Any misconduct re-trial for former Assembly Speaker Scott Jensen may not happen for a while, if at all.
The Court of Appeals ruled Scott Jensen should get a new trial because some of his testimony was excluded and the jury got some incorrect legal instructions.
According to Brian Blanchard, the Dane County District Attorney who prosecuted Jensen, the next step is a possible appeal to the state supreme court. But he says that's not his decision. Criminal lawyers at the state Department of Justice will make that call.
But if there is no appeal and the re-trial order stands, Blanchard says they will bring Scott Jensen before a jury again. Based on Thursday's ruling, Blanchard says the second trial will look pretty much like the first.
Scott Jensen's attorney has not yet commented on the ruling.
Jensen was convicted in 2006 on three felony counts of Misconduct in Public Office and one count of Intentional Misuse of Public Position by using state staff and resources to work on election campaigns.
Jensen was the only lawmaker charged in the so-called Capital caucus scandal to go through with a jury trial. The others were convicted on plea deals.