Thursday, February 21, 2008

Jensen verdict

First, congratulations to prosecutors Bob Jambois and Angie Gabriele for an outstanding job along with Det. Lt. Paul Ratzburg of the Pleasant Prairie Police Department and Kenosha County Medical Examiner Mary Mainland, M.D.

A peculiar twist of events was unfolding at 5 p.m. when Jambois wanted to proceed immediately to sentencing but for scheduling a parole eligibility date. Judge Bruce E. Schroeder originally balked at that but then defense attorney Craig Albee said that Jensen is willing to waive a presentence investigation report. Schroeder then seemed willing to move the sentencing up, perhaps as early as next week.

Schroeder should proceed with caution here.

A defendant as a right to be sentenced on the basis of accurate information and, even though his attorney may be willing to waive a presentence investigation, if I were the judge I'd want to hear that from the defendant personally after a colloquy explaining that potential risks associated with that decision.

You'd hate to see a case go up on appeal, as this one undoubtedly will, with that issue on the plate. Schroeder would be well advised to order the presentence investigation anyway.

1 comment:

Al said...

No sane judge would allows this.