In 2020, as Waukesha County Circuit Judge, Lazar sentenced David Scharlat, a former police officer and federal agent convicted of sexual assault, to five years of probation including one year of condition time, and stayed and imposed a sentence of four years of initial confinement and three years of extended supervision. The prosecution had recommended a sentence of seven years of confinement and seven to 10 years of extended supervision, which Lazar called “excessive,” and said there was more “context” to consider because “this is not a case where Mr. Scharlat broke into someone’s home, held a knife to someone’s neck he didn’t know and raped her.”
Lazar also questioned Scharlat’s victim’s credibility and said the case was “plagued” by the MeToo movement. Lazar dismissed the victim’s claim that Scharlat “destroyed every aspect of my life” as “not credible.” Lazar also noted that two of Scharlat’s accusers had “admitted to lying,” and suggested that made the other victim’s testimony less credible because “lying, deceit, dishonesty diminishes us all.”
2020: Lazar Sentenced Former Federal Agent David Scharlat To Five Years Of Probation, Including One Year Of Condition Time, And Stayed And Imposed Four Years Of Initial Confinement And Three Years Of Extended Supervision If Scharlat Were To Violate The Terms Of His Probation. According to the Oconomowoc Enterprise, “Former federal agent David Scharlat was sentenced Friday evening to five years of probation including one year of condition time for committing second-degree sexual assault. Judge Maria Lazar’s sentence of four years’ initial confinement and three years of extended supervision was imposed and stayed in favor of the five years’ probation, which includes: nine months of straight time, two months of Huber with release for work search/work, alcohol and other drug abuse treatment and/or counseling and elder care and one month stayed. If Scharlat should get in trouble in the next five years, he would then serve the original sentence.” [Oconomowoc Enterprise, 7/2/20]
2020: Lazar Said The Prosecution’s Sentence Recommendation Of Seven Years Of Confinement And Seven To 10 Years Of Extended Supervision Was “Excessive.” According to the Oconomowoc Enterprise, “Assistant District Attorney Michelle Hulgaard asked the court to sentence Scharlat to seven years of initial confinement and seven to 10 years of extended supervision. Scharlat’s attorney Paul Bucher asked the court to sentence his client to no prison time and to be put on probation. Lazar said the state’s recommendation was ‘excessive,’ while Bucher’s recommendation of no custody was ‘inappropriate.’” [Oconomowoc Enterprise, 7/2/20]
2018: Scharlat Was Charged With Sexually Assaulting Three Women From 2013 To 2017 And Found Guilty Of Second-Degree Sexual Assault On One Charge, But Was Acquitted On The Two Other Charges. According to the Milwaukee Journal Sentinel, “Scharlat, a former Brookfield police officer and agent with the U.S. State Department's Diplomatic Security Services, was charged in 2018 with sexually assaulting three women in Waukesha County from 2013 to 2017. In February, a jury convicted him of one of the assaults and acquitted him of the incidents involving the two other women following a nine-day trial. The jury found Scharlat guilty of second-degree sexual assault, with threat or use of force, for an incident with C. Kimberly Toms — who previously agreed to be identified by the Milwaukee Journal Sentinel — at Scharlat's home over Labor Day weekend in 2013.” [Milwaukee Journal Sentinel, 6/26/20]
Scharlat’s Disciplinary Records Revealed He Had A History Of “Verbally And Physically Abusive Behavior Toward Women” As A Police Officer And Federal Agent. According to the Milwaukee Journal Sentinel, “Prosecutors over the course of about 50 minutes described Scharlat as an opportunistic man who used his badge and gun to flaunt the law. They cataloged lengthy disciplinary records they said he amassed while working as a police officer and federal agent, including verbally and physically abusive behavior toward women. ‘The rules don't apply to him,’ Assistant District Attorney Michele W. Hulgaard said. ‘The lack of respect for women here is rampant.’” [Milwaukee Journal Sentinel, 6/26/20]
Lazar Said The Prosecution’s Sentence Recommendation Of Seven Years Of Confinement Was “Excessive” And Would Be “The Easy Answer,” Because “This Is Not A Case Where Mr. Scharlat Broke Into Someone’s Home, Held A Knife To Someone’s Neck He Didn’t Know And Raped Her.” According to the Oconomowoc Enterprise, “Assistant District Attorney Michelle Hulgaard asked the court to sentence Scharlat to seven years of initial confinement and seven to 10 years of extended supervision. Scharlat’s attorney Paul Bucher asked the court to sentence his client to no prison time and to be put on probation. Lazar said the state’s recommendation was ‘excessive,’ while Bucher’s recommendation of no custody was ‘inappropriate.’ ‘You can appeal me and get this reversed, but Mr. Scharlat was found guilty,’ Lazar said. ‘And he deserves to spend some time incarcerated.’ Lazar said ‘the easy answer’ for Scharlat’s case would have been to impose a prison sentence. ‘This is not a case where Mr. Scharlat broke into someone’s home, held a knife to someone’s neck he didn’t know and raped her. This is a case where there is more context,’ Lazar said.” [Oconomowoc Enterprise, 7/2/20]
Scharlat’s Victim Said She Feared Him “From The First Moment” She Met Him And Said Scharlat “Destroyed Every Aspect Of My Life,” Which Scharlat’s Attorney Called “Lies” And A “Character Assassination.” According to the Milwaukee Journal Sentinel, “‘From the first moment I met the defendant until today, I feared him,’ Toms said, through tears, in a lengthy pre-written statement during sentencing. ‘He is fear. He destroyed every aspect of my life.’ Bucher called Toms' remarks lies and a ‘character assassination.’ ‘She makes a mockery of a true victim,’ he said.” [Milwaukee Journal Sentinel, 6/26/20]
Lazar Said Scharlat’s Case Was “Plagued” By The MeToo Movement, And Questioned The Victim’s Credibility Because “The Other Two Complaining Women […] Were Not Only Not Credible, But They Admitted To Lying And Admitted To Making False Charges Against The Defendant.” According to the Oconomowoc Enterprise, “During Lazar’s comments about the factors that influenced her sentencing decision, she noted the case was very long and had been ‘plagued’ by events surrounding it, including the MeToo movement, COVID-19 and Black Lives Matter movement. ‘They are not relevant to this decision, they are not relevant to this case, and they are not relevant to this sentence,’ she said. Lazar said society is in an era where women have fought ‘very hard’ to be heard, to assert their rights and to bring justice to those who harmed and took advantage of them. However, she said Scharlat’s case in many ways is one where the exact opposite of this happened. ‘The other two complaining women, and perhaps one more than the other, were not only not credible, but they admitted to lying and admitted to making false charges against the defendant not once, but twice in writing,’ Lazar said. ‘They admitted to lying on the witness stand under oath in front of me. That’s not acceptable. ‘Perjury, deceit and dishonesty are wrong by man or a woman. It does not matter. Sadly, lying, deceit, dishonesty diminishes us all.’” [Oconomowoc Enterprise, 7/2/20]