"It was the only time in my career that, after the person was sentenced, the prosecutor has called to renew the discussion," says Hurley, who's been a criminal defense attorney for more than three decades. "I've never had that happen before."
These offers, though not necessarily indicative of improper conduct, suggest that Biskupic and his staff prosecuted Thompson as part of a larger agenda, with potential political overtones. The goal was clearly to implicate Doyle, the Democratic governor.
Hurley -- a defense lawyer who's also a friend of former Republican Gov. Tommy Thompson -- wouldn't make that accusation, but others do.
John Burr, a former Dane County assistant district attorney and past president of the Association of State Prosecutors, is not so reluctant.
"You can't tell me it was not politically motivated," says Burr, speaking without knowledge of the plea negotiations reported by Thompson's lawyers. "The powers that be over there thought they were going to go all the way to the governor."
Biskupic's office, says Burr, prosecuted Thompson to get to Doyle and others. And, "When they didn't find anything, they were stuck with it. It blew up in their faces."
Hurley detailed the offers from Biskupic to Thompson in the Isthmus article: Before charges were filed, relates Hurley, "the government said more than once that [Thompson] might be able to avoid prosecution if she gave information about those higher up."
Biskupic took part on at least one occasion, says Hurley, adding that prosecutors "wouldn't commit to what they would do" until they heard what evidence she had to offer.
Each time, Hurley talked it over with his client and apprised Biskupic's office that she had no information to provide.
Co-counsel Berghahn, producing contemporaneous notes taken on yellow legal paper, says Assistant U.S. Attorney Scott Campbell made a more specific offer on May 29, 2006, shortly before Thompson's trial was set to begin.
In exchange for her grand jury testimony, Thompson could plead guilty to two misdemeanors, which under operative sentencing guidelines meant she could avoid jail time.
Campbell gave a three-day window in which to accept.The next day, May 30, Campbell purportedly called again, and spoke to both of Thompson's lawyers.
Hurley made a tongue-in-cheek counteroffer ("How about a municipal ordinance violation?") and quarreled with the government's insistence that Thompson committed a crime.
But (Asst US Aty) Campbell, according to Berghahn's notes, said the prosecution would proceed: "We do not fundamentally doubt our case."
Another round of overtures occurred just after Thompson was sentenced.
Berghahn says that on Sept. 25, 2006, the Monday after the Friday sentencing, Campbell "offered that the government would give her appropriate protections and considerations in exchange for her assistance."
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