- Police Brutality Watch

Originally published in the Milwaukee Journal Sentinel (Wisconsin) December 17, 2004

Copyright 2004 Journal Sentinel Inc.

Investigation opened after officers failed to cooperate with probe of man's beating

By: JOHN DIEDRICH

A secret John Doe investigation has been opened into the case of a man allegedly beaten by off-duty Milwaukee police officers at an after-hours party in the Bay View neighborhood, sources familiar with the proceedings said.

The investigation was convened after several officers declined to fully cooperate with internal police investigators about the early morning incident on Oct. 24, according to the sources, who spoke on the condition they not be named because the proceedings are secret by court order.

At the party, a 26-year-old Milwaukee man was severely beaten and, he told investigators, was sodomized with a knife by one of the officers.

Similar to a grand jury, a John Doe investigation is closed to the public and is used by prosecutors to get testimony from resistant witnesses or suspects with a subpoena. The sources said up to 15 officers could be called to testify, both off-duty officers at the party and on-duty officers who first responded to the police call.

Deputy District Attorney Jon Reddin, who is handling the case, declined to comment on whether there is a John Doe probe and would only say the matter remains under investigation.

A Milwaukee police spokesman said two officers have been suspended with pay while the incident is investigated, however, several sources said four officers have been suspended.

At least four police officers have hired attorneys. None of the officers under investigation has been identified.

The U.S. attorney's office has contacted the FBI about the beating, but for now, federal officials are not involved in the case, Assistant U.S. Attorney Mel Johnson said.

"It is conceivable we will have a role down the line," Johnson said.

He said federal officials prefer to let local authorities handle such matters, but if the outcome isn't satisfactory, the U.S. attorney's office may explore its own case, Johnson said.

The party began the night of Oct. 23 in the 2800 block of S. Ellen St. and included heavy drinking and loud music, neighbors said.

Early that Sunday morning, the victim arrived at the party with one other man and three women. One of the women was invited and brought the men.

The victim had no reason to believe he wouldn't be wanted at the party, said his attorney, Jonathan Safran.

Shortly after the victim arrived, words were exchanged and the men left. Safran said at least one person at the party called his client a racial slur. The victim, who asked not to be named because he fears retribution, is biracial.

In brief initial statements after the party, several of the off-duty officers told investigators that the 26-year-old man stole a police badge, that they were exercising police powers by following him out of the house and that a fight erupted, according to department sources who asked not to be named.

Safran said his client didn't steal anything. Martin Kohler, who represents the officer who owns the house, said the man was not invited, and those at the party believed he stole something.

Police were called, and the victim, who had been severely beaten, was arrested on suspicion of theft, according to police records. Safran said he doesn't know of any formal charges being pursued against his client.

No ambulance was called, and the victim was taken to the hospital in handcuffs. He spent several days in the hospital for his injuries.

Four days after the incident, the victim spoke briefly with a Journal Sentinel reporter before deferring to his attorney. The left side of his face remained badly bruised and discolored, and his left eye was almost entirely swollen shut.

Safran said his client has cooperated with investigators and added, "We are hopeful criminal charges will be filed in the near future."