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Tuesday, May 29, 2007 

More McGee

If you're looking for a great round up of links, Badger Blogger is the go to blog for all things McGee. You can even take a look at the alderman's mug shot. I had no idea that he was only 5'9". Michelle Malkin is covering the story nationally too. Be proud, Milwaukee.

According to the Journal Sentinel (ha, I know the person who wrote that entry), McGee will be back in court tomorrow for his initial appearance...
Ald. Michael McGee appeared briefly before a state court commissioner this afternoon on two felony charges: Solicitation to commit a felony/conspiracy and solicitation to commit a felony/substantial battery. Due to the nature of the charges, his initial appearance was then postponed until 2 p.m. tomorrow so that he could appear before a judge instead of a court commissioner.

McGee was dressed in an orange jail jumpsuit and waved to a couple supporters in the courtroom. He did not speak during the brief hearing.
I have no plans tomorrow. Should I go to the court house for the initial appearance?

For those of you playing along at home, here is how a felony prosecution works in Wisconsin. Tomorrow, McGee will have his initial appearance. The initial appearance is a short hearing where the DA files the criminal complaint, the judge sets bail, and McGee's legal representation is determined (AKA who is his lawyer). It's a very fast proceeding.

Within 10 days of the initial appearance, there will be a preliminary hearing. The preliminary hearing is like a mini-trial. The state has to prove probable cause. If probable cause is found, then the defendant is bound over for trial.

Within 30 days of the prelim, the DA must file a document known as the information. This document contains the charges being brought against the defendant. It does not have to have the same charges as the criminal complaint (but that's another can of worms that would take many posts to fully explain).

At the arraignment (the next step in the prosecution), the defendant enters a plea to the charges in the information. It's usually not guilty, though that can and often does change. Then we enter pretrial. This is where discovery, motions, and plea negotiation happen. After that, we have a trial, which is where the really fun stuff happens.

Hopefully, there will be more information about this case tomorrow. Right now, I'm going to lay down because I have sunburn.

I think it would be very interesting to have your take on it. If I could go, I would. Esp. if I had a law background.

It's far too nice a day to spend in the court house, especially for a very short proceeding. I'm much more interested in going to the prelim and hearing some evidence, seeing some witness, and all that other high drama. Hopefully I'm as idle that day as I am today.

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About me

  • I'm Steve
  • From Milwaukee, Wisconsin, United States
  • "There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." P.J. O'Rourke
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