APPLETON, WI (WTAQ-WLUK) – A judge denied a former Menasha police officer’s bid to stay out of jail while he appeals his sentence for illegally accessing a license plate recognition program to stalk his ex-girlfriend.
Cristian Morales, 32, was convicted earlier this week of misconduct in office. He was sentenced to six months in jail.
During a motion hearing Wednesday, defense attorney Kevin Musolf argued that Morales should be released because any appeal would take longer than the sentence he has to serve.
The appeal would focus on the structure of the six-month jail sentence, which doubled the joint recommendation by the state and defense for three months in jail, Musolf said.
Musolf also cited another case which involved an officer who accessed the Flock system more times than Morales did, but got a lighter sentence. He asked for Morales’ $10,000 cash bond to be reinstated while the appeal continued.
Assistant District Attorney Sam Schmitt opposed the request.
Judge Mark Schroeder acknowledged an appeal would take longer than the sentence, but said he properly followed the sentencing guidelines. He also noted the other officer’s case was a misdemeanor, not a felony as Morales’ case is.
The judge said he also didn’t believe the problem that the sentence would shock the public sentiment was met.
If Morales gets a new appellate attorney, as anticipated, the judge said the motion could be filed again.
At the sentencing, Judge Schroeder characterized Morales as an “oath breaker” whose actions undermined the public’s faith in anyone in government sworn to uphold the Constitution.
Morales, who once worked in the Outagamie County jail, appeared by video from another area jail, where he is currently serving the sentence.
According to the complaint, Morales’ ex-girlfriend complained he had used the Flock system to monitor her location. A review of Morales’ activity showed he tried to use it five different times for her vehicle in early October.
“Cristian indicated that “desperation, and bad judgment, combined with a lack of sleep”, contributed to his decision to use Flock. He also indicated he knew his decision to use Flock was wrong, but it was out of a pure moment of “desperation and lack of judgment,” the complaint states.
The Menasha Police Department said Morales was placed on administrative leave after he arrest. He resigned earlier this year.
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