Judge Orders New Sentence
in OWI Case
By Duke Behnke
Post-Crescent staff writer
OSHKOSH - A 33-year-old former Menasha woman will be resentenced
in a drunken-driving case linked to allegations of illegal or unethical
payments involving attorneys, their clients and a former prosecutor.
Melinda Otto was granted a motion for a new sentence Monday
by Winnebago County Circuit Judge Robert Haase on grounds that a 2001
presentence report on Otto contained inaccurate information.
The defendant is entitled to be sentenced on accurate information,”
Haase said.
Otto, who was not at the hearing Monday, had been sentenced
to three years in prison and 17 years of extended supervision by Winnebago
County Circuit Judge Tom Gritton on two counts of causing injury by intoxicated
use of a vehicle.
She has served 20 months in prison but can be freed on a
$2,500 signature bond until her resentencing Sept. 15.
Otto’s father, Tim Otto of Appleton, said people convicted
of similar crimes have received far lighter sentences.
Maybe she can get a fair sentence this time,” he said.
If she would have had a lot of money, she probably wouldn’t
have did day one” in prison, said her mother, Marie Otto .
Otto alleged that her former defense attorney, Richard Bollenbeck
of Appleton, assured her that she wouldn’t get prison time based
on his friendship with former Winnebago County District Attorney Joe Paulus.
Attorney Tracey Wood,
a Madison lawyer representing Otto, presented a photo of Bollenbeck and
Paulus together that she said Bollenbeck used as a sales pitch.
Bollenbeck invoked his Fifth Amendment rights against self-incrimination
during previous questioning from Wood and Winnebago County Assistant District
Attorney Michael Balskus. Bollenbeck was not in court Monday.
Wood said Bollenbeck also failed to read Otto a presentence
report that included allegations of alcohol and drug use, and drug
trafficking.
She wasn’t read the inaccurate information,” Wood
said. She didn’t know it was there.”
Wood said she and Balskus had agreed to a recommended sentence
for Otto: two years in prison and five years of extended supervision.
Reprinted with permission.
Related Topics:
Attorney Tracey Wood | Drug
Offenses | Wisconsin
Courts
Penalties | Post
Conviction | Sentencing
|
