I remember first meeting now-Milwaukee County Circuit Judge William Brash III years ago during one political campaign or another.  Candidly, after he was appointed to the bench in 2001 and subsequently elected in 2002, I haven't paid too much attention to his career. Should he choose to run for re-election, he would do so next April.

     Since I haven't been paying much attention to the goings-on in his courtroom, I'm in no position to comment on the overall appropriateness of Judge Brash's sentences.  I am aware though that members of the defense bar would rather appear before Judge Brash than at least one his colleagues, Judge Daniel Konkel (who IS known for handing down tough sentences).  In fairness though, the simple fact that Judge Konkel may be a harsher sentencer than Judge Brash doesn't necessarily mean that Judge Brash is soft on criminals.

     Recently however, Judge Brash has come under a lot of criticism for his handling of a somewhat high profile case.  Specifically, a little over a week ago, he raised more than a few eyebrows by sentencing Walter "Red" Humphrey to three years of probation and five months in the House of Correction (with work-release privileges) for the second-degree sexual assault of a teenage girl.  While in his mid-20s, Humphrey began a sexual relationship with a 14 year old girl that led to her becoming pregnant.

     I don't pretend to know the full details of the case but I do know that it's generally a bad idea for a 25 year old guy to be having sex with a 14 year girl (regardless of how willing a participant the girl may have been).  Therefore on it's surface, the sentence hardly even seems to represent a slap on the wrist.  Regardless of the appropriateness of the sentence, the Humphrey case is water under the bridge.

     Next Monday however, Judge Brash will be imposing a sentence in another closely watched sexual assault case.  One way or the other, his decision is certain to receive a lot of scrutiny.

     Robert J. Diedrich was formerly a Milwaukee County Sheriff's deputy. Sometime in the summer of 2004 Diedrich, then age 30, sexually assaulted a 12 year old girl who he was giving guitar lessons to.  While Diedrich originally maintained that they only had one sexual encounter, the girl maintains that several sexual assaults occurred.

     Regardless, Diedrich is to be sentenced on Monday on charges of First Degree Sexual Assault of a Child.  The maximum potential sentence for this offense is 60 years in jail.

     Relatives of the juvenile victim in this case have contacted a number of people in the community, including yours truly.  In my conversation with a family member, that person expressed disappointment that the DA's Office had told the family that they would "only" be recommending a 10 year term of imprisonment.  In that same vein, in a conversation with Milwaukee County Sheriff David Clarke subsequently memorialized in writing by Sheriff Clarke and sent to Judge Brash, the victim's mother has requested that the defendant "be sentenced to the greatest level of incarceration available under law".

     I don't know what the precise sentence in a case like this should be.  At the same time, I would hope that Judge Brash hasn't set a precedent for the future by his sentencing of "Red" Humphrey?

     In any event, the victim in the Diedrich case has a very supportive family who intends to do everything within their power to see that justice is done. I would not be surprised if the Diedrich camp has a very different idea of what exactly "justice" in a case like this entails.

     On Monday we'll have a better idea of what "justice" means to Judge Brash.

     Stay tuned.