David ClareyAlison Dirr
Milwaukee is poised to pay the second-largest settlement in the city's history over a federal police misconduct civil rights lawsuit that will cost nearly $7 million.
The $6.96 million payment would end a nearly two-year-long legal case between the city and Danny Wilber, whose 2005 homicide conviction was overturned after a federal appeals court found his trial was unfair.
"I understand that this is a massive dollar amount, represents one of the largest settlements in city history, and I would just note that these cases where individuals — Mr. Wilber spent 18 years in prison — are very difficult," City Attorney Evan Goyke told the council's Finance and Personnel Committee on May 7.
On May 8, the city's Judiciary and Legislation Committee recommended approving the settlement — though not before members had strong words about the agreement and actions by the Milwaukee County Circuit Court judge that led to the overturning of Wilber's conviction.
Ald. Mark Chambers Jr. labeled the judge "incompetent" and the cost to Milwaukee taxpayers "bullshit."
"I'm just extremely frustrated that we're at this point," he said.
Ald. Robert Bauman agreed, saying the situation resulted from a judge making "some pretty bad decisions."
"This time, the Milwaukee Police Department didn't do much to warrant a $7 million settlement," he said. "I mean, it's questionable whether they did anything wrong, and that the plaintiff simply had to drum up some kind of claim against MPD to have the city left holding the bag."
Council President José G. Pérez, too, said the city was "paying the price for some bad judgment and it's inexcusable."
The settlement still needs approval from the Common Council and Mayor Cavalier Johnson.
Wilber's case alleged that former Milwaukee Police Department officers violated his rights by fabricating evidence and omitting evidence suggesting his innocence. He spent nearly 18 years in prison over the 2004 murder of David Diaz, but Wilber always maintained his innocence.
Wilber's settlement only lags behind a $7.5 million 2019 settlement for Robert Lee Stinson, a man who was wrongfully incarcerated for 24 years.
The city is self-insured, meaning taxpayers bear the costs of any settlement. Police-related settlements have long proven costly for the city.
The city is expected to borrow the funds to cover the settlement, which exceeds the $5 million fund known as the "contingent fund" that the city could have used to cover a smaller unexpected sum.
The payment will be made as a lump sum. That means the interest over 10 years could be expected to total just under $2.1 million, city Comptroller Bill Christianson said. That would bring the total costs to taxpayers to about $9 million.
On May 7, the Finance and Personnel Committee debated legislation approving the borrowing. The committee ultimately sent the legislation to the full Common Council without a recommendation because the Judiciary and Legislation Committee was not scheduled to take up the underlying settlement until the next day.
That means when the council meets on May 13, one of the 15 members will have to move for adoption of the legislation permitting the borrowing.
The $6.96 million settlement will add to the city's bill. In February, the city spent $300,000 to hire a Chicago law firm to litigate the case.
An attorney for Wilber did not respond to Journal Sentinel requests for comment.
Lawsuit alleged officers coerced witnesses, fabricated statements
Wilber's civil rights lawsuit was filed in 2023.
It alleged the city and nine former Milwaukee Police Department officers violated his rights by fabricating evidence and omitting evidence suggesting his innocence. Two officers are dead, and their estates were named instead.
If approved by the full council next week, the settlement will end a case that stems from events that took place over two decades ago.
Wilber was convicted of homicide but has always fought the details of the case against him. His conviction was ultimately reversed due to reasons outside of the investigation into the death, but questions have long lingered over the details.
U.S. District Judge William Griesbach overturned Wilber's case in a 2020 decision due to him being shackled in front of the jury, which the judge argued can imply guilt. In its 2021 opinion upholding the lower court decision to overturn Wilber's conviction, the U.S. 7th Circuit Court of Appeals noted the "difficulties" with the evidence for prosecuting him.
The decision to overturn the verdict left open the option for the Milwaukee County District Attorney's Office to pursue a new trial, but the office declined to do so due to the case's age and problems posed by the evidence.
"The evidence certainly was not overwhelming," Assistant District Attorney Paul Tiffin said in 2022.
Among the defendants in Wilber's lawsuit is Ruben Burgos, a former Milwaukee Police Department detective and current member of the city's Fire and Police Commission. The commission is the city's oversight body for its fire and police departments, with it handling the hirings of chiefs and employee discipline appeals.
Milwaukee Mayor Cavalier Johnson previously defended the appointment of Burgos to the commission.
David Clarey is a public safety reporter at the Milwaukee Journal Sentinel. He can be reached at dclarey@gannett.com.
Alison Dirr can be reached at adirr@jrn.com.
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