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STATE OF WISCONSIN
C O U R T O F A P P E A L S
DISTRICT I __________
Appeal No. 2013AP362-CR (Milwaukee County Cir. Ct. Case No.
2012CF438)
STATE OF WISCONSIN,
Plaintiff-Respondent,
v. KELLY M. RINDFLEISCH,
Defendant-Appellant.
ON APPEAL FROM AN ORDER DENYING SUPPRES-SION AND FROM A JUDGMENT
OF CONVICTION
ENTERED IN MILWAUKEE COUNTY CIRCUIT COURT, THE HONORABLE DAVID
A. HANSHER PRESIDING
SUPPLEMENTAL APPENDIX TO BRIEF OF
PLAINTIFF-RESPONDENT STATE OF WISCONSIN
J.B. VAN HOLLEN Attorney General
CHRISTOPHER G. WREN Assistant Attorney General State Bar No.
1013313
Attorneys For Plaintiff- Respondent State of Wisconsin
Wisconsin Department of Justice Post Office Box 7857 Madison,
Wisconsin 53707-7857 (608) 266-7081 [email protected]
RECEIVED04-11-2014CLERK OF COURT OF APPEALSOF WISCONSIN
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TABLE OF CONTENTS FOR SUPPLEMENTAL APPENDIX TO BRIEF OF
PLAINTIFF-RESPONDENT STATE OF WISCONSIN
(State of Wisconsin v. Kelly M. Rindfleisch, Appeal No.
2013AP362-CR) (Milwaukee County Circuit Court Case No.
2012CF438)
DESCRIPTION OF DOCUMENT PAGE(S)
Page 1 of 4
Milwaukee County Circuit Court order denying defendants motion
to suppress evidence obtained via search warrants
(Document No. 51)
...........................................................................
101 Judgment of conviction (Document No. 78) *
...................................................................
102-103 Criminal complaint (Document No. 3)*
.....................................................................
104-160 Information (Document No. 11)*
..........................................................................
161 Preliminary hearing questionnaire and waiver (Document No. 12)
...........................................................................
162 Milwaukee County Circuit Court protective order (Document No.
15)
....................................................................
163-164 Rindfleischs motion to suppress evidence obtained via
search warrants (Document No. 23)
..........................................................................
165 Rindfleischs memorandum supporting motion to
suppress evidence obtained via search warrants (Document No. 24)
...................................................................
166-176 Affidavit of Rindfleischs counsel supporting motion to
suppress evidence obtained via search warrants (Document No. 25)
...................................................................
177-178
* Contains redactions intended to obscure birthdates or parts of
birthdates.
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TABLE OF CONTENTS FOR SUPPLEMENTAL APPENDIX TO BRIEF OF
PLAINTIFF-RESPONDENT STATE OF WISCONSIN
(State of Wisconsin v. Kelly M. Rindfleisch, Appeal No.
2013AP362-CR) (Milwaukee County Circuit Court Case No.
2012CF438)
DESCRIPTION OF DOCUMENT PAGE(S)
Page 2 of 4
Exhibits to Rindfleischs motion to suppress evidence obtained
via search warrants
(Document No. 26)
...................................................................
179-205 Tab 1 Yahoo! search warrant .................... 179-182
Tab 2 Gmail search warrant ...................... 183-186 Tab 3
court decisions (first pages
only; other pages omitted) ............... 187-205
States response to motion to suppress (Document No. 36)
...................................................................
206-215 Prosecutors affidavit in support of States response to
motion to suppress (Document No. 37)
...................................................................
216-225 Rindfleischs reply memorandum supporting motion to
suppress evidence obtained via search warrants (Document No. 40)
...................................................................
226-237 States rejoinder to Rindfleischs reply memorandum (Document
No. 41)
...................................................................
238-239 States response not objecting to proposed order denying
suppression (Document No. 47)
..........................................................................
240 Wisconsin Court of Appeals opinion and order denying
Rindfleischs petition for leave to appeal a nonfinal order
(Document No. 66)
..........................................................................
241 States revised offer of settlement (Document No. 72)
...................................................................
242-244 Plea questionnaire and waiver of rights (Document No. 73)
....................................................................
245-254
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TABLE OF CONTENTS FOR SUPPLEMENTAL APPENDIX TO BRIEF OF
PLAINTIFF-RESPONDENT STATE OF WISCONSIN
(State of Wisconsin v. Kelly M. Rindfleisch, Appeal No.
2013AP362-CR) (Milwaukee County Circuit Court Case No.
2012CF438)
DESCRIPTION OF DOCUMENT PAGE(S)
Page 3 of 4
Order closing John Doe Proceeding (Document No. 90)
...........................................................................
255 Wisconsin Court of Appeals order to supplement
appellate record with John Doe documents (Document No. 86)
...................................................................
256-257 Affidavit in support of enlarging John Doe proceeding
and application for John Doe subpoenas (Document No. 87:Exhibit
3) ................................................... 258-275
Affidavit in support of search warrants (Document No. 87:Exhibit 6)
................................................... 276-308 Search
warrant for Milwaukee County Executive's office
(color-photo exhibits omitted) (Document No. 87:Exhibit 7)
................................................... 309-311 Return
of Google search warrant (without accompanying
e-mail records totaling 16,168 pages) (Document No. 87:Exhibit
11) ................................................. 312-313 Order
permitting use and dissemination of John Doe
information and materials (Kelly Rindfleisch) (Document No.
87:Exhibit 10)
........................................................ 314
Transcript John Doe search warrant application (Document No.
87:Exhibit 9 (unnumbered
document)).................................................................................
315-441 Transcript oral decision denying Rindfleischs motion
to suppress evidence obtained via search warrants (Document No.
83)
....................................................................
442-452 Transcript change of plea (Document No. 84)
....................................................................
453-475
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TABLE OF CONTENTS FOR SUPPLEMENTAL APPENDIX TO BRIEF OF
PLAINTIFF-RESPONDENT STATE OF WISCONSIN
(State of Wisconsin v. Kelly M. Rindfleisch, Appeal No.
2013AP362-CR) (Milwaukee County Circuit Court Case No.
2012CF438)
DESCRIPTION OF DOCUMENT PAGE(S)
Page 4 of 4
States memorandum responding to Rindfleisch's motion to seal the
supplemental appellate record (excerpt) ............... 476-489
Wisconsin Court of Appeals order denying motion to
continue supplemental appellate record under seal
............... 490-492 Rindfleisch counsels letter objecting to
court order to
unseal supplemental appellate record
..................................... 493-494 Wisconsin Court of
Appeals order unsealing
supplemental appellate record
................................................. 495-500 Wire and
Electronic Communications Interception and
Interception of Oral Communications (a.k.a. Electronic
Communications Privacy Act) - 18 U.S.C. 2510 through 2522
...............................................................
501-523
Stored Wire and Electronic Communications and
Transactional Records Access (a.k.a. Stored Communications Act)
- 18 U.S.C. 2701 through 2712
...........................................................................................
524-535
Rule 41, Federal Rules of Criminal Procedure
............................ 536-542 Certificate of compliance with
Wis. Stat. (Rule)
809.19(13)(f)
..................................................................................
543
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STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY
STATE OF WISCONSIN,
Plaintiff,
vs. Case No. 12-CF-000438
KELLY M. RINDFLEISCH,
Defendant.
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS
EVIDENCE OBTAINED VIA SEARCH WARRANTS
The Court having considered defendant Kelly M. Rindfleisch' s
motion for an
order suppressing evidence obtained by the state via search
warrants issued on
October 20, 2010, including all pleadings and papers of record
and the arguments of
counsel, for the reasons set forth from the Bench on August 21,
2012, the motion is
hereby DENIED. r-
Dated this -+1 day of September, 2012.
Drafted by: Kathryn A. Keppel Gimbel, Reilly, Guerin & Brown
LLP 330 East Kilbourn Avenue l\1ilw-aukee,VVisconsin53202
Telephone: 414/271-1440
crim/rindfleisch/p/dimisssuppressorder2012-09-06
BY
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 101
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_ST..;..;Ac..;.T;;..;.E;;_O.:;_F;...._;;.:W;..;;_IS"-'C"-'O:;.;;N.;;..;;S=IN;.;;.._
_ ___;;C;...;;.IR;...;;.C.:;_U=>IT COURT BRANCH 42 MILWAUKEE
COUNTY Far Official Use Only
State of Wisconsin vs. Kelly M. Rindfleisch
Date of Birth: '.. .--. ?":;; .f"'">- -~1 . ;"""
~. ~~.-~-!ii'.. . ..,,.. .. f;J .....
The defendant was found guilty of the following crime(s):
Ct. Description Violation
1 Misconduct/Office 946.12(3)
Judgment of Conviction Sentence Withheld, Probation Ordered
FILED 11-27-2012
John Barrett
Case No. 2012CF000438 Clerk of Circuit Court
Plea Severity
Guilty Felony I
Date(s) Committed
04-14-2010
Trial To
Date(s) Convicted
10-11-2012
IT IS ADJUDGED that the defendant is guilty as convicted and
sentenced as follows:
Ct. Sent. Date Sentence Length Agency Comments 11-19-2012
Probation, sent withheld 3YR Department of Court will allow
probation and condition time to be
Corrections transferred to Columbia County.
Conditions of Sentence or Probation Obligations: (Total amounts
only)
Fine Court Costs
20.00
Attorney Fees
D Joint and Several Restitution Other
13.00
Mandatory Victim/Wit. Surcharge
92.00
5% Rest. Surcharge
DNA Anal. Surcharge
250,00
Conditions Ct. Condition Length Agency/Program Begin Date Begin
Time Comments
Ct.
House of Correction
Condition
Costs
Other
6MO
Firearms/Weapons Restriction
Agency/Program Comments
Release for work and family healthcare. ST A YED pending
appeal.
Provide DNA sample if one has not previously been provided, pay
surcharge. Pay all court costs, fees and surcharges. Failure to pay
shall result in entry of a civil judgment. Standard rules of
probation. Defendant advised as a convicted felon she may never
possess a firearm or body armor; her voting privileges are
suspended and she may not vote in any election until her civil
rights are restored.
Pursuant to 973.01(3g) and (3m) Wisconsin Statutes, the court
determines the following:
The Defendant is 0 is not 0 eligible for the Challenge
Incarceration Program. The Defendant is 0 is not 0 eligible for the
Substance Abuse Program. The following charges were Dismissed but
Read In
Ct.
2 3 4
Description Violation Plea Severity
Misconduct/Office 946.12(3) Felony I Misconduct/Office 946.12(3)
Felony I
Misconduct/Office 946.12(3) Felony I
IT IS ADJUDGED that O days sentence credit are due pursuant to
973.155, Wisconsin Statutes
IT IS ORDERED that the Sheriff shall deliver the defendant into
the custody of the Department.
Date(s) Date(s) Committed Read In
04-16-2010 10-11-2012 05-03-2010 10-11-2012 05-04-2010
10-11-2012
CR212(CCAP), 08/2011 Judgment of Conviction, DOC 20, (08/2007)
939.50, 939.51, 972.13, Chapter 973, Wisconsin Statutes This form
shall not be modified. It may d with additional material. Page 1 of
2
R-Ap. 102
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
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_ST_A_T_E_O_F___..W_IS_C_O_N_S_IN ___ C_IR_C_U_IT COURT BRANCH
42
State of Wisconsin vs. Kelly M. Rindfleisch
Date of Birth:
Distribution:
David A. Hansher-42, Judge Bruce J Land11raf, District Attorney
Franklyn M Gimbel, Defense Attorney
MILWAUKEE COUNTY
Judgment of Conviction Sentence Withheld, Probation Ordered
Case No. 2012CF000438
BY THE COURT:
For Official Use Only
FILED
11-27-2012
John Barrett Clerk of Circuit Court
Electronically signed by John Barrett Circuit Court
Judge/Clerk/Deputy Clerk
November 27, 2012 Date
CR212(CCAP), 08/2011 Judgment of Conviction, DOC 20, (08/2007)
939.50, 939.51, 972.13, Chapter 973, Wisconsin Statutes This form
shall not be modified. It may be supplemented with additional
material. Page 2 of 2
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 103
-
ll..'
STATE OF WISCONSIN
STATE OF WISCONSIN
vs.
CIRCUIT COURT CRIMINAL DIVISION
Plaintiff,
DO NOT HEMOVE MILWAUKEE COUNTY
CRIMINAL COMPLAINT
DA Case No.: 2012ML001714
Rindfleisch, Kelly M. Complaining Witness: 331 West Harrison
Street Columbus, WI 53925 DOB:
Defendant,
Investigator Robert Stelter
Court Case No.: t 8'e_ ~ {J)()Lj ~~
THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON
INFORMATION AND BELIEF STATES THAT:
COUNT 01: MISCONDUCT IN PUBLIC OFFICE The above-named defendant,
on April 14, 2010, at 901 North 9th Street, Milwaukee, Wisconsin,
while acting in the capacity of a public employee did exercise a
discretionary power in a manner inconsistent with the duties of the
defendant's public employment and with the intent to obtain a
dishonest advantage for herself, all contrary to Sections 946.12(3)
of the Wisconsin Statutes.
COUNT 02: MISCONDUCT IN PUBLIC OFFICE The above-named defendant,
on April 16, 2010, at 901 North 9th Street, Milwaukee, Wisconsin,
while acting in the capacity of a public employee did exercise a
discretionary power in a manner inconsistent with the duties of the
defendant's public employment and with the intent to obtain a
dishonest advantage for herself, all contrary to Sections 946.12(3)
of the Wisconsin Statutes.
COUNT 03: MISCONDUCT IN PUBLIC OFFICE The above-named defendant,
on May 3, 2010, at 901 North 9th Street, Milwaukee, Wisconsin,
while acting in the capacity of a public employee did exercise a
discretionary power in a manner inconsistent with the duties of the
defendant's public employment and with the intent to obtain a
dishonest advantage for herself, all contrary to Sections 946.12(3)
of the Wisconsin Statutes.
COUNT 04: MISCONDUCT IN PUBLIC OFFICE The above-named defendant,
on May 4, 2010, at 901 North 9th Street, Milwaukee, Wisconsin,
while acting in the capacity of a public employee did exercise a
discretionary power in a manner inconsistent with the duties of the
defendant's public employment and with the intent to obtain a
dishonest advantage for herself, all contrary to Sections 946.12(3)
of the Wisconsin Statutes.
AS TO COUNTS 01 TO 04: . Upon conviction of these offenses, each
being a Class I felony, the defendant may be fined not more than
$10,000, or imprisoned not more than 3.5 years or both, as to each
Count.
Complainant states that he is a Milwaukee County District
Attorney Investigator and bases his complaint upon the sources of
information identified in the paragraphs below.
R-Ap. 104
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
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Kelly M. Rindfleisch, DOB: Page2
A. AUTHORIZATION OF DOE JUDGE
This investigation was conducted under the auspices of an
ongoing Milwaukee County John Doe investigation, Milwaukee County
Case No. 1 OJDOOOOO?. The Honorable Neal Nettesheim presides over
this John Doe proceeding. The John Doe is subject to a Secrecy
Order. To the extent thatthe John Doe investigation relates to
Kelly Rindfleisch, Brett Davis, Brett Davis for Lt. Governor, a
campaign committee, the Friends of Scott Walker, a campaign
committee, and such other individuals as are named in this
complaint, Judge Nettesheim has authorized the release of
information necessary for the prosecution of this criminal
matter.
B. IDENTIFICATION OF RELEVANT PARTIES
For purposes of this complaint, the following persons are
identified in alphabetical order and described by role as it
relates to this criminal complaint.
Bader, Jill. Ms. Bader was the Communications Director for the
Friends of Scott Walker at times relevant to this complaint.
Davis, Brett H. In 2010, Mr. Davis was an Assemblyman and a
candidate for the Office of Lieutenant Governor. Mr. Davis hired
Ms. Rindfleisch to serve as his campaign fundraiser in early
2010.
Ermert, George. Mr. Ermert was a friend of Kelly Rindfleisch. He
is employed as a consultant with Martin Schreiber & Associates,
Inc. in Madison, Wisconsin.
Gilkes, Keith. Mr. Gilkes was the Campaign Manager for the
Friends of Scott Walker at times -relevant to this complaint.
Graul, Mark. Mr. Graul was an unpaid consultant to the "Brett
Davis for Lt. Governor'' campaign committee.
Loe, Emily G. Ms. Loe served as the first campaign manager for
the Brett Davis campaign committee, "Brett Davis for Lt. Governor."
She left this position in about late March 2010.
Nardelli, Thomas. Mr. Nardelli was the Chief of Staff serving in
the County Executive's Office at all times relevant to this
complaint.
Rindfleisch, Kelly M. Ms. Rindfleisch was hired by Deputy Chief
of Staff Tim Russell as a County Executive employee. She began work
in January 2010 as a Policy Analyst and was promoted to Deputy
Chief of Staff in March 2010 when Tim Russell took the position of
Housing Director for the Department of Health and Human
Services.
Russell, Timothy D. As noted above, Mr. Russell was the Deputy
Chief of Staff in the Office of the County Executive at times
relevant to this complaint prior to March 2010. In March 2010, he
was given the position of Housing Director for the Department of
Health and Human Services.
Thompson, Stephan. Mr. Thompson was the Deputy Campaign Manager
for the Friends of Scott Walker at times relevant to this
complaint.
Villa, James. Mr. Villa was a former Chief of Staff to then
County Executive Scott Walker. Mr. Villa served as an informal
advisor to the Friends of Scott Walker. He is
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 105
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Kelly M. Rindfleisch, DOB: Page3
and was a personal friend to Governor Scott Walker. Villa also
rented a room to Kelly Rindfleisch in West Allis, Wisconsin between
March 2010 and the election in November 2010. .
Walker, Scott K. Mr. Walker, the current Governor of the State
of Wisconsin, was at all times relevant to this criminal complaint
the County Executive of Milwaukee County. Mr. Walker was also a
candidate for Governor, and he was the candidate supported by the
campaign committee known as the Friends of Scott Walker.
Werwie, Cullen. Mr. Werwie served as the second campaign manager
for the Brett Davis campaign committee, "Brett Davis for Lt.
Governor." He replaced Emily Loe in that position following Emily
Loe's March 2010 departure from the Davis campaign.
Wink, Darlene. Ms; Wink was an employee responsible for
Constituent Services in the Office of the Milwaukee County
Executive. In May 2010, Ms. Wink resigned her position after it was
revealed that she was posting comments of a political nature on the
Milwaukee Journal Sentinel web site.
C. INTRODUCTiON & SUMMARY OF OFFENSES
Kelly Rindfleisch was hired by Deputy Chief of Staff Tim Russell
in early 2010 to fill a position as Policy Advisor within the
Offices of the County Executive. When she arrived for her first day
of work, Chief of Staff Tom Nardelli was unaware she had been
hired. Rindfleisch, however, was a former legislative aide who had
worked in Madison. There she had met the then County Executive's
friend and advisor, Jim Villa. She also knew Keith Gilkes from her
work in Madison.
Using a non-County issued, personal laptop computer and a
non-County, private wireless Internet connection supplied by Tim
Russell, Ms. Rindfleisch worked on projects assigned to her by
Russell (at least according to her own description shortly after
starting in the County Executive's Office as a policy advisor). In
an Internet chat on January 25, 2010 with a friend, George Ermert,
after Ermert learned of the private wireless network in the County
Executive's Office, Ermert asked Rindfleisch if she "was going to
be helping out the campaign too." Rindfleisch replied to Ermert
that:
"half of what I'm doing is policy for the campaign."
Rindfleisch stated that she worked on Operation Freedom as well.
See Figure 1 below.
ermegj: who do you work with? ermegj: what are your policy
areas? rellyk: tim russell rellyk: fran rellyk: I don't have
specific policy are.as rellyk: I do projects tiin gives me ermegj:
what's your title? reflyk: pollcy advisor ermegj: that's fancy
rellyk: not really rellyk: but I don't need fancy - ~
]
R-Ap. 106
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
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Kelly M. Rindfleisch, DOB: Page4
ennegj: i wish you didn't work for government... now i can't
.talk to you about campaign stuff online rellyk: I'm on my laptop
rellyk; separate !System ermegj: oh .. not shit ermegj; so It's
cool? rellyk: yah ermegj: are you goiign to be helping the campaign
out too? rellyk: really, half of what l'm doing is policy for tlie
campaign rellyk: its policy stuff but its for use over there
rellyk: I'm also doing operation freedom
Figure 1
Rindfleisch was promoted to Deputy Chief of Staff in March 2010.
Her office was located less than twenty-five feet from the office
of then County Executive Scott Walker. See Appendix A
From February until July 2010, Rindfleisch worked as a
fundraiserforthe campaign committee "Brett Davis for Lt. Governor."
Detailed below, substantial fundraising work was done for Brett
Davis during business hours while Rindfleisch was paid to do work
on behalf of Milwaukee County.
Persons associated with the Friends of Scott Walker campaign
committee generally favored Brett Davis over other candidates for
the office of Lieutenant Governor.
Darlene Wink resigned her position in the County Executive's
Office on about May 14, 2010 because of her apparent political work
during the business day. In the weeks thereafter, Ms. Rindfleisch
thereafter decreased the amount of fund raising work she did from
the County Executive's Office.
Dan Morse, a fund raiser for the Friends of Scott Walker, was
brought on to help with Davis' fund raising activities in June 2010
.. Rindfleisch did not work well together with Morse and she
resigned her position with the Davis campaign in July 2010. Morse
continued his role as a Davis and a Walker fund raiser through the
end of each of these campaigns.
After leaving county goverr)ment in November 2010, Ms.
Rindfleisch worked on the Governor Walker Inauguration. Thereafter,
although her salary is listed as an "In Kind" contribution from the
Republican Party of Wisconsin to the Friends of Scott Walker, Ms.
Rindfleisch worked as a fundraiserforthe Friends of Scott Walker.
To my knowledge, Ms. Rindfleisch left this position in the second
week in January 2012.
D. VENUE AND JURISDICTION
Based upon a review of Rindfleisch's personnel file produced by
Candace Richards of the Department of Human Resources of Milwaukee
County in response to a John Doe subpoena, I know that Ms.
Rindfleisch was employed as an "Administrative Secretary, Policy
Advisor'' in the Office of the County Executive for the period of
January 13, 2010 to March 14, 2010.
Further, based upon a review of Rindfleisch's personnel file, on
March 15, 2010, Ms. Rindfleisch was promoted to the position of
Deputy Chief of Staff in the Milwaukee County Executive's Office.
Ms. Rindfleisch held this position through November 2010.
f
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 107
-
Kelly M. Rindfleisch, DOB: Pages
The Office of the County Executive is located in the Milwaukee
County Courthouse, located at 901 North gth Street, City of
Milwaukee, State of Wisconsin.
Milwaukee County is a political subdivision of the State of
Wisconsin.
Ms. Rindfleisch established a residence in Milwaukee County in
March 2010. Based upon a review of personnel records produced by
Candace Richards, Department of Human Resources of Milwaukee
County, I know that as of June 2, 2010 Ms. Rindfleisch claimed her
residence as 1331 South 93rd Street, West Allis, Wisconsin.
James Villa was the former Chief of Staff for the Milwaukee
County Executive's Office. He is a long-time personal friend of
Scott Walker. He served as an informal advisor to the Friends of
Scott Walker in 2010. In his testimony before the John Doe Judge,
James Villa stated that he resides at 1331 South 93rd Street, West
Allis and that in March 2010, Ms. Rindfleisch began living at his
home several days a week. This is the same address that Ms.
Rindfleisch claimed as her Milwaukee County residence to fulfill
her residency ,requirement as a Milwaukee County employee.
Andrea Boom is a woman who worked with Kelly Rindfleisch prior
to Rindfleisch's employment in Milwaukee County. In 2011, Ms. Boom
worked together with Ms. Rindfleisch at the offices of the Friends
of Scott Walker. In her testimony before the John Doe Judge, Andrea
Boom stated that she engaged in "chat sessions" with Ms.
Rindfleisch using the chat account of [email protected]. Boom
identified the moniker of "rellyk" as belonging to Kelly
Rindfleisch. Figure 2 is a copy of part of a "chat session"
recovered from Kelly Rindfleisch's laptop computer.1 According to
the information obtained from the Rindfleisch laptop and as
confirmed by the John Doe testimony of Andrea Boom, Ms. Rindfleisch
engaged in a "chat session" with Andrea Boom, which chat session
bears a date of Wednesday April 28, 2010 beginning at 8:20 a.m. As
set forth in Figure 2, Rindfleisch "chatted" that she does have a
residence requirement as an employee for Milwaukee County and that
she lives on "93rd and Greenfield" at the home of her friend, Jim
Villa.
1 The Rindfleisch laptop was recovered on November 1, 2010 when
Investigators for the Milwaukee County District Attorney's executed
a search warrant in the Milwaukee County Executive's Office seeking
evidence of Misconduct in Public Office and Political Solicitation
Involving Public Officials and Employees. Rindfleish's laptop was
imaged and examined by Milwaukee County District Attorney Office
Information Technology Manager and certified Encase forensic
computer examiner James Krueger.
R-Ap. 108
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB:
Figure 2
rellyk: I was thinking you not trevor Andrea: well, yeah Andrea:
but neither one of us lives there rellyk: nope Andrea; do you have
a residency requirement? rellyk: yep rellyk: I live on the corner
of 93rd and Greenfield rellyk: you .actually get six months to move
Andrea: dude Andrea: did you sell your house? rellylc which in this
case, if he wins, it wouldn't matter rellyk: no rellyk: it's my
friend villa's housee Andrea: nice
, rellyk: I stay 2 nights a week rellyk: hence having michaela
take care of the beasts Andrea: so when he wins, you can just live
in Columbus rellvk: vep
Page 6
Further, on November 1, 2010, I executed a Search Warrant at
Rindfleisch's residence at 1331 South 93rd Street, West Allis. At
that time, Rindfleisch accompanied me. She let investigators into
the house with her key, and Ms. Rindfleisch showed me the bedroom
where she stayed.
E. STATUTES AND RULES APPLICABLE TO MILWAUKEE COUNTY EMPLOYEE
CONDUCT
Ms. Rindfleisch, at all relevant times, was.a public employee
within the meaning of Wisconsin Statutes 946.12.
Wisconsin Statutes 946.12(2) prohibits a public employee from
acting, in the employee's capacity as an employee, in a manner
which the employee knows is forbidden by law to be done in the
employee's official capacity.
Wisconsin Statutes 946.12(3) prohibits, whether by act of
commission or omission, a public employee from exercising a
discretionary power in his or her capacity as a public employee
with the intent to obtain a dishonest advantage for another.
Wisconsin Statutes Section 11.36( 4) provides:
No person may enter or remain in any building, office or room
occupied for any purpose by ... any political subdivision [of the
State] ... or send or direct a letter or other notice thereto for
the purpose of requesting or collecting a contribution.
Wisconsin Statutes Section 11.36(2) provides:
No person may solicit or receive from any officer or employee of
a political subdivision of this state any contribution or service
for any political purpose during established hours of employment or
while the officer or employee is engaged in his or her official
duties.
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 109
-
Kelly M. Rindfleisch, DOB: Page7
Milwaukee County Ordinances further provides at 9.05(2)
that:
No county public official or employee shall use his/her public
position or office to obtain financial gain or anything of
substantial value for the private benefit of himself/herself or
his/her immediate family, or for an organization with which he/she
is associated.
Milwaukee County Ordinances further provides af 9.06 provides
that:
No county public official or employee at his or her place of
employment while engaged in his or her official duties shall, for
the apparent purpose of seeking to elect or defeat a person seeking
elective office:
(a) Wear or display any campaign material.
(b) Distribute any campaign literature.
(c) Solicit contributions for any candidate.
(d) Engage in political campaign activities for any
candidate.
The conduct of public employees is further guided by the
judicial decision emanating from the Caucus Scandal. See State v.
Chvala, 2004 WI App 53, 271 Wis.2d 115, 678 N.W.2d 880. .
F. ACKNOWLEDGEMENT OF RULES FOR MILWAUKEE COUNTY EMPLOYEE
CONDUCT
Laurie Panella is the Acting Director of the Milwaukee County
Information Management Systems Division {"IMSD") of the Department
of Administrative Services.
Pursuant to John Doe Subpoena, Ms. Panella produced IMSD
documents and records relevant to the John Doe investigation. In
this regard, I have reviewed a document entitled "USE OF
TECHNOLOGIES POLICY" signed "Kelly Rindfleisch" and dated January
13, 2010. The Rindfleisch signature appears immediately below the
following text:
I acknowledge that I am in receipt of Milwaukee County's Use of
Technologies Policy and that violations of my obligation to adhere
to this policy may result in progressive steps of discipline, which
may include my discharge from Milwaukee County service. I also
understand that violations of the policy on my part may result in
Milwaukee County taking action that will deny me access or rights
to any of Milwaukee County's technology resources.
My signature on this Policy does not imply agreement with the
policy, but rather shows that I have read and received a copy of
this policy from the management of my workplace.
1
R-Ap. 110
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Pages
The. Milwaukee County Technology Policy prohibits the use of
county equipment2 for fund raising, political campaign activities,
or public relations activities not specifically related to County
government activities.
G. THE RECORDS OF THE CERIDIAN TIMEKEEPING SYSTEM FOR MILWAUKEE
COUNTY DOCUMENT WHEN KELLY RINDFLEISCH WAS WORKING AS AN EMPLOYEE
AND WHEN SHE CLAIMED OFF-TIME
I am familiar with a Milwaukee County timekeeping system known
as the "Ceridian" system. In the course of this John Doe
investigation, subpoenas were served upon Milwaukee County for
records relating to the time reporting of Kelly Rindfleisch. These
records reflect Rindfleisch's off-time due to vacation, personal
holidays, sick time and other forms of sanctioned employee leave.
Except as otherwise noted in the paragraphs below, when I refer to
an action taken by Kelly Rindfleisch between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday, I have checked the Ceridian
records and confirmed that Kelly Rindfleisch reported no employee
off-time on that day:
H. THE JOHN DOE INVESTIGATION HAS GATHERED RECORDS TENDING TO
ESTABLISH THE DATES AND TIMES THAT KELLY RINDFLEISCH WAS AT HER
DESK IN THE COUNTY EXECUTIVE'S OFFICE
I know that Milwaukee County Courthouse Complex employees are
routinely issued electronic "Key Cards" that allow access to
otherwise secure areas of county buildings. These areas include the
exterior entrances to the Courthouse and the offices of the County
Executive. The "Key Card" system maintains a digital record of each
time a specific card is swiped by the cardholder, including the
location accessed by the cardholder. As part of the John Doe
investigation, these Key Card accessrecords for the Key Card
assigned to Kelly Rindfleisch were subpoenaed and examined.
Like county "Key Card" records, CPS Parking also maintains
records for those persons who park in MacArthur Square parking lot
on a monthly basis. The John Doe Judge issued a subpoena for these
records, which I have also reviewed as they relate to Kelly
Rindfleisch. The MacArthur Square parking lot is immediately
adjacent to the Milwaukee County Courthouse, and many persons who
work in the Courthouse Complex rent space for parking there. CPS
Parking issues access cards to its monthly parking customers. These
access cards are scanned at the time of entry into and exit from
the MacArthur Square parking lot. A record. is created at the time
of entry and exit recording the date, time and the card used for
entry or exit. Obtained by John Doe subpoena, I have examined these
CPS Parking records for Kelly Rindfleish.
Based upon my review of parking records during the time that Ms.
Rindfleisch parked
2 The policy states:
For the purpose of this policy, technologies in the work
environment shall refer to a wide array of equipment and/or
software, including, but not limited to: analog and digital
telephone services (voice mail, message broadcasting, message/call
forwarding), facsimile (fax) machines and servers, image scanning
and copying equipment, shared and stand-alone computers (both fixed
and portable) and their peripherals, pagers (text and voice),
cellular phones, data networks, dial-up network facilities, global
positioning systems (GPS), radios (VHF, UHF, 800 MHz, 800 MHz
trunked, fixed and portable units), and wireless services.
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 111
-
Kelly M. Rindfleisch, DOB: Page9
her car in the MacArthur Square parking lot (April 1, 201 Oto
November 2, 201 O) and based upon my review of county "Key Card"
records (April 1, 201 O to November 2, 2010), I can state as a
general matter that Ms. Rindfleisch arrived at the Courthouse
Complex at about 7:00 a.m. and left from the MacArthur Square
parking lot between 4:30 and 5:30 p.m.
I. INVOLVEMENT WITH CAUCUS SCANDAL
The information in this section of the complaint is based upon
my review of the reports written by Department of Justice Division
of Criminal Investigation Special Agent Dorinda M. Freymiller.
Because it bears upon Ms. Rindfleisch's knowledge of the proper
limits placed upon the conduct of public employees under the laws
of the State of Wisconsin, I note that, on December 16, 2002, Ms.
Rindfleisch was interviewed by State Department of Justice Agents
investigating the Caucus Scandal.
As part of the interview, Rindfleisch was shown an Immunity
letter from then Dane County District Attorney, Brian Blanchard,
according to the reports of the Special Agents conducting the
interview.
Rindfleisch was employed as a staffer for Representative Scott
Gunderson from January 1995 - May 1999. She worked at the Assembly
Republican Caucus (ARC) in legislative services and media from May
1999 - March 2000. Rindfleisch worked at the Senate Republican
Caucus (SRC) from March 2000 - December 2001 as a policy analyst,
and was - at the time of the interview - employed as a staffer for
State Senator Mary Panzer.
Rindfleisch stated that, when she began working at the ARC,
Sherry Schultz helped Rindfleisch with planning and organizing
fundraisers for Assembly Republican Members.
Rindfleisch stated that ARC staffers were assigned to work with
specific new members of the Assembly. ARC staffers were expected to
help the new member with setting up their office structure, policy
issues and fundraising. Rindfleisch stated she left the ARC before
the 2000 campaign cycle began, so her involvement with fund raising
was mostly related to compiling lists of potential people to
invite.
Rindfleisch stated that she was approached by a Brian Fraley who
asked her to work at the SRC. Rindfleisch gave statements regarding
her work on political campaigns as directed by Brian Fraley. She
stated that her pay as a state employee would be reduced by 80% to
100% during these times. Rindfleisch also spoke about campaign
materials removed from the SRC and placed in storage at the
direction of Brian Fraley, after the 2000 campaign season and
before January 1, 2001.
9
R-Ap. 112
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 10
J. FROM THE DEPUTY CHIEF OF STAFF'S OFFICE IN THE COURTHOUSE,
RINDFLEISCH CONDUCTED FUNDRAISING FOR LT. GOVERNOR CANDIDATE BRETT
DAVIS, THE "BEST CANDIDATE" FOR THE FRIENDS OF SCOTT WALKER, ALL
WHILE BEING PAID BY BOTH THE TAXPAYERS OF MILWAUKEE COUNTY AND THE
DAVIS CAMPAIGN COMMITTEE
1. Brett Davis was the favored Lieutenant Governor candidate of
the Friends of Scott Walker.
a. Keith Gilkes, Campaign Manager of the Friends of Scott
Walker, considered Davis as "the" candidate for Lieutenant
Governor.
Keith Gilkes served as the manager for the campaign committee,
the Friends of Scott Walker.
TOl
!i!~bJileb Date;
Kelty A1ndnMh
RE: fJ!day, May rr7, 2010 10:49tl9 AM
lWill do that as qulcillY as I can.
I talked to Keith. He got your e-mail about Ed Mooney. He
thought you wanted hrm to ask- him to write a i:heck. I tlarlfled
that we wanted him to tell him that you are the best match to help'
Scott get the Gtivemo~s office. Essentially, he'.11 be doing a
block: Qn Collins. He happily agreed to do that. He Jus!: didn't
want to ask hlin to write a check. l told hlin that Ed Is ready to
write the check, we just need someone to reinforce you are th.e
guy.
--Original Message--- From: [email protected]
[ma!JtoBrett.Da\/js@c!Jarter net] Sent: Friday, May 07, 2010 5:23
AM To: Kelly Rindfleisch Cc: Cullen Werwle Subject:
Kelly,
Let me.know when you can talk today about the La
CroliSeevent.
Also, could you pull together a Racine call list and e'mali It
to Robin Vos at robh c6m.
Thanks,
Brett Sent via BlackBerry by AT&T
Figure 3
As set forth in Figure 3 at top of thread,3 on the morning of
May 7, 2010, a furlough day for Rindfleisch, at about 10:50 a.m.,
Kelly Rindfleisch wrote to then Assemblyman and Lieutenant Governor
Candidate Brett Davis. She advised Davis that she had been speaking
with Keith Gilkes (the Friends of Scott Walker [FOSW] campaign
manager) and that Gilkes said that he (Gilkes) had gotten Davis'
e-mail about Ed Mooney. See Figure 3. Rindfleisch explained to
Brett Davis that Gilkes thought that he (Gilkes) was supposed to
ask
Mooney for a contribution. That was not correct, Rindfleisch
said, and she clarified for Gilkes as follows, "I clarified that we
wanted him (Gilkes) to tell him (Mooney) that you are the best
match to help Scott get the Governor's office." Rindfleisch goes on
to explain to Davis, "I told him (Gilkes) that Ed is ready to write
the check, we just need someone to reinforce you are the guy." See
Figure 3.
3 This e-mail was obtained from Google Gmail, provided in
response to a Search Warrant authorized by the John Doe Judge for
the account of [email protected]. This e-mail account has
consistently been identified in John Doe testimony as belonging to
Kelly Rindfleisch.
10
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 113
-
Kelly M. Rindfleisch, DOB: Page 11
With an e-mail to Gilkes on May 19, 2010 at about 12:50 p.m.,
Rindfleisch followed up on her earlier e-mail asking Gilkes if he
had an opportunity to speak with Mooney. See Figure 4 at bottom of
thread. On May 19, 2010 at 1 :23 p.m., Gilkes responded to
Rindfleisch, "I talked with him personally Friday. I think he
agreed with why I thought Brett is the candidate." See Figure 4 at
top of thread.4
Fram: Kelth Gll!ses - friends of swtt Walker To:
kmrlmffle!sch@gmall mm Subject: RE: Davis D;ite: Wednesday, May 19,
2010 1:2z::n PM
I talked with him personally Friday. I think he agreed with why
I thought Brett is the candidate.
Keith Gilkes Friends of Scott Walker Office: (414) 453-2010
-----Orlglnal Message----From: [email protected]
[mailto:kmrlndflejsch@gmailcom) Sent: Wednesday, May 19, 2.010
12:49 PM To: Keith Subject: Davis
Additionally, Gilkes assisted Rindfleisch in her fundraising
efforts for Brett Davis. On June 18, 2010 at 9:50 a.m., a workday,
Kelly Rindfleisch wrote to Brett Davis during her . workday. See
Figure 5. Based upon her e-mail to Brett Davis and to Davis'
campaign manager, Cullen Werwie, Gilkes was to provide to Kelly
Rindfleisch the names of two people who did
successful events for ---------------------- Scott Walker in
the
Figure 4 Racine area.
Were you able to talk to Ed Mooney? He Is writing a check to
Brett. Sent from my U.S. Cellular BlackBerryR smartphone
From: To: subject: Date:
kmcindflejscb@amai! rnm
Brett davjs; Cullen Wetwie
Racine Friday, June 18, 2010 9;49:55 AM
I talked keith this morning about the trouble with racine. He is
going to send me the names of the two people who did successful
events for scott down there. Sent from my U.S. Cellular BlackBerry
smartphone
Figure 5
b. Stephan Thompson. Deputy Campaign Manager for the Friends of
Scott Walker. supported Brett Davis as the Lieutenant Governor
candidate.
Stephan Thompson served as the Deputy Campaign Manager for the
Friends of Scott Walker during 2010.
Mr. Thompson confirmed in his John Doe testimony on October 18,
2011 that he favored Brett Davis as the candidate for Lieutenant
Governor, and he further confirmed
4 See footnote 3 for source information.
11
R-Ap. 114
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 12
that "generally speaking the campaign favored Davis as the
Lieutenant Governor candidate."
c. Jim Villa. chair of the Walker Inaugural Committee and a
close personal advisor to the Friends of Scott Walker. supported
Brett Davis for Lieutenant Governor.
Noted above, James Villa was, prior to Tom Nardelli, the Chief
of Staff for County Executive Scott Walker. In 2010 he served as an
informal personal advisor to Scott Walker and his campaign. He has
known Scott Walker since college.
Villa supported Brett Davis as a candidate for Lieutenant
Governor in a number of ways. First, he helped raise funds. On
April 14, 2010 at 7:15 a.m. on that date, Rindfleisch wrote to
Brett Davis as shown in Figure 6.5
On June 10, 2010, as
From: To: subject: Date:
Ktllx Rjndflel
-
Kelly M. Rindfleisch, DOB: Page 13
d. John Hiller. Treasurer of the Friends of Scott Walker.
supported Brett Davis for Lieutenant Governor.
I have reviewed the Wisconsin Government Accountability Board
Campaign Finance Information System records for the contribution
activity of John Hiller, the Treasurer for the campaign committee
Friends of Scott Walker. GAB records show that Hiller contributed
to one Lieutenant Governor candidate only, that being Brett Davis,
giving $200 on June 6, 2010.
2. Rindfleisch worked to raise funds for Brett Davis from her
office in the County Executive Office Suite in the Courthouse.
Kelly Rindfleisch served as the fund raiser for Brett Davis for
the time period of about January 31, 201 O until she resigned that
position in July 201 O. Kelly Rindfleisch was replaced by Dan
Morse, a person who also worked as a fundraiser for the Friends of
Scott Walker.6
From my knowledge of the race for Lieutenant Governor and from
my review of GAB filings, I know that Brett Davis was a candidate
for the Office of Lieutenant Governor. He was the candidate
identified in campaign registration papers filed for the committee
identified as "Brett Davis for Lt. Governor" with the GAB. I also
know that a Primary Election was held in the race for the
Republican candidate for Lieutenant Governor. That primary was held
on September 14, 2010. Mr. Davis did not successfully emerge from
the primary and was defeated by Rebecca Kleefisch.
a. Rindfleisch's fundraising work during the course of her
official duties was not isolated during the time period of Februarv
2010 to Julv 2010.
Based upon my review of e-mails obtained by Search Warrant from
the Google Gmail account of Kelly Rindfleisch,
[email protected], I know that Rindfleisch exchanged e-mails
with [email protected], an account maintained by Brett Davis,
a minimum of approximately 300 times between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday between February 3, 2010 and
July 9, 2010.7 These e-mail contacts were almost always, if not
exclusively, related to fundraising efforts.
Overall, from February 3, 2010 to July 9, 2010, between the
hours of 8:00 and 5:00 p.m. other than the days on which she was
out of the office for holidays or personal off-time, the
investigation has identified about 1,380 e-mails sent or received
by Kelly Rindfleisch related to fundraising activities.
6 See footnote 3. 7 This calculation excludes days on which Ms.
Rindfleisch claimed off-time from work.
13
R-Ap. 116
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 14
b. Rindfleisch's fundraising work was accomplished using a
secret e-mail svstem available to and used by select ''insider"
staffers for both official and unofficial business.
I know8 that Rindfleish's e-mail communication was accomplished
using an unofficial, personal laptop computer and networking
equipment.
The unofficial networking system Rindfleisch used9 was
established by Tim Russell. In the course of the execution of a
Search Warrant in the Office of the County Executive on November 1,
2010, Milwaukee County District Attorney investigators searched the
office of the Deputy Chief of Staff, formerly occupied by Tim
Russell and occupied by Rindfleisch on the day of the search. In an
armoire in that office, I am advised by investigators that they
found packaging for two network devices. First, they found a box
for an AT&T "USBConnect" "LaptopConnect" device. This is
pictured on packaging as a USB device designed to be plugged into
equipment for purposes of making a 3G broadband Internet
connection. Second, investigators found a box for a wireless
Netgear .3G Mobile broadband Wireless Router. Instruction sheets
accompanying this Netgear device illustrate that it was designed to
be connected to a "3G USB Modem," among other types of connections.
Packaging labels found with these boxes bore the name of ''Timothy
Russell" and were addressed to 901 North 9th Street, Ste 306,
Milwaukee, WI 53233-1425." The John Doe Judge issued a subpoena for
the AT&T records of Timothy Russell and I have examined the
records that AT&T produced. These records show that Russell was
paying for a device with wireless numbers matching the AT&T
"USBConnect" "LaptopConnect" device described immediately above and
the records show a "Service Start Date" of October 16, 2009.10
The unofficial e-mail system was routinely used by selected
insiders within the Walker administration. The existence of this
e-mail system, which was based on personal Internet e-mail accounts
and was used both for official and unofficial purposes, was never
disclosed to county employees outside a closely held group within
the Walker administration.
In fact, even though the secret e-mail system was used for
business purposes which could have and which did include
communications within the scope of Open Records requests, the
existence of the system was never disclosed to Laurie Panella, the
Acting Director of the Information Management Services Division.
Panella was responsible for gathering all relevant e-mails in
response to Open Records requests and she was part of an Open
Records Committee that
8 This statement is based upon the information developed in the
course of the execution of a Search Warrant by Milwaukee County DA
investigators including the seizure of Rindfleish's laptop
computer, an examination of that laptop computer, and statements of
other County Executive office employees. 9 In his testimony before
the John Doe Judge, former county employee Jon Myhre, a Policy
Analyst for the County Executive in March and April of 2010,
testified that Rindfleisch used a router device that allowed for a
connection between a laptop and the Internet. He stated that he had
assisted Kelly on at least one occasion with a router malfunction.
10 The equipment itself was not found. At the time the search
warrant was executed, Ms. Rindfleisch's laptop was found "tethered"
to her cell phone.
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 117
-
Kelly M. Rindfleisch, DOB: Page 15
had been formed to respond to Open Record requests submitted to
the Walker administration in May 2010. Panella testified that
although it would have been important for her to know about such a
private e-mail system, it was never disclosed to her. See Appendix
B.
c. Between February and Julv 2010, besides fundraising for Brett
Davis. Rindfleisch otherwise spent significant .periods of county
time on communications with the Friends of Scott Walker campaign
committee.
Besides raising funds for Brett Davis, Kelly Rindfleisch
maintained regular contact with the Friends of Scott Walker
campaign committee. Identified within the [email protected]
e-mail account seized by virtue of a John Doe search warrant, for
the time period of February 3, 2010 to July 9, 2010 (excluding
weekends, holidays and off-time) during standard business hours
(8:00 a.m. and 5:00 p.m.), the John Doe investigation has
identified in excess of 1,000 e-mails on which either campaign
manager Keith Gilkes, deputy campaign manager Stephan Thompson or
campaign communications director Jill Bader was a sender or
recipient. In other words, on more than 1,000 occasions between
February and July 2010, Rindfleisch either sent e-mails to Gilkes,
Bader or Thompson or she received an e-mail which was also received
by either Gilkes, Bader or Thompson. This averages to about 10.8
such e-
" mails per day, with a maximum number of 7 4 such e-mails on
April 29, 2010. Because Ms. Rindfleisch communicated with other
campaign representatives (but on a less frequent basis), these
numbers are illustrative and do not conclusively summarize e-mails
on which Ms. Rindfleisch was either the sender or a recipient.
d. The Contract to Raise Funds for Brett Davis and Conference
Calls with the Davis Campaign Committee.
The contract between Rindfleisch and Brett Davis for fund
raising services itself was exchanged via e-mail on Thursday
February 4, 2010 at 3:40 p.m., with Rindfleisch sending the
contract to Davis using her kmrindfleisch @gmail.com account.
According to the terms of that contract, Rindfleisch was to be paid
$1,000 per month. A review of Ms. Rindfleisch's bank records,
obtained by virtue of a subpoena issued by the John Doe Judge
indicate that a sum total of
From: To: Subject: Date:
ernjly@mtehrettdayjs com4. rel'vk u5@vabnp mm~ "Brett Dayjf' RE:
Funds call Wednesday, February 03, 2010 3:'!0:30 PM
Call In Number: (218) 862-1300 code:156235
From: [email protected]
[mallto:[email protected]] Sent: Wednesday, February 03,
2010 3:30 PM To: relly"[email protected]; Mark Graul; Brett Davis
Subject: Funds call
Gall is set for 2:00, this Friday afternoon.
Mark, could you please provide us with a call-in number?
thanks .all! $5,000 was deposited .._ ___________________ ..
into Rindfleisch's Figure 7
R-Ap. 118
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 16
account paid to her by the Brett Davis campaign committee.
While many of the communications concerning fund raising were
accomplished by Ms. Rindfleisch using e-mail, she also particiBated
in conference calls with other members of the campaign. See Figure
7. 1
e. To Raise Funds for Brett Davis. Rindfleisch dealt with
multiple different fundraiser hosts while she was in the County
Executive's Office.
As part of the John Doe investigation, a number of fund raiser
hosts and fundraiser facilitators who dealt with Kelly Rindfleisch
gave statements before the John Doe Judge. Fromi Kelly iado.om
These persons !:~tt o.is Evnt included Ms. Candee o ... , Fridy,
Mardi 19, 2010 Ml:os AM Arndt, Ms. Crystal Berg, Ms. Patty DeGraff,
Ms. Bronwyn Glojek, Mr. Michael Huebsch, Ms. Kathy Kiernan, Mr. Tim
Lightner, Mr. Steve Peotter and Dr. Barrett Straub. Mr. Jason
Thompson, the Treasurer for the campaign committee Brett Davis for
Lt. Governor and a fundraiser host, also gave a statement to
investigators. These individuals have confirmed their dealings with
Ms. Rindfleisch during regular business hours, although they
generally stated they were unaware that she worked in the Office of
the Milwaukee County Executive.
Attachments: Washincib::>n,xls
Hi Chrystal - I have attached a potential host list. If you
could take a look at it and add people that are missing, that would
be great
Figure 9
From: 'r .. Sqbje,ct: i>m.: At.tachrqents:
KeUy Bjnd!lei5di
RE;E~t
Tuesday:, April 061 l010 10:06i'48 AM f)reqon.xls
Hi Steve- I have attached a list of donors in Oregon. It's
ab1>ut 100 people,
Let me know if you have any questions.
From: Brett Davis [mailto:[email protected]] Sent:
Tuesday, April 06, 2010 8:53 AM To: 'Kelly Rindfleisch' Cc: 'Steve
Peotter' Subject: RE: Event
Kelly,
My friend Steve Peotter is going to host a fund raiser in Oregon
for me with the goal of raising $3,000. Right now we're thinking
Monday, May24,butthat date is not officially set yet can you
put together a list of Oregon donors that Steve can work off of?
You can e-mail hint directly at the address I cc'd in this
e-mail.
Thanks!
Brett
Figure 8
11 Figure 7 was obtained by virtue of a John Doe Search Warrant
served on the Yahoo account of rellyk [email protected]. Doe witness
James Villa identifies this moniker "rellyk_us" as belonging to
Kelly Rindfleisch.
i{o
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 119
-
Kelly M. Rindfleisch, DOB: Page 17
With all of these individuals, as a general practice, Ms.
Rindfleisch followed the same pattern of interaction. Initial
contact usually took the form of sharing a list of potential
donors. See Figure 9,12 Figure 8,13 and Figure 10.14
fl'om: To; Subje
-
Kelly M. Rindfleisch, DOB:
J:mm1 T C
-
Kelly M. Rindfleisch, DOB:
From: ro: Subject: Date: Attachmenbl:
Kelly Qjndflejg;b 11 Rmnwyn GJgiek11
RE: Fundraiser Tuesday, April 201 2010 8:01:04 AM Waukesha
Invite.cdf
Page 19
Bronwyn -here is the invite with the changes you requested. Let
me know what you think.
Thanks, Kelly
Figure 13
I The Glojeks & Cohosts Invite you to a11. Hors d'oeuv:res
Reception in support of
Figure 14
Brett Davis C8.ndi4ft,fe for Lieterumt Governor
Monday, May 17 5:30pm ,. 7 :30 pm
Piano Blu 179 West Wisconsin Avenue
Pewaukee, Wisconsin
All contributions gratefully accepted Suggested Donation:
$50
The Tables set forth below are a compilation of Kelly
Rindfleisch's fundraising activities for chosen dates.17 The "Date"
column records the date of the activity .. The "Time" column
records the time of the activity. The "Activity'' column describes
the nature of the activity. Specifically, the terrn "Parking" means
the entry into or exit from the MacArthur Square Parking lot. "Key
Card" indicates a swipe of a key carder reader, indicating access
to a part of the Courthouse Complex. "E-Mail" refers to an e-mail
sent or received by Ms. Rindfleisch on her
17 The e-mails in the Tables below are taken from the Gmail
account of Kelly Rindfleisch, [email protected], as obtained
by a Search Warrant issued by the John Doe Judge. The text of the
e-mails in the tables is copied in a form substantially identical
to the text of the original e-mail. Personal identifying
information such as addresses, phone numbers and e-mail addresses
for persons peripherally involved in this investigation have been
redacted.
R-Ap. 122
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 20
private account, [email protected]. "LN" refers to a Lotus
Notes e-mail sent by Kelly Rindfleisch using the official Milwaukee
County Lotus Notes system. "Chat" refers to Chat Text identified on
the Rindfleisch laptop that was seized at her office on November 1.
2010. "Phone" refers to a phone call.
------~-- --~ ~-~~~ -~- - - -- ~~-- ~ fi!l9&Wlii!iliit
iiiikifi ~ -~-:J ____ _j~~!'_~ll1L _____ l_IN
P~_r:~ir:i~L----------------------------------------------------------1
---~-~~~---~~~~~~--~---~
I 4/12/2010 6:57 ! Key Card I Access to County Executive Offices
I I 4/12/2010 10:20 : E-Mail I KR to Jennifer Holzmann, Werwie: Hi
Jennie - I wanted to thank I I I I you again for all your help with
the fundraiser. I heard it was a I
i I wonderful event and was well attended. I I - i I' I Any
expenses you incurred for the event need to be reported as II I I
an in-kind contribution on Brett's report. I know there was a
trade- i i I out for the food and beverages (which would be
reported), but I ! i I wasn't sure if you had any other
expenses.
:I! i If you could shoot me, or Cullen, an e-mail with the
expenses so 1 they can be reported, that would be wonderful. I want
to make
I I sure we don't miss anything. ! I I I Thanks again, I
---------L---------------~
K~y_--------------------------------------------------------------------------------------------1
10:35 I E-Mail I Jennifer Holzmann to KR: Thanks for your
assistance Kelly as I
I 1 well! i 1 I I
I I
I
l __ I 411212010 I
I I will see if the caterer charges exceed the credit we had
with ! j them. I
I Do you have any idea how successful the event was? I , I
I , ! l 0 I Jenn - I !----------------- ----------..
---T----------;--------------r--:-_;----------;----------------..
----;-----------------------------;------~ i 4/12/2010 10:38 !
E-Mail i KR to Jennifer Holzmann: I think the total was close to
$4,000 1f I
l--411"272010-~-1-1:39----[-E=Maif-
-----l--S~~~-~~~uTz~fo!~R~}~\t:~~11~{~;;~~~~~~~f 1
-
Kelly M. Rindfleisch, DOB: Page 21
! 4/12/2010 13:58 i E-Mail i Davis to KR: About 12 people total.
Good grass roots folks. i j---------------
---------------------------t---------------------------------------------------------------------------
I 4/12/2010 14:01 i E-Mail i KR to Davis: Lunch events are really
hard. Not many people i l---------------- __________ J
____________________ l_~~ll:!.U_y_~tend,_ ______________ _:_
_________________________________ ~ i 4/12/2010 . 14:06 ! E-Mail ;
Davis to KR: Still have to check the PO Box but we've raised i I I
i I $2,080 for the green bay event so far. Collecting for hosts
needed j l I too. I 4/12/2010 14:13 l E-Mail ! KR to Davis: Were
you able to make any calls for the La Crosse i f-4H21201-1f
14::n----h~=fiA-an-------------J-5~r~~~Rif9~g-~:~~-~a~~--~~~~1~;a~~fg~:~~o~=~Ey~f
~;e~~--i f-471212iffif- --:f4:2o-----~E:--=--rV1aii------------1
~~1~1~a-~i~ti do-n'Hfi"iii_ists:a-?i>-etfzers ____ -1 I I ! I
are served and the event is ~ree. O~ the day of the big tea party
[
bm~1~crn~:~IJ~4:~!~~~-~faE~~Ic~=~-~===tK~y~:8~i;~~~~~~~[~~~(~l~~~l~t~~~u~~~IT~A~1~~jfi~L=j
~I
R-Ap. 124
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 22
l--4ff212010+14:so---+E=-Mail-------I
~~t~~:~1~-~~~r~~~1~a1t~~~~~~s~!-%-~~~t~~\!ij~filvitesto_r_~ I J I
them. Could you do that? I I I I I ' I i Crystal Berg \
I ' I xxxxxxxxxxx '
Ii
i II.I I Hartford, WI 53027 I [ Kathy Kiernan
I. I I I xxxxxxxxxxx I i i Richfield, WI 53076 i
L I :I~ I II ---------+----+------ I Sorry about that. .. 1
4/12/2010 14:54 ! E-Mail_ I Davis to KR re having Werwie find a
date that works: Thanks I 4/12/2010 14:57 I E-Mail I Kathleen
Kiernan to KR re updates to RSVP list for 04/19 Davis I
L _ i i fundraiser: Thank you Kelly - Kathy 1[
I 4/12/2010 15:12 i LN ! Lotus Notes sent I 4/12/2010 15:16 I
E-Mail j Werwie to KR re 30 invites for 04/19 Davis fundraiser: No
worries- i I l i I'll send them out right away. - i i 4/12/2010
15:17 I E-Mail I KR to Werwie re sending 30 invites for 04/19 Davis
fund raiser: :_i I 1 i Thanks! 1 !----------------
-----------------------------------,------------------------------------------------------------------------------
1 4/12/2010 15:29 I E-Mail i Bronwyn Glojek to KR re mock up invite
for 05/17 Davis !
l-4ff212010-f--fs:3a-+"E~M'aTI----------\--~17
-
Kelly M. Rindfleisch, DOB: Page 23
-- -I 411412010 '7:28 I E-Mail
!
KR to Davis: He gave me six names and asked if you'd talked to I
them. 4 of the 6 were on your big donor call list.
1
1 I !
I
i
Jon Litscher Fred Luber (on list) Bill McCoshen Jack McKeithan
(on list) Tim Michels (on list) Ed Mooney (on list)
' Hopefully, he will make the calls to those that were on the
list and I 1 at least get them to take your call. J 4/14/2010 i
7:37 E-Mail KR to Werwie: Hi Cullen - do you know if Brett ever met
with Mary
k.1~~.,--~~!i;;;;.%:;;:;;:~~~;;;_~ l------------------ _ _j__
____ ~ ______________ Jb_~_l!19!_f!il.:19: _________________
------------------------------------------------------------!
4/14/2010 i 7:55 Chat veha06: I talked to Brett I 4/14/201 O ! 8:42
--E-Mail Werwie to KR: He hasn't, do you have contact for her? If
you give ! I it to me I can set it uo. l 4/14/2010 8:45 I E-Mail
Werwie to KR: Brett forwarded this to us just to provide us with an
1 update on his end on the events he has had and his goals for I
future events.
I I I 8:5o
I
i 4/14/2010
I
E-Mail
I'm going to be working to setup dates for the potential
fundraisers ASAP. I'll keep you in the loop. Kathleen Kiernan to KR
Werwie cc Crystal Berg: Kelly & Cullen
Crystal & I are wondering if it's possible for us to have
the list of who you sent invitations to for our fundraiser on April
19. We are both giving the extras to potential supporters, but we
found a few people said they already got them.
Thanks,
I I
I
I,
Kathy & Crystal I / ps ... Cullen ... will you be attending?
--J I 9:55 E-Mail Werwie to KR: Kelly- r-h nf I I I've sat down
over the last few days and ran through a bunch of 1 l!
I fund raising stuff with Brett. Do you have a half hour this
afternoon ' I to touch base over the phone to run through a few
things? If so I !, I
1
just let shoot me an email and let me know what time works for )
you. My cell# is 414-XXX-XXXX. Thanks-
L_ __________________ j _____ ---~------- ________ _Gullt:i_~--
___________________________________________
-------------------------------------! 4/14/2010 ! 10:00 I E-Mail
Davis to KR: Barrett Straub wants to talk with you about the I I j
! ozaukee event may 13. He's going to be at the airport tomorrow. J
i I I Not sure what time but his # is 414- XXX-XXXX if it shows up
on J I i ,_ caller I'd. _J
1:::-+:+;;;.-~~~ii~;;,:~:~~~~~'1:'_~ [_ _________________ ,
________ _J__________________ --- --- --- -- -- -------- ----- ---
- ---
-------------------------------------------------------------'
14/14/2010 !
R-Ap. 126
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 24
~,~2010 [112ofrn~- 1 P.~~~!i~~E,~~~:h~~~!~~)~~!,~~:=~~~ . I the
crossover.
1 1 I
I : j But I'm glad to hear people :r:_~:~t'.:~-~~~~es instead of
not J
; : 1 _______ QiQ_y_Q~get a chance to ask him about the
contract. __J [ 4/14/2010 ifi:56 J E-Mail KR to Davis: Tomorrow is
clear for me, so I'll make sure I have my I
l I phone with me the whole time. i ! [ I-Jus_qo c!a_r~y.
h_e'll_call_ m_ei w,hen be's cit!he_airpg_rt, rigllt~ _ __ __ J
4/14/2010 T11:56 E-Mail Werwie to KR: 2:00 works for me. I did
talk to him. He wants to I i renew, but he forgot it at his house.
He promised that he'd fill it I
i 411412010 h1057 TMall
~~~~ii:1}~~:r~;;:o~~::~;;:;~;;;;;":::~=n=:~ j : i just wanted to
make sure he hadn't changed his mind. I
i I I Thanks!! I - ----- ---- - -- ----- -- -,------ --- ---- -
---------- -- ------- -- -- ----------- ------ ------ -- ----------
--- --- ------------------------------- ------- ------
------------- ----- --- -1
l~;;,:~~ t: :.::+:;::;~H ~ii~[ ~~~;,.;,;~ii~J~~~w~;;~;;;~:~d-~ 1
! 4/14/2010 i 11 :59 1 E-Mail KR to Davis re Barrett Straub
contact: Ok. I [ __ -~7Hl?,c)j(j-_J:I?:~T]Iff=:-=-- __
hO!ljs__f\JQ!eis_ s_~nc_-_:::::::--- - ___ ---- :_-_________
------. :_:-:::_:- J I 4/14/2010 I 12:36 i E-Mail KR to Werwie:
Cullen - we could do the phone call now if you \ 1 I i wanted. I t
4/14/2010 [ 12:381 E-Mail __ Y'!E'l~iE'lt
-
Kelly M. Rindfleisch, DOB: Page 25
I
following: 1. Host calls 2. Host cutoff and 3. Invite out, so
for each event we would simply fill in the date that it needs to be
done by.
I think that makes the most sense. Let me know what you think. ,
I
! i Thanks for your help with
this-1-------------------f------------ --------------------
~-~-------------------------------.-----
----------------------------------! 4/14/2010 1 14:39 I E-Mail KR
to Werwie with Attached "FR schedule.xlsx" (9KB): Maybe I [_
471472515---+1~F44--f--E--~faii _____ ----
---~~~f~t~~~~~J~~~~~-*~~~f~1~~ci~~i~~~-~1~t'fuhr~~~~Jj%~~~~-----
8pm. She is going to put the invite together, put together the
invite list, and get all of the hosts. She said the only thing we
will need to do is mail out the invites. She said she doesn't want
Brett to "invite" too many of his friends, because she doesn't want
this to be a "big" event. With that said I told her you'd be
contacting her (email: [email protected], cell: 262-XXX-XXXX)
just to see if there is anything we can provide assistance with.
Brett seems confident that Candee will be able to put this whole
event together by herself. So we won't need Brett to make host
calls for this event and Candee is adamant that she wants to design
the invite. I'm going to keep in touch with Candee just to make
sure this event moves forward as planned. With that said, if you
could put together the list of people you think we should invite to
this event, I'd like to have further conversations with her to see
if she'll let us invite people through our standard list
building/mailing process. While it is her house and she totally has
a right not to want boatloads of people there, in my eyes, there is
no such thing as a bad "big" event. So once I have my hands on that
list I may either try to convince her it'll be a good thing to
invite all of these people, or have Brett make the sale.
I hope that makes sense-'II
1 .. 1--4ii'4i201 o- ;li_i ,. -~ f
~:~!~l~Ef;=:~=r=-~;-1~~~~~~~~:~-----answering machine and no one
picked up.
! I Thanks-! i Cullen !--------------------------~-------------
------------------
--------------------------------------------------------------------
------------------------------------------------------- ----
------------! 4/14/2010 f 15:06 E-Mail Werwie to KR: This is
perfect. Thanks. I can send you a reminder i but if you could email
me an .updated ! spreadsheet every Friday, so that I know I have an
updated one
1 ! I for every Sunday meeting I have
[-4H412010---hs:33- E~Mail -------
-~!:l~i-~!~~~~~~~~~~~c!~~~!~~~~i;~~;~1~~~~~~!he-------1 j i returns
so you can clean up your lists or should we just toss them I
\__________ _ _______ j__________ ------------
-~~.~ea~~:~:~~~--------------------------------------------------------------j
It 4/14/2010 i 16:09 E-Mail Werwie to KR Sorry for the rash of
emails this afternoon, I want to
make sure I have stuff correct on the calendar. Just two quick I
questions-L _____ _j_ ------------
R-Ap. 128
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 26
I'
-Am I correct in saying that the Waukesha/Glojek event has been
set in stone, and the fundraising process has begun? It is marked
on Brett's calendar as tentative, and I want to make sure I
don't
\ drop the ball on confirming a date.
! -The Ozaukee event on May 13th is also marked on Brett's I
calendar as "Need Details from Barrett." Has this date been i
finalized? Do I need to confirm anything or follow-up with
Barrett?
'''I
I Once we get to the point where I'll be scheduling all of these
and getting you dates it'll be easier for me to keep track of where
we
I are at with all of these. Thanks-l__ !
--+l_C~u~ll~e~n---~--~---~-------~---,--1 i 4/14/201 O i 16:36
E-Mail KR to Werwie: You have to be careful with Candee. She does a
lot ' I of events and is very politically involved. I will contact
her and feel i ! her out on it. I'm inclined to just let her do it
her way. She LOVES I!
!.'
111
1 Brett and will be extremely helpful with any events we do in
Waukesha. We just need to find someone there willing to do a big
event.
i 4/14/2010 ! 16:37 E-Mail KR to Werwie re phone number for Casi
Murphy: Cullen- I don't ! ! have it. I can do some searching
through lists I have to see if I can I _____ - -- ----- -t------ -
- --- ____ .. _,, ___ ..
.f.!!!c:l_.i!~---------------------------------.. --------..
------.. ------... ! 4/14/2010 I 16:38 E-Mail KR to Werwie re
weekly spreadsheet updates: Not a problem. You [_ __ ------ _ J_
_______________ !!l~Y._h~ve ~.!~111.!.r:ic:l_i:!!E!!_ l!_aj I
wil~,9~ !J!YJ>.~~L _____________ _ I 4114/2010 116:41 E-Mail KR
to Werwie re bad address returns: Yah, if you could get them
L47141201cl'-.. J-.. 15:44-- --E=Mafi .. ______
~:!~;!!~I!:~~~~~~~i:n~ds~tr1~~;-r~~~~r~:~~
-
Kelly M. Rindfleisch, DOB: Page 27
' I need to do anything to help move this event along let me
know, otherwise let's make sure we set some target dates set like
we J discussed this morning, if possible by Sunday so I can show
Brett
i l ----------- ~~-'.~~_!!!~~!!9J_QrwarQ .. ~th ~he~~~ent~ _
_I~!:,l_k_~-------.. ------.. l-471.47201o--nT33 E-Mail KR to
Werwie re "Oregon/Steve Peotter event" on 05/24: I'll get in I J
touch with him ASAP. That one is already on the schedule for due
GtT472010--111:42- -Parkin ____ --~d~~P8-r1
-
Kelly M. Rindfleisch, DOB: . Page 28
4/16/2010 E-Mail
So, unless you feel differently (as I said, I hemmed and hawed),
Brett doesn't need to make calls for the hosts. Mark Graul to
Werwie KR re Werwie's request for Dick
1-------1---,--1------+--L_ei_n_enkugel's contact info:
1-800-JIM-DOYLE, _________ ...; 4/16/2010
4/16/2010
4/16/2010 4/16/2010 4/16/2010 4/16/2010
4/16/2010
4/16/2010
4/16/2010
4/16/2010
4/16/2010
4/16/2010
4/16/2010 I 4/16/2010
E-Mail
E-Mail
14:27 LN 14:59 LN 15:17 LN
i 15:251 E-Mail
I I
15:28 E-Mail
15:47 I E-Mail
16:02 E-Mail
116:20 I E-Mail 16:29 E-Mail
, 16:29 E-Mail
16:34 LN
16:431 E-Mall-
KR to Mark Graul Werwie re Werwie's request for Dick Leinenku
el's contact info: Ok, that made me laugh. KR to Mark Graul Werwie
re Werwie's request for Dick Leinenkugel's contact info: You could
try Jason Thompson, if you can get ahold of him.
[email protected] Lotus Notes Sent Lotus Notes Sent Lotus
Notes Sent Kathleen Kiernan to KR Crystal Berg: I know that the
following people are coming ... will bring checks with them: Betty
Kalaher, Paul & Joanelle Klumb .... I know Harders are coming
... I forgot what she told me about their check. Carolyn & Tony
Turner are coming. Did you do a spreadsheet for returned rsvp's?
Kath KR to Kathleen Kiernan Crystal Berg re RSVP spreadsheet for
04/19 Davis fundraiser: I haven't. The responses go to Cullen. I
can ask him if he can put one together. KR to Werwie with Attached
'Washington.xlsx" (45KB): Attached is the invite list for the
Berg/Kiernan event. Kathy asked if I would keep a spreadsheet of
responses. So, can you mark what you have and send it back? I'm
sorry to do that to you. OR, you can send me a list. Whichever is
less painful. Werwie to KR re RSVP spreadsheet for 04/19 Davis
fundraiser: Sure, I can update it. I'm going to be out of town all
weekend with Brett traveling the north part of the state. So the
only update I can give Kathy will be on Monday. Kathleen Kiernan to
KR and Crystal Berg: Sorry to be pesty, but
I I'm just used to keeping track of our events in our county.
Besides, I'll erha s do a few follow-u calls. KR to Werwie re
Werwie updating 04/19 fundraiser RSVP spreadsheet: That will work.
KR to Kathleen Kiernan Crystal Berg re 04/19 fundraiser RSVP
spreadsheet I'll have Cullen get you something. Lotus Notes sent
Crystal Berg to Kathleen Kiernan KR: I got $100 from Marie Schmidt
today in the mail.
This is oin to be fun. 4/16/201 O 17:05 Parking OUT Parking
Table~2o--'----'-----=---'----~'--------------------~
20 Table 3 reflects only fundraising-related e-mails. In
addition to these e-mails, Ms. Rindfleisch also sent or received
six e-mails from County Executive staff members. Additionally, her
account included two e-mails which she either sent to, received
from or was a recipient with persons associated with the campaign
committee, Friends of Scott Walker.
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
R-Ap. 131
-
Kelly M. Rindfleisch, DOB: Page 29
[3~~~~~~--r---~~~+-k-~~~&~rd--+~c!e~~T!-ta-u-n1Y-Executrve-001ce-5--------------------.
----------1 I 4/20/2010 I 7:05 i E-Mail '\, KR to Fundraiser Host
Barrett Straub: Hi Barrett- I am hoping to 1' j i get the invites
out for the event on Monday, April 26. I was hoping . i I ! : you
could get the list of hosts to me by that Sunday night (April 25)
!
I I I and I can put together the invite for you to approve. I I
I I I I 1-4120120-:nr - ----7:14+-~~ra:n __ c ______
+R~ffi~f:~~%i~~~-H~~p-~~~~~~fii~-~~J~'%nwyn-~-rwa5-9oin9---J 1 I I
over the timeline for the event. Is it possible for you to get me
the I ! ! 1 h~st list by Frid~y? It is g~ing to take ? few days to
get the invite , I I I printed and I'd like to get 1t out by April
28 and I want to get your I
.'I
I approval for it. I Also, is there a specific printer you want
to use? Let me know your I
-+-------+------ I tho!:l_ghts. -----------,..-,..------------;
!4720/2010 7:15 i E-Mail I KR to Fundraiser Host Steve Peotter: Hi
Steve - I'm going over
i I the timeline on events. Is it possible for you to get me the
host list i ! by April 30? Then I can refine the invite and get it
to you for
' approval and send any invites out that need to go by mail by
May 3.
L I Let me know your thoug~h_ts_------------------< 11
4/20/2010 7:32 i E-Mail ! KR to Fundraiser Hosts Crystal Berg
and Kathy Kiernan: Kathy & I, II Crystal - I am so sorry about
the missing people. I figured out i .I what happened. I did add the
extra list that Kathy sent to my I master list. What I didn't do
was mark them so they would come
I I up on my list for Washington County. It was totally my fault
and I
'Ill.I
! I feel terrible. I should have sent you the list to look
through before I I sent out the invites. I apologize. I knew I had
added the list, but couldn't figure out why they wouldn't have
gotten invites.
L ! I 1 hope the event went well even with my mistake. 1
I :a:;:f- _;;;,+::-H-~~~~-~;;~~;"'.:"~~ l 4/20/2010 7:34 I
E-Mail ! KR to Kathleen Kiernan, Crystal Berg cc Werwie: Kathy
& Crystal i I i I - I am so sorry about the missing people. I
figured out what ! I I I happened. I did add the extra list that
Kathy sent to my master list. I I I What I didn't do was mark them
so they would come up on my list
I for Washington County. It was totally my fault and I feel
terrible. I I should have sent you the list to look through before
I sent out the
invites. I apologize. I knew I had added the list, but couldn't
figure out why they wouldn't have gotten invites.
I hope the event went well even with my mistake.
Thanks for all of your help,
R-Ap. 132
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 30
I 4/20/2010 I !
8:17 \ E-Mail i KR to Brett Davis and Werwie with Attached
"April Invoice.dot" ! (40KB): Forwarding her invoice for
fundraising servic.e_s_. ____ --1
14/20/2010 9:09 ! E-Mail
I t------------------------L----
--------------1----------------- .. -1412012010 I 9:14 l E-Mail
) Bronwyn Glojek to KR: This looks great! I know we are kind of
in a ! i crunch, but we told our cohosts to get back to us no later
than ' I April 25 so I think we have to wait until Monday after the
mail. I Sorry about that. I do know we need to get the invitations
out l quickly. I will email you the names on Monday. We have no
ideas I about printers so if you have one in mind that would be
good. Let j us know the cost. Another question: can we print return
i envelopes addressed to Brett Davis for Lieutenant Governor c/o i
Bronwyn Glojek, XXXXXXXXXX, Pewaukee, WI 53072 so I can I keep
track of approximate numbers or is that not done? Do you ! have a
list of people you think should be invited - we would be j happy to
add them to our list.
I 1 know this is a tight timeline, but our times in May were
limited i because of the state convention and then we have a grand
baby I due in Montana the end of the May. Candee's fundraiser is in
! June so we are scrambling! . . .. .. .. . .... T
RFfto-8ron\VYn.8iC>}er
-
Kelly M. Rindfleisch, DOB: Page 31
i Would you be willing to do another phone call at some point
next i week so we can discuss Mark's ideas? Let me know what
works
i I best for you. Thanks i 4/20/2010 10:51 ! E-Mail I Bronwyn
Glojek to KR re sending fundraiser invites: Could you II ! i send
us the entire list and maybe we could pare it down by i ! location
and people we know. What is the typical response rate k- . ' for
this kind of event? Do ou have an avera e numbers? 1 ! 4/20/2010
10:53 i E-Mail l Werwie to KR re backlog of checks. We have a huge
backlog of 1
1 l 1 I I checks that need to be electronically entered and
tracked. I'll give 1 -----.. ----1------j_ ___________ J_~~lc~
~IL~~-~~el~~;~-~~f~~:.. ~~;~~~~~-~-:~~-:~:~r~~:~~- _J
I 4/20/2010 10:56 i E-Mail I KR to Werwie re phone call:
Tuesdays are always betterfor me, I I I 1 but next week, Thursday
would work also. I also am on furlough 1 I ! on Friday, so I could
do it any time that day. Let me know what I
f-412w2ofo-j--1a:s--r:+-E::Mair---f -R~~~~!~-~~~ ~~rc~~~N~Ggp~~~~~~
!~fai~ understari_r:1_3\
R-Ap. 134
State v. Kelly M. Rindfleisch, Appeal No. 2013AP362-CR
-
Kelly M. Rindfleisch, DOB: Page 32
11 a tough host team but we ask no more from those we work
with
than we give ourselves. The event is more than just gathering 1
people ... it is putting ourselves & our reputation on the line
for a j candidate that we believe in. We have to get it right
because as
1 'I community leaders, we will need to tap into those people
again I , and so far, they have trusted us enough to give
serious
1,1:
1 I consideration to what we say. ! Brett Davis is a great
candidate but, as you know, his field is I crowded with other
candidates who are 'marketing' themselves so
each time you reach out on his behalf it must begin with a
product I that oozes pride for Brett, his values and his ability to
step into
whatever role Scott Walker will want the Lt. Gov to play. Begin
1 with an invitation that boldly informs the invitee of a
'EVENT
i 1 INVITE' on the envelope and a message that causes people
to
l.'i
l I take notice, be curious and anticipate attending ... this
sets the bar , for expectations and in many cases is the first
contact Brett will ! have with people. Make it a great impression.
The mailing list
I I also tells people a story about the candidate ... if a
household gets l I multiple invites, the addressee is deceased,
name misspelled, I ! needless to say, it reflects badly on Brett.
People don't take time
lli
l I I to realize it is 'staff or volunteers making these
decisions. ! I We would be happy to discuss some host 'tips' to
make the I i I process of introducing Brett through events clearer,
stronger and !
! 4hol2-o1o ---T1-:34-j-"E.:Maii- -- --t1
- ~~~w~~~~recrystai-Ber9-e-=-mail: o'k~rm going-to takea ____
--1 i i breath and then decide if it's prudent to respond to
Crystal. I love i
)-472oi2a1a
------r1:39--f-E:Maii--------1-~~~~~~P~J~idi~~~~~~f~P~~~~tes--ro--ore9an------j
i t ! ' ber amont event": FYI I 8[?::q7_~_Q!Q. ______
tl~i~JE.~.M~!.________ We_l!':'J_~~_ISB..!:._~_g~-!~J __
~~r~~-maJ!: I to~!IY u_r:i_cl_ers!~.1.:. __ --=:=) i 4/20/2010 11
:49 i E-fvlail , Bronwyn Glojek to KR: Do you have a list of people
who have I I I I signed up to specifically support Brett (not
necessarily in ! ! I / Pewaukee - it could be all of the western
suburbs)? Would it be I
l 1 a ro riate for us to use that list instead? 4/20/201 O 12:13
i E-Mail 1 KR to Bronwyn Glojek re list for Davis support in
western suburbs: i
I l I Absolutely. Let me see what I have. : ........ ________
,,, .. ,_, ______ ,, _______ ,,,, _____________ ,,! _______ ..
________________________________________ ,, _____________ ..
_______ ,,, ________ _ Ii 4/20/201 O 13:31 J E-Mail 1 KR to Bronwyn
Glojek re list for Davis support in western suburbs: J , l I I
looked through Brett's list and because he's never had an event I l
I i i in Waukesha, there wasn't anyone that has given him money. I
I ! 1 I I know Cullen is behind in entering checks, but I don't
think there'd i : I I be much in what he hasn't entered. Let me
think about where else I i-4}2012610 --13;33 h~-:Mar--- --ti
~1:~o't>~~taf Berg re-BrettDavis events: Any'hosr"tips"you can--
-I j I 1 ' : _ -------------- ________ --1----- --- ------~P!-9~~~
WO_l!~-~~-gr~~t, _______________________________________________ J
I 4/20/2010 13:34 , E-Mail
1
. Werwie to KR re Huebsch event: FYI-We're looking at having the
I ! ! Rep. Huebsch event on June 7th. I'm confirming the location,
i i 1 which should be done in the next day or two. I'll let you
know what I '-------------------- __ , _________________ L
__________ -----j-_Jb~J~_Q_C?D~---~-~~-~e
~-~!!__l!!~~-fC?.~rQ_!~-~~~Y~L(~g_~J_~J~.--------~ l 4/20/201 O
13:36 i E-Mail 1 KR to Werwie re Huebsch event: Wonderful. I know
all the Lt. Gov. I / I stuff is being done in complete campaigns.
Do you have Brett's L . ; I donor list for the Assembly? , /
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-
Kelly M. Rindfleisch, DOB: Page 33
i Even the people who sign up at the events - I think to be on a
1 i mailing list???? _ ! 4/20/2010 13:42 i E-Mail I Werwie to KR re
Davis donor list: Yes, it is -in_c_o_m_p_l-et_e_c_a_m_p_a_i_g-ns __
__,i f 4F2012010 -14:21-1-E=rvfott - rwerwie-101
-
Kelly M. Rindfleisch, DOB: Page 34
1-- ____________________ --------------~ ..
----------~.'Y~_l!!l-~~_r:~!!_~_ I JU~t_~~11_!_wa_11t t~p~~-~b_er
of_f_:_ ___________ J I 4/20/201 O 14:55 I E-Mail I Werwie to KR re
Arndt: I'm totally fine with that, whatever you work !
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4/20/2010 15:15 j E-Mail I Access to County Executive Offices j
4/20/201 O 15:52 I E-Mail !I Steve Peotter to KR: We are moving
along nicely with getting 1 1 1 hosts for the event signed up at
the $250 support level. Do I need
I l 4/20/201 o I I
I / to be thinking about any kind of reporting requirements for
donors ! 'i' or any political fund raisers issues? I have not done
this before so
I don't want to do anything incorrectly without knowing it.
, Also, where and to whom should hosts be writing their checks?
15:58 I E-Mail ! KR to Steve Peotter re reporting requirements: The
only
i I requirement is the contribution limit. That's $10,000 for
the Lt. I I Gov. So, I don't think we need to worry about that.
'1'1,.11
1 j With the $250 donation, we will need occupation, employer
and 1
employer address for the report.
I They should write the check to: Brett Davis for Lieutenant , i
Governor
I J I They can send it to:
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Off~~~-------------------------j 1 4/22/201 O 8:02 ! E-Mail ! KR to
Werw1e re new contacts: Cullen - I'll add these to both the I
1-------------- ___________ J _____________ [_b_ig __ Q_Q_nor list
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8:45 I E-Mail I Bronwyn Glojek to KR, Candee Arndt: Kelly, 1 ' i 11
ha~e a question regardin_g our location for the fundraiser. Piano I
11
; , Blu 1s where we are planning to hold the event and they have
put I 1 ! us in the upstairs room which is VERY nice and perfect
for a I I smaller group. The problem is that it is called the
"Rhino Room" I _ and even has a Rhino head on the wall above the
fireplace. I had l I a concern about that and