records are presumed to be open and can be sealed only in extraordinary circumstances and after a public hearing."This is a criminal case in which a defendant, convicted and sentenced in a public proceeding involving the use of public resources with evidence from public records, has exercised her right to appeal," Dreps wrote. "There is nothing private about it."Rindfleisch was Walker's deputy chief of staff when he was Milwaukee County executive. She was sentenced to six months in jail and three years of probation after she pleaded guilty last year to one felony count of misconduct in office for doing campaign work at her government job.The John Doe investigation by Milwaukee County District Attorney John Chisholm's office led to criminal convictions of six individuals, including three former Walker aides. A John Doe proceeding is Wisconsin's form of a secret judicial investigation of potential crimes or public misconduct and is similar to a儲存federal grand jury investigation.The developments in the Rindfleisch case come a week after the Journal Sentinel filed a motion with John Doe Judge Neal Nettesheim seeking to have county documents and emails seized in the investigation returned to the county and made accessible to the public.As part of her plea deal, Rindfleisch was allowed to appeal her conviction based on the scope of the search warrants used against her. She is arguing her conviction should be thrown out because the search warrants were so broad as to be unconstitutional.Assistant Attorney General Christopher Wren earlier this month told the appeals court it should review an array of documents related to the search warrants to have the full context as it considers Rindfleisch's argument.Rindfleisch did not contest the request and the judge ordered the case file be supplemented with records that include an affidavit for a search warrant of Walker's county office issued the day before he was elected governor. The order also covers emails from Rindfleisch's email account and on her personal computer that likely include exchanges with Walker or his top aides.Steven Means, the executive assistant to Attorney General J.B. Van Hollen, said this week the Department of Justice would not seek to seal the records. But Means said he expected Rindfleisch would file such a motion and the department would then decide whether to support it, oppose it or remain indifferent to it.Rindfleisch's attorney, Franklyn Gimbel, said this week he had not decided whether to seek to seal the records. He did not immediately respond to a request for comment Friday.Twitter: twitter.com/patrickdmarleyCopyright: ___ (c)2013 the Milwaukee Journal Sentinel Visit the Milwaukee Journal Sentinel at .jsonline.com Distributed by MCT Information Services迷你倉