MILWAUKEE COUNTY STATE OF WISCONSIN CIRCUIT COURT IN THE MATTER OF A JOHN DOE PROCEEDING Case No. 10JD00O007 AFFIDAVIT IN SUPPORT OF ENLARGEMENT OF THE SCOPE OF THE JOHN DOE PROCEEDINGS AND APPLICATION FOR THE ISSUANCE OF JOHN DOE SUBPOENAS FILED 1 STATE OF WISCONSIN I ss. I AUG 2 0 MILWAUKEE COUNTY Jill-IN David E. Budde, being first duly sworn on oath, deposes and says Ihat: -- 1. I am the Chief Investigator of the Milwaukee County District Attorney's Office. I am a sworn law enforcement officer as described in previous Affidavits submitted in this John Doe investigation. I am assigned as the District Attorney Investigator acting in support of the above-encaptioned John Doe proceedings. 2. This Application is made to request subpoenas for certain employees of the Information Management Services Division (IMSD) of Milwaukee County. Based upon information I have received, I understand that the persons named below are all employed by the Milwaukee County Information Management Services Division and are the persons best qualified to supply the court with information concerning this investigation. 3. I incorporate by reference all the Applications and Affidavits heretofore submitted to the court in this investigation. 4. Generally speaking, this current request for Subpoenas Duces Tecum is occasioned by the return of a Search Warrant served upon Google Gmail for timrussellwi@qmail.com. This information, received late yesterday afternoon, was reviewed for the first time today. I respectfully submit to the court that I have reviewed the attached Exhibits A tog: taken from Mr. Russell's Gmail account. All of these communications were made at times when Mr. Russell's Ceridian time records indicate Mr. Russell was working as a Milwaukee County employee. Further, I am informed by Mary Ann Grimes, an attorney working with the Office of the Corporation Counsel on behalf of the Department of Administration, that County records show that Tim Russell served as the Deputy Chief of Staff to the County Executive from January 26, 2009, through March 14, 2010. Subsequently, I know that Mr. Russell was assigned as an Administratior in the Department of Health and Human Services. While we are at present preparing papers for a Search Warrant to seize Mr. Russell's county computers, I submit that the attached Exhibits form a basis for Assistant District Attorney Bruce J. Landgraf's Petition for the Enlargement of the Scope of the John Doe Proceedings. 5. The court has previously recognized the value of phone records to this investigation. Such phone records will be potential evidence of conversations of a political and/or campaign nature occurring during the work day of Milwaukee County employees. I am advised that phone records for Milwaukee County phones are available for a twenty--four month period. I submit that phone records attributable to Darlene Wink (414-278-4191) and Tim Russell (414-278-4216 and 414-289-5949) will be valuable information to this investigation. 6. Therefore, in connection with this John Doe investigation, I respectfully request that the court issue the following process for the following reasons: a. Laurie Panella I Subpoena Duces Tecum. For those same reasons identified in connection with the request to preserve Milwaukee County digital data for Darlene Wink, I request that the court issue a Subpoena Duces Tecum for the user data relating to Tim Russell in the custody and control of IMSD and Laurie Panella. b. Ed White I Subpoena Duces Tecum. I request that the court issue a Subpoena Duces Tecum for Mr. Ed White, a person identified to me by Laurie Panella as essential for the provision of the computer data now in the possession of IMSD relating to Tim Russell. c. Tyrone Johnson I Subpoena Duces Tecum. I request that the court issue a Subpoena Duces Tecum for Mr. Tyrone Johnson, a person identified to me by Laurie Panella as essential for the provision of the computer data now in the possession of IMSD relating to Tim Russell. d. Angela Bussing I Subpoena Duces Tecum. I request that the court issue a Subpoena Duces Tecum for Ms. Angela Bussing, a person identified to me by Laurie Panella as essential for the provision of the computer and digital equipment records (as specified in the subpoena) now in the possession of IMSD. e. Deborah Stanford I Subpoena Duces Tecum. I request that the court issue a Subpoena Duces Tecum for Ms. Deborah Stanford, a person identified to me by Laurie Panella as essential for the provision of the phone records now in the possession of IMSD relating to Darlene Wink and Tim Russell. Dated at Milwaukee, Wisconsin this [flay of August 2010. ribed and sworn to before me Wisconsin on ofi:Aflst 2010. KM Notary Public, County State of Wisconsin My commission is permanent. David E. Budde Chief Investigator Milwaukee County District Attorney's Office Re: Yard Signs Subject: Re: Yard Signs From: Tim Russell Date: Mon, 28 Jun 2010 10:52:36 -0500 To: Bruce Redenz CC: Brian Pierick Luke fuller has them for you on the third floor Sent from my iPhone On Jun 28, 2010, at 10:52 AM, "Bruce Redenz" wrote: I Can you please give whomever's working the campaign office this afternoon I around 2:00-2:30 permission to release Five (5) yard signs to my wife and myself when we stop by? (on our way into town for Clapton 1 -- Bruce's (Madison Tool, Inc.) office in Waunakee 1 -- Bruce Cheryl's home in Sun Prairie 1- My mom's front lawn in Tosa 1 -- Brian Brunner's front lawn in Tosa I 1 -- Brian's (Floorcare USA, LLC) office in Waukesha Just so you don't think they'll go to Bruce J. "Butch" Redenz, VP 5 AMEA Accredited Machinery 8 Equipment Appraiser Madison Tool, Incorporated 900 Bethel Circle 3 Waunakee, WI 53597-9589 PH 608-850-6730 FX 608-850-6734 I Cell 608-358-3324 Chapter Chairperson National Board Representative, Machinery Dealers National Association (MDNA) Tool, Inc. Internet Email This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, you should not print, copy, retransmit, disseminate, or otherwise use the information contained in this communication. Thank you. -. EXHIBIT 3 A lofl 8/19/2010 3:43 PM Fwd: Thanks Subject: Fwd: Thanks From: Tim Russell Date: Tue, 20 Apr 2010 08:21 :20 -0500 To: Remington Tonar Please see the below. A thought that occurred to me as well is how easily one could send an email to all of his friends. Tim Sent from my iPhone Begin forward ed message: From: ScottForGov Date: April 20, 2010 8:08:12 AM CDT To: Tim Russell Subject: Thanks The post on Neumann's Openlnviter software is up. We had the biggest day yesterday for traffic on the blog since we started. Please send my thanks to your IT guy for his input. I think it is presented in a way that allows people to draw their own conclusions. Would you be able to check with your IT guy on a related issue? I'm wondering if it is possible to download all of Neumann's contacts on facebook and do a little analysis of them. I have noticed a large number of them are from out of state or are under voting age. It would take forever to click on each one, but if there was a way to download them and run a couple sorts, that would be good. Thanks again. ScottForGov EXHIBIT 1 3 lofl 8/19/2010 3:35 PM Re: Research Park letter Subject: Re: Research Park letter From: Tim Russell Date: Mon, 29 Mar 2010 14:25:53 -0500 To: Stephan Thompson It is a public document that was given to us over the weekend. On Mon, Mar 29, 2010 at 2:20 PM, Stephan Thompson wrote: Tim, Just wanted to make sure that the letter dated 2-5-07 that you sent over to us is something that we can cite. Is it public anywhere? Or was this something that you copied at the office? Stephan Stephan Thompson Deputy Campaign Manager Friends of Scott Walker EXHIBIT lofl 8/19/2010 3:40 PM Re: RE: 1of4 EXHIBIT Subject: Re: RE: From: Tim Russell Date: Tue, 30 Mar 2010 12:49:25 -0500 To: Kelly Rindfleisch CC: keith rj Johnson Stephan Thompson That highlighted quote is good, but we need to talk about the lake parkway part of this. is on the good side with Jursik and the folks in the SE now on this. Or maybe we bring it up to get this issue out before Barrett does Sent from my iPhone On Mar 30, 2010, at 12:26 PM, "Kelly Rindfleisch" wrote: Milwaukee Journal Sentinel move threatens development Tom Heinen Published: June 20, 1995 Political and business leaders in Cudahy and St. Francis completing the long-awaited Lake Parkway. officials. don't think it speaks well for the present administration or the Republican leadership of the isn't something that has come out of the blue sky in the last couple of years. take a hit such as this, I really believe this is not good for Milwaukee, St. Francis or Cudahy." southern end of the Hoan Bridge to E. Layton Ave. Plans to widen Ave. south of Layton would be delayed as part of a budget proposal worked out last week by members of the Republican caucus, according to Rep. Scott Walker (R-Wauwatosa). Details of the plan were released Monday. Walker said caucus members were aware of the economic impact of their decision on the two year. Any longer delay in that project would have forced the state to put weight restrictions on trucks Parkway delay angers officials Cudahy, St. Francis mayors say GOP were angered Monday by Assembly GOP budget recommendations that included a one-year delay in Characterizing the parkway as a key to economic development, they said some area businesses already had made important decisions as a result of promises made by Gov. Tommy Thompson and other state Legislature," Cudahy Mayor Raymond Glowacki said. believe the moneys are there. This Lake Parkway really felt that the coming of the parkway could be an absolute renaissance for the southeastern part of the county. We have had businesses that have expanded on the promise of the Lake Parkway. For us to The parkway would link downtown Milwaukee with the southeastern suburbs by carrying traffic from the communities but had to weigh other considerations. A major decision was that they had few options for saving money and could not delay major road work on the Interstate 94 east--west corridor more than one also 8/19/2010 3:38 PM using the Zoo Interchange, he said. The Lake Parkway was among the projects selected for a delay primarily because it was not on the Department of Transportation's long-term transportation and safety list, Walker said. The east--west corridor involved safety concerns as well as significant economic ramifications, he noted. Work on the 3.5-mile parkway has been under way for some time. Contracts for two other major parts of the project the parkway interchanges at Howard Ave. and Carferry Drive will be awarded this week using money in the current budget, transportation officials said. When those are awarded, nearly half of the project's estimated $110 million cost will have been spent. Existing plans call for the parkway to be completed by late 1998. So far, the project is on schedule, according to Tom Longtin, the Transportation Department's project manager, and his supervisor, Ron Felsner. Because of inflation, each year the project is delayed will add about 3% to the remaining costs, Felsner and Longtin said. A year's delay also would jeopardize a one-year agreement, effective July 1, between local railroads over shared use of track leading to the Port of Milwaukee. It took five years for the state to get the competing railroads to agree to share track while portions of track are torn up and rerouted for the parkway. The railroads use track for access to the port and for assembling freight trains. An Area Cut Off David Stawski, president of the St. Francis Association of Commerce, said the parkway would help provide better access to the southeastern part of the county, which has suffered because of a lack of major north-south and east--west links with Milwaukee and the freeway. He found any delay troubling. "This project is critical to us," Stawski said. ''In my opinion, this project was signed, sealed and delivered, and now has become something of a political football. Copyright 1995 Journal Sentinel Inc. From: Jill Bader Sent: Tuesday, March 30, 2010 11:46 AM To: 'Kelly Rindfleisch'; 'Tim Russell'; 'keith'; Johnson'; 'Stephan Thompson' Subject: RE: Great Kelly -- keep looking for this type of stuff. From: Kelly Rindfleisch Sent: Tuesday, March 30, 2010 11:41 AM 20f-4 8/19/2010 3:38 PM 3of4 To: 'Tim Russell' Subject: Found this in the IVUS archive. It's from when Scott was still in the Assembly. From: Sent: Tuesday, March 30, 2010 11:38 AM To: kmrindfleisch@qmail.com Subject: Milwaukee Journal Sentinel Transit projects a good use of funds Published: June 15, 1998 Nick Rude|ich's June 11 letter to The Morning Mail shows that he has a short and limited memory when it comes to transportation funding. Originally, $241 million of federal funds was set aside for use on the East-West Corridor. Specifically, the money could be used for a light rail system along the corridor or for the widening of I-94 to insert car pool and bus lanes. During debate over a locally preferred alternative last May, leaders in Milwaukee County pushed a plan including a multimillion-dollar light rail system, while leaders in Waukesha County pushed for freeway lanes that would have eaten into residential and commercial property in Milwaukee County. At that time, a group of Milwaukee County lawmakers objected to both proposals. Fast fonivard to May 1998. The same Milwaukee County lawmakers -- three Democrats and three Republicans applauded the change in the use of the $241 million and asked that the funds be used on local projects, including the reconstruction of the Marquette Interchange, the Zoo Interchange and on expanding support for the Milwaukee County Transit System. In our opinion, supporting these projects is a better use of the funds and will ultimately save Milwaukee County taxpayers money. Rep. Scott Walker R-Wauwatosa 8/19/2010 3:38 PM Copyright 1998 Journal Sentinel Inc. This message is intended for the sole use of the individual and entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. 4of4 8/19/2010 3:38 PM Re: Referral - ScottForGov lofl Subject: Re: Referral - ScottForGov From: Tim Russell Date: Tue, 23 Mar 2010 11:22:26 -0500 To: ScottForGov lwould confirm with John that she is trustworthy and of so you can tell her. I think the benefit adding contributors outweighs the risk. Sent from my iPhone On Mar 23, 2010, at 10:42 AM, ScottForGov wrote: I tell her who I am? -- Fonlvarded message From: Angela Olson Date: Tue, Mar 23, 2010 at 10:29 AM Subject: Re: Referral - ScottForGov To: ScottForGov Hi. Sorry it has taken me so long to get back to you. I work full time and have 2 kids under 2. I work from home on Tuesdays and that would be the day I would be able to draft posts. I have to admit, I am a little uneasy having you know who I am and not knowing who you are. I understand your need to keep this confidential but think that trust is a two way street. I really can't do this if I don't know who you are. (are you maybe someone I know already?) I also want to remain anonymous to readers I would be willing to set up my own blogger account and write about "family issues" as from viewing the posts on your site, it is an area you are a little light on and I think it is important to voters/readers. I don't have anyone in mind on the GAB stuff but will keep it in mind in the event I can think of someone. So what do you think? Angie EXHIBIT 8/19/2010 3:43 PM The Governor's Race= Ammunition Subject: Fw: The Governor's Race= Ammunition From: Date: Tue, 25 Aug 2009 08:08:23 -0500 To: X-Mozilla-Status: 0001 X-Mozilla-Status2: 10000000 Delivered-To: Received: by 10.210.81.9 with SMTP id e9cs20524ebb; Tue, 25 Aug 2009 06:08:27 -0700 (PDT) Received: by 10.224.39.70 with SMTP id Tue, 25_Aug 2009 06:08:26 -0700 (PDT) Return-Path: Received: from smtp1.mke.cnty (smtp1.milwaukeecounty.org [204.194.251.204]) by mx.goog|e.com with ESMTP id Tue, 25 Aug 2009 06:08:26 -0700 (PDT) Received-SPF: neutral (goog|e.com: 204.194.251.204 is neither permitted nor denied by best guess record for domain of Authentication-Results: mx.google.com; spf=neutral (goog|e.com: 204.194.251.204 is neither permitted nor denied by best guess record for domain of X-Disclaimed: 52222 MIME-Version: 1.0 X-Keepsent: type=4; name=$KeepSent X-Mailer: Lotus Notes Release 8.5 December 05, 2008 Message-ID: Serialize by Router on SMTP1/Milwaukee County(Release 8.5 HF298|Apri| 15, 2009) at 08/25/2009 08:08:25 AM Content-Type: multipart/mixed; From: "Daniel Steininger" To: 'Tim Russell" Date: 08/24/2009 09:01 PM Subject: The Governor's Race= Ammunition Tim, Good talking to you. I'm attaching an article that can give Scots real credibility in his argument for why reducing taxes and regulatory burdens can have a dramatic impact on Wisconsin's economic future. By pointing to the success story of state government in Texas, he can talk about creating the "Texas miracle" here in Wisconsin. This will help him get away from the standard line .. that Republicans are only against things. EXHIBIT 8/19/2010 8:53 AM The Governor's Race= Ammunition Dan Steininger 5U((EsspU|_ DANIELLSTEININGER ENTREPRENEUR DIRECTOR LLC 17-'49 Month 33202 .. A information from ESET NOD32 Antivirus, version of virus signature database 4364 (20090824) The message was checked by ESET NOD32 Antivirus. . . This message is intended for the sole use of the individual and entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. . Texas is Winning the New Economic War Between the States.htm Skip to Main Content - Navellier.com Contact Us - Register - Log In Navellier all capinternationalmarket observationsallocation 1 Conten--t-Type: text/htm 'Texas is Winning the New Economic War Between the States.htm d. _quoted-- on en - nco mg. printable Re:- free three issue subscription to campaign magazine Subject: Re: free three issue subscription to campaign magazine From: Tim Russell Date: Mon, 17 Aug 2009 11:05:21 -0500 To: john schulze CC: gopfran@yahoo.com, jfadness@gmail.com, bpierick@regentwi.com X-Mozilla-Status: 0011 X'-Mozilla-Status2: 00000000 MIME-Version: 1.0 Received: by 10.211.199.16 with Mon, 17 Aug 2009 09:05:21 -0700 (PDT) In-Reply-To: References: <2009081 7140641 .61 F661 CE833@ws1-6. us4.outblaze.com> Delivered-To: Message-ID: Content-Type: multipart/alternative; thanks John On Mon, Aug 17, 2009 at 9:06 AM, john schulze wrote: azine.com/campaigners 9 Be Yourself mai|.com Choose From 200+ Email Addresses Get a Free Account at wvvw.mail.com! EXHIBIT 1 n+'1 8/19/2010 8:37 AM Re: letterhead Subject: Re: letterhead From: Tim Russell Date: Mon, 17 Aug 2009 16:04:34 -0500 To: RoseAnn Dieck X-Mozilla-Status: 0011 X-Mozilla-Status2: 10000000 MIME-Version: 1.0 Received: by 10.211.199.16 with Mon, 17 Aug 2009 14:04:34 0700 (PDT) In-Reply-To: References: Delivered-To: Message-ID: <779f658d 0908171404k2b4303c8i11d36b7d mai|.com> Content-Type: multipart/mixed; On Mon, Aug 17, 2009 at 3:43 PM, RoseAnn Dieck wrote: Here you be "If we ever forget that we are one nation under GOD, then we will go under as a nation." Ronald Reagan Rose Ann Dieck 5121 Russell Court West Greendale, WI 53129 414-421-9337' or radieck@yahoo.com I 1Content-Type: application/pdf 1 1 1 1 Content-Encoding: base64 1 lofl 8/19/2010 8:41 AM Republican Party Of Milwaukee County FOR RELEASE August 17, 2009 Contact: David Karst, Chairman Republican Party of Milwaukee County 262-455-1554 RPMC Releases Straw Poll Results from State Fair Milwaukee, Wisconsin. The Republican Party of Milwaukee County conducted poll on the announced Republican Gubernatorial candidates at their booth during days of the Wisconsin State Fair. The results from the Straw Poll are as follows: Walker 2420 Neumann 1 32 Todd 44 Cilia i Winlc Vice Chairman Vice Herb Riplcn Scci'cl:1ry Trcn~'Lirei' Box I-1665 \Ves't Allis, WI 53214 (414) 727-1220 .mil\\ 1! a straw the 1 1 Republican Party Chairman David Karst said was not surprised with the outstanding support that Scott Walker received during the fair." Karst said "the Walker campaign signed up hundreds of volunteers at the booth for Walker." This was a non-scientific straw poll. Individuals cast their vote by placing quarters into "ballot boxes" for each candidate, each quarter counted as one vote and people could vote multiple times. All of this good news come on the wake of the announcement by Jim Doyle that he will not seek re-election for a third term -A Karst said he believes that Doyle knew that he could not beat Walker statewide and that is why he decided at this late date not to run again. Antlimi/ell Paltl lot by the Repuhlicxin oi 0 0 F\v:quesfion lofl Subject: Fw: question From: Date: Mon, 17 Aug 2009 16:10:51 +0000 To: "Brian Pierick" X-Mozilla-Status: 0001 X-Mozi|la--Status2: 00000000 Return-Path: Received: from bda020.bisx.prod.on.bIackberry (bda088e.bis.na.b|ackberry.com [67.223.77.88]) by mx.google.com with id (version=SSLv3 Mon, 17 Aug 2009 09:10:25 -0700 (PDT) X-rim--org-msg-ref-id: 2133936022 Message-ID: Content-Transfer-Encoding: base64 Reply-To: X-Priority: Normal Sensitivity: Normal Importance: Normal Content-Type: text/plain; MIME-Version: 1.0 Approved. From: Scott Walker To: Tim Russell ReplyTo: Scott Walker Sent: Aug 17, 2009 11:09 AM Subject: Re: question No prob From: Tim Russell -- new To: Sent: Aug 16, 2009 12:16 PM Subject: question Given the (apparent) success of the retiredoyle.blogspot.com blog, the author is looking for a new method of advancing his cause. He is planning to switch over to scottforgov.blogspot.com the markforgov.com site of neumann) objection to the name. (obviously playing on unless you have any Sent via BlackBerry by EXHIBIT 3 1 8/19/2010 8 :39Pdfl :Addu)wa$crweeMy Subject: Add to walker weekly From: Date: Fri, 28 Aug 2009 18:53:45 +0000 To: "Joseph Fadness" X-Mozilla-Status: 0001 X-Mozilla-Status2: 00000000 Return-Path: Received: from bda019.bisx.prod.on.b|ackberry [67.223.90.159]) by mx.google.com with id (version=SSLv3 Fri, 28 Aug 2009 09:53:10 -0700 (PDT) X-rim-org-msg-ref-id: 21176905 Message-ID: 180941 0805-@bxe1 272.bisx. prod .on . b|ackberry> Reply-To: X-Priority: Normal Sensitivity: Normal Importance: Normal Content-Type: text/plain MIME-Version: 1.0 Please add Chris McNulty of the at his request to the ww list. Email to use is Sent via BlackBerry by EXHIBIT i 1 n1-"1 8/19/2010 9:03 AM