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Username: Serenasailor
Post Number: 382
Registered: 01-2006
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Votes: 0 (Vote!) | | Posted on Wednesday, March 29, 2006 - 08:55 pm: | 
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Three Milwaukee police officers were charged with felonies Monday in the savage October beating outside a party in Bay View that left some worried a code of silence might thwart justice.
The charges brought 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 said 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 in to police Monday, made their first court appearance and were freed on $5,000 signature bonds. If convicted, Bartlett and Masarik face up to 22½ and 19½ years in prison, respectively, and Spengler up to 3½ years.
Jude said Monday that 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 alleges.
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 that 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 that 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 in the 2800 block of S. Ellen St. 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 facedown 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.
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 2½ 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 non-police 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 a 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.
Ald. 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.
By JULIET WILLIAMS
The Associated Press
Three police officers were charged Monday in the beating of a man outside a house party in what witnesses have called a racially motivated attack.
The charges come more than four months after Frank Jude Jr. said he was viciously beaten Oct. 24 by a group of men who identified themselves as off-duty police officers.
Jon Bartlett, Daniel L. Masarik and Andrew R. Spengler were all charged with substantial battery. Bartlett and Masarik were each charged with second-degree recklessly endangering safety, and Masarik also faces a perjury charge.
Witnesses said about 10 people surrounded Jude, beat him and kicked him in the head while holding his arms behind his back when he was face down in the street.
At least one officer who responded to the assault told investigators she saw one of the suspects allegedly hold a knife to Jude's neck and threaten to kill him, according to a criminal complaint.
Jude said his attackers stripped him of his pants and stuck sticks in his ears outside a south-side house party where the men accused him of taking a police badge from the home.
Police said they did not find the missing badge; Milwaukee County District Attorney E. Michael McCann declined to say Monday whether it was found.
According to claims filed against the city by Jude and others, the white officers used racial slurs as they attacked Jude, who is black.
Although the complaint does not refer to the racial slurs, McCann said race likely played a role - but was not the reason the off-duty officers targeted Jude. Jude's attorney, Jonathan Safran, disagreed.
"He (Jude) feels that indeed there should be other charges and that hate crimes penalties should be attached," Safran said.
Jude suffered a concussion, contusions to his face, hand and back, and sinus and nose fractures, the complaint said.
Four officers were suspended during the investigation, and Police Chief Nanette Hegerty has said the department will conduct its own review. The fourth officer has not been charged. McCann has said his investigation was hampered by the unwillingness of some officers to cooperate.
"I'm pleased that we have the charges," Mayor Tom Barrett said. "I'm disappointed we don't have more cooperation from some of the police officers who were clearly at the scene at the time."
The three officers, who all remain suspended with pay, appeared in court Monday and were released after posting $5,000 bail each.
PHOTO: Frank Jude Jr. is shown at St. Francis Hospital on Oct. 24, 2004 after being severely beaten early that morning.
PHOTO: Milwaukee police officer Andrew R. Spengler, 25: Party to the crime of substantial battery; up to 3½ years in prison and $10,000 fine.
PHOTO:Daniel L. Masarik, 25: Party to the crime of substantial battery, second-degree reckless endangering, perjury: up to 19½ years.
PHOTO:Jon M. Bartlett, 33: Party to the crime of substantial battery (use of a knife), second-degree reckless endangering (use of a knife): up to 22½ years in prison and a $35,000 fine.
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