- Police Brutality Watch

Originally published in The Milwaukee Journal Sentinel March 1, 2005

Copyright 2005 Knight Ridder/Tribune News Service

By Derrick Nunnally and John Diedrich

MILWAUKEE _ Three Milwaukee police officers were charged with felonies Monday in the savage October beating outside a party in Bay View, Wis., that left some worried a code of silence might thwart justice.

The community reacted with some relief but also surprise that more off-duty officers from the party were not charged and that hate crimes were not among the offenses. The district attorney himself said he was not satisfied fully and vowed the investigation may add more defendants to the case.

The criminal complaint alleges disturbing new details about what Frank Jude Jr. endured on a street in Bay View: A gun was put to his head and a knife to his throat. He was kicked in the groin and head repeatedly and had a pen jammed in his ears, all with on-duty officers present. His pants were cut off and his underwear removed.

Jon M. Bartlett, 33, Daniel L. Masarik, 25, and Andrew R. Spengler, 25, turned themselves into police Monday, made their first court appearance and were freed on $5,000 signature bonds. If convicted, Bartlett and Masarik face up to 22.5 and 19.5 years in prison, respectively, and Spengler up to 3.5 years.

Jude said Monday he welcomed the developments but wanted more officers charged with more serious felonies.

"I almost died out there," said Jude, 26, who can't identify his attackers because he was held down. "I am sick to my stomach, sick inside. I just hope more justice comes. There are more people out there who know what happened. They need to come forward."

District Attorney E. Michael McCann said he is not convinced that everyone who committed crimes has been charged.

"I am not happy with this complaint," McCann said. "There are a lot of things I would like to know. We move forward with what we have. I hope that we can learn more. This is the first step on what will be a protracted journey."

McCann said 10 off-duty officers were around the scene of the beating. In an unusual move, he named them all in the complaint. McCann previously said some officers refused to talk, to protect themselves or fellow officers.

He said one person had been granted immunity: Michele Bartlett, Jon Bartlett's wife. That offer was given in a secret John Doe hearing. Masarik committed perjury Wednesday when he denied having any physical contact with Jude, the complaint says.

Federal prosecutors are watching the case, said Assistant U.S. Attorney Mel Johnson.

"We are interested in whether there is an appropriate result," Johnson said, adding the office might open an investigation if court proceedings reveal that others who have not been charged were involved.

NO HATE CRIME CHARGE

Jude, who is black, said he couldn't believe the defendants weren't charged with hate crimes. He said he was called a racial slur repeatedly as he was beaten and after his pants were cut off. In a police report, officers claim Jude stole a police badge and wallet. Nothing was found on Jude, prosecutors said.

"My question is, Why did they continue to beat me about the badge if it wasn't a hate crime?" he said.

McCann said to warrant a hate crime charge, the officers would have had to "target" Jude because of his race, but evidence indicates they went after him over the badge. McCann said Jude and companion, Lovell Harris, who were arrested on suspicion of theft, would not be charged.

The police department's internal investigators have begun interviewing officers, Chief Nannette Hegerty said in a statement. She has said the internal investigation will take 30 to 45 days. Officers must talk or face punishment, but nothing they say can be used in the criminal case. The internal investigation could result in discipline up to and including termination.

Hegerty suspended Spengler, Bartlett, Masarik and Ryan Packard, 25, last fall. Per state law, they continue to be paid. One witness said Packard punched Jude, but McCann said there wasn't enough evidence to charge him.

The complaint didn't address an alleged assault of Harris, drawing fire from his attorney, Michael Bishop. Harris, who also is black, said he was cut in the face with a knife before he broke free and escaped.

The complaint lays out this series of events:

Jude, Harris, Kirsten Antonissen and Katie Brown went to a party early on Oct. 24. They were invited but it quickly became clear Harris and Jude weren't welcome, based on comments from guests, Antonissen said. The four left and got into her pickup truck, which was quickly surrounded by six to 10 men who identified themselves as police officers and said a wallet containing a badge and other items had been stolen.

Jude was pulled from the truck, Antonissen said. Brown said Jude got defensive and argued with the men before the beating occurred. Antonissen said only that he was held up against a car in a chokehold and then beaten.

Antonissen and Brown both called 911.

OTHER OFFICERS' ACCOUNTS

Nicole Martinez, one of the first on-duty officers on the scene, said she found Jude face down in the street with his hands underneath him and four men around him. Spengler ordered Jude to put his hands behind his back, and Bartlett asked where his knife was, she said. Bartlett then put the blade to Jude's throat and said, "Where is the (expletive) badge? I'm going to kill you if you don't give it up."

Martinez said she saw Bartlett kick Jude, who was handcuffed, repeatedly in the head. Martinez said she heard what she believed to be bones breaking in Jude's head. "Knock it off, that's enough," Martinez said she told the off-duty officers.

Masarik then spread Jude's legs and kicked him two or three times in the groin and said, "Sorry you have to see this," Martinez said. She called for a police wagon because she said it would be a faster way to get Jude to the hospital, where he spent two and a half days recovering from his injuries.

Officer Joseph Schabel, who arrived with Martinez, said he saw four men trying to restrain Jude. Because Jude continued to resist, Schabel said, he gave the suspect's shoulder "two focused strikes." Masarik then kicked Jude in the face, Schabel said.

Spengler put two sets of handcuffs on Jude, Schabel said. Bartlett took Schabel's pen and straddled Jude's neck, but Schabel said he didn't see what Bartlett did. Jude said something was jammed into both of his ears.

Two off-duty officers are quoted in the complaint. Jodi Kamermayer said Jude was struggling to get away and said she saw Packard and Masarik punching Jude. Kamermayer said she left when on-duty officers arrived.

Bradley Blum saw Masarik holding Jude in the street but said he didn't see any of the beating, only that Jude's face was swollen and bruised.

The complaint lists other off-duty officers who were present: Jon Clausing, Michele Grutza, Ryan Lemke and Joseph Stromei. It wasn't clear from the complaint whether they cooperated with investigators.

McCann said there are still nonpolice witnesses who have refused to speak with investigators. McCann praised the officers who did.

OTHER REACTIONS

Defense attorneys are considering asking for a change of venue depending on publicity, said Steve Kohn, who represents Masarik and Packard.

"The public and the politicians are just going to have to wait," said Bridget Boyle, Bartlett's attorney, at the same news conference.

At another news conference, Mayor Tom Barrett and Common Council President Willie Hines said they were pleased charges had been filed, but also expressed disappointment _ Barrett because some officers have not cooperated, Hines because the three officers were not charged with a hate crime.

Alderman Mike McGee, who has led protests and called for a shopping boycott last Saturday because of the case, said the charges were inadequate. He plans another protest at noon Saturday in Bay View.