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Schmitt Sentencing on Monday

GREEN BAY, WI (WTAQ) - Green Bay Mayor Jim Schmitt is scheduled to be in Brown County Circuit Court Monday morning for a plea and sentencing hearing on three charges in connection with violating Wisconsin's campaign finance laws.

Last week, Schmitt's attorney and the special prosecutor in the case each filed a sentencing memorandum explaining what they believe is the proper punishment for the 58-year-old.

Milwaukee County Assistant District Attorney Bruce Landgraf is asking Judge Mitchell Metropulos for a $4,000 fine and 40 hours of community service. Landgraf didn't seek jail time, per the plea agreement reached by both parties ahead of charges being filed back in September.

Defense attorney Patrick Knight believes that a $1,500 fine is punishment enough for his client. He also wrote that Schmitt continues to face the added penalty of "public shaming" as the result of this case.

Schmitt is charged with these 3 misdemeanor counts: attempted false statements to an election official, attempted accepting campaign contribution funds not belonging to reported contributor and attempted accepting campaign contribution in excess of limits. They were initially felonies, according to the criminal complaint.

WTAQ obtained the investigative report conducted by the Brown County Sheriff's Department during the 20-month probe. It's the basis for the 34 other counts that Landgraf asked the judge to consider while deciding on his sentence.

The hearing is scheduled to begin at 9 a.m.

LATE AFFIDAVIT

Last Thursday, a Green Bay resident filed an affidavit arguing that the plea deal for Schmitt is improper.

The filing from David A. VanderLeest argues that dropping the charges from felonies to misdemeanors, "would be to enter a foreign jurisdiction outside of the laws passed by the Wisconsin Assembly and Senate and signed into law by Wisconsin's Governor." VanderLeest also says should Schmitt plead guilty, he should vacate his right to hold office.

Landgraf, in an email, would only say when asked about the filing, "I have no comment on the issue." He prefers to leave his, "comments to be gleaned from what I file and what I say in court."

Schmitt's attorney, Patrick Knight, did not respond to our request for comment. 

It's unclear what role, if any, this affidavit will have during Monday's hearing.

 


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