4 get jail in election day tire slashing
Judge says probation doesn't atone for crime
By MEG JONES
[email protected]
Posted: April 26, 2006
Tossing aside a plea agreement that called for probation, Milwaukee County Circuit Judge Michael B. Brennan sentenced four Democratic Party workers to jail Wednesday for slashing tires on 25 vans rented by Republicans to take voters to polls for the 2004 presidential election.
Calling the vandalism more than harmless hijinks, Brennan admonished the men, including the sons of two prominent Milwaukee politicians, for disenfranchising voters. The judge said he had received letters from county residents upset over the crime.
"They see you tampering with something they consider sacred, and that's the ballot box," Brennan said during a two-hour sentencing.
Michael Pratt, 33, and Lewis Caldwell, 30, were sentenced to six months in jail, while Lavelle Mohammad, 36, got five months and Sowande Omokunde, 26, got four months. Each was also fined $1,000. They have two weeks to report to jail and will be eligible for work release.
Pratt is the son of former Acting Mayor Marvin Pratt, and Omokunde is the son of U.S. Rep. Gwen Moore (D-Wis.).
Because repairs and towing for the damaged vans had exceeded $2,500, the defendants were charged with felony property damage. As the jury in their nationally covered January trial appeared deadlocked, the four defendants agreed to plead no contest to misdemeanor property damage charges. A fifth Kerry-Edwards staffer charged in the case, Justin Howell, 21, turned down the last-minute deal and was acquitted by the jury.
At the time of the pleas, Assistant District Attorney David Feiss said that if the defendants collectively paid $5,317.45 restitution by their sentencing Wednesday - which they did - he would recommend they all get probation. Misdemeanor property damage carries a possible maximum penalty of nine months in jail and a $10,000 fine.
But Brennan said stiffer punishment was needed.
"This case has to be an example of what happens if you interfere in voters' rights," Brennan said.
Outside the courtroom, Marvin Pratt shook his head and mentioned the three fired Milwaukee police officers recently acquitted in the Frank Jude Jr. beating.
"Isn't it funny - in the city of Milwaukee, you can beat a man half to death and get exonerated, and here you've got four men who committed a property crime" sentenced to jail, Pratt said.
Moore said she was not surprised by the sentence but didn't elaborate. "I love my son very much, and I'm proud of him," Moore said. "He's very remorseful, and he's taken responsibility."
Brennan gave Michael Pratt and Caldwell longer terms because they have prior criminal convictions. Pratt was convicted in 1996 in a hazing incident while he was a college student, and Caldwell was convicted of causing injury by drunken driving. Omokunde received the lightest punishment, Brennan said, because of his remorseful remarks during sentencing.
Omokunde, a University of Wisconsin-Milwaukee senior majoring in political science, told the judge that the 2004 presidential election sharply divided America but that no matter how divisive the election, no one had the right to commit vandalism.
"As a child, I was taught honesty by my family and by my teachers. Your honor, I crossed the line," Omokunde said, as his mother watched from the courtroom gallery.
Before Brennan sentenced the defendants, Rick Wiley, executive director of the Republican Party of Wisconsin, told the judge that the crime warranted more than probation. "I think it's kind of a travesty that the defendants here can kind of go on their merry way."
After listening to Brennan sentence the men, Wiley smiled and said, "I think the judge did a great job. I think it's going to deter people in the future" from campaign vandalism.
At the sentencing hearing, defense attorneys and family members described the defendants as good men who made a mistake.
"What appears to have happened was a prank, a silly prank that went too far," said Rodney Cubbie, Pratt's attorney. "This case only got the attention it got because of the parents of some of the defendants."