To: JBTFD who wrote (715950 ) 11/30/2005 2:36:07 PM From: Bill Respond to of 769670 Burke sentenced to six months in jail JR ROSS Associated Press MADISON, Wis. - A judge sentenced former state Sen. Brian Burke to six months in jail Wednesday for using his office to run his failed bid for attorney general in 2002, saying the Milwaukee Democrat needed to be punished for stealing from taxpayers. Dane County Circuit Judge William Foust rejected Burke's request to be spared jail time for his guilty pleas on felony misconduct in office and a misdemeanor count of obstruction for refusing to turn over a document to investigators. Instead, he said a message needed to be sent to other public officials that abusing the public trust has serious consequences. Burke, once one of the most powerful lawmakers in Wisconsin, also was ordered to pay more than $85,000 in restitution to the state to compensate taxpayers for using state resources to run his campaign. "You stole money from the taxpayers of Wisconsin to fund your run for higher office," Foust told Burke in handing down the sentence. Burke, 47, is the first lawmaker sentenced of the original five legislators who were charged in a probe into corruption allegations. In a brief statement in court, he took responsibility for his actions. "I'm deeply sorry for what I have done and what I have failed to do as a public official," Burke told the court. He and his attorneys left through the back of the courtroom to avoid waiting reporters. Burke originally was charged in June 2002 with 18 felony counts stemming from a probe that began will allegations lawmakers were using state employees for campaign work. A judge later dismissed five of the felony counts, and Burke ended his three-year fight against the charges when he pleaded guilty in October to one felony and one misdemeanor as part of a plea deal he reached with prosecutors. Foust's order requires Burke to pay $75,000 of the restitution from money he still has in his campaign account. Burke will have to personally repay $9,497 in legal fees the state had covered during the initial stage of the investigation, while he also has repaid $880 in travel expenses he improperly claimed. The sentence also includes a $2,500 fine, plus court costs. He was not sentenced to any probation time. He faced a maximum penalty of five years in prison and a $10,000 fine on the felony charge and nine months in jail and a $10,000 fine on the misdemeanor. Burke's attorneys asked Foust for leniency, saying the three-year legal battle has forever tarnished the Democrat's reputation, put him into massive debt and subjected his family to ridicule. They asked the judge for home confinement. "We ask the court to send Brian home," attorney Robert Friebert said. But Dane County District Attorney Brian Blanchard, who lead the prosecution, said Burke had no one to blame but himself. Blanchard said Burke flagrantly broke the law by dedicating his taxpayer-paid staff to his political ambitions, tried to cover up his actions and decided to run up massive legal bills fighting charges he knew were true. "He was not thinking of his family when he committed these crimes. He was only thinking of himself," Blanchard said. Burke is scheduled to begin his jail term Jan. 6 at the Dane County Jail. His attorneys indicated they will seek a transfer to Milwaukee County. Fellow Democrat, former Sen. Chuck Chvala, also reached a plea deal with prosecutors and is scheduled to be sentenced Dec. 15 on two felony charges. Three Republicans - state Rep. Scott Jensen and former lawmakers Steve Foti and Bonnie Ladwig - are scheduled to go to trial in early February, along with former GOP aide Sherry Schultz. duluthsuperior.com