Showing posts with label Milwaukee County Circuit Court. Show all posts
Showing posts with label Milwaukee County Circuit Court. Show all posts
Saturday, September 5, 2026
Tuesday, December 16, 2025
Friday, May 9, 2025
Cops Gone Wild: Milwaukee moving toward $7 million settlement in police misconduct suit, city's 2nd largest ever
From JSOnline:
David ClareyAlison Dirr
In 2004, David Diaz, 23, was killed after he was shot in the back of his head during a house party on the city's south side. Wilber was in attendance, and those there said he was acting belligerently and fought with people immediately before the shooting. However, no eyewitness told the jury they saw him shoot Diaz, according to court documents.
David ClareyAlison Dirr
Milwaukee Journal Sentinel
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.
Monday, April 28, 2025
Saturday, April 26, 2025
Wednesday, April 23, 2025
FBI investigating allegations Milwaukee County judge tried to help undocumented defendant avoid arrest
From JSOnline:
The FBI is looking into whether veteran Milwaukee County Circuit Judge Hannah Dugan tried to help an undocumented immigrant avoid arrest when that person was scheduled to appear in her courtroom last week, sources told the Journal Sentinel.
Last week's incident marks at least the third time in recent months that federal immigration agents have come to the courthouse to make arrests. In March and early April, two people were arrested by ICE officials in the hallways of the courthouse.
In an email to judges, Chief Milwaukee County Circuit Judge Carl Ashley said agents with Immigration and Customs Enforcement came to the Milwaukee County Courthouse on April 18 with an arrest warrant. But his note made no mention of Dugan or a federal investigation into her conduct.
ICE spokesperson Alethea Smock declined to comment.
"We have no information to provide at this point," Smock said in an email.
FBI officials did not respond to calls or emails.
The Journal Sentinel reached out to Dugan by phone, at her courtroom and via email in recent days. In an April 22 email, Dugan said, "Nearly every fact regarding the 'tips' in your email is inaccurate."
Conservative talk show host Dan O'Donnell was the first to report on the most recent incident.
According to Ashley's April 18 email, ICE agents showed up at the courthouse in the morning and identified themselves to security. They then went to the sixth floor, where Dugan's courtroom is located.
"They were asked whether they had a warrant, and the agents presented the warrant as well as their identification," Ashley's email says. "They were asked to go to Chief Judge's office. They complied. … They presented a warrant, which we copied."
Ashley said the ICE agents were asked to wait until the court hearing had concluded. All of the agents' actions, he said, "were consistent with our draft policies, but we're still in the process of conferring on the draft."
Earlier this month, Ashley said the ICE arrests at the courthouse were not unprecedented. He then assured county officials that he was working on a policy that is both legally strong and permits access to the courthouse complex.
As of last week, a draft copy of the policy was circulated among judicial system partners and was to be released soon, according to Ashley.
Ashley's April 18 email does not mention the name of the defendant or whether the individual was ultimately arrested. Court records list only one case on Dugan's calendar for that date, but it was scheduled for 1:30 p.m., not when ICE arrived in the morning.
Early on April 21, Dugan wrote a one-sentence response to Ashley's email.
"As a point of clarification below, a warrant was not presented in the hallway on the 6th floor," Dugan wrote.
Questions raised about administrative warrant vs. judicial warrant
That prompted Milwaukee County Circuit Judge Marisabel Cabrera to say in a later email to the other judges that her understanding was that ICE agents had presented an administrative warrant, not a judicial warrant.
Margaret "Maggie" Daun, a talk show host and general counsel for Civic Media, said there is a significant difference between a judicial warrant and an administrative warrant.
"A judicial warrant is issued by a federal court based on probable cause and permits law enforcement to enter premises that are not public and search to seize property or arrest someone subject to the protections of the 4th Amendment," said Daun, who previously served as Milwaukee County's chief legal officer. "An ICE or administrative warrant is issued by an ICE official and is not required to meet the requirements of the 4th Amendment," which prohibits unreasonable searches and seizures.
Daun said people can refuse to allow agents to enter or search a property if they only have an "immigration" warrant and not a valid judicial warrant signed by a judge.
"You do not need to open the door or permit entry or a search when presented only with an ICE or so-called 'immigration' warrant," she said.
In her email, Cabrera raised concerns about how the chief judge is planning to respond to warrants from immigration officials under his draft policy.
"If the proposed protocol is to accept these warrants, I find it problematic," wrote Cabrera, who was elected in 2024. "In effect, the protocol seems to merely facilitate ICE arrests in a manner that is quiet and least disruptive to us. On the other hand, the protocol gives the illusion to the general public that steps are being taken in the courthouse to prevent ICE overreach."
Cabrera, a former immigration lawyer and Democratic lawmaker, said federal immigration agents have made "grave errors" in their arrests, made false allegations and blatantly violated the U.S. Constitution.
"I have serious concerns about publicly giving the appearance the protocol is somehow making it safe for folks to come to court when in fact they may still be arrested by ICE and deported to a brutal detention center in El Salvador," she wrote.
Cabrera said the public should be aware that they're assuming this risk when they come to the courthouse.
"I cannot in good conscience support a protocol that gives the impression that it was created to do something about how ICE conducts its business in the courthouse, where all the protocol does is to require ICE to check in with the Chief Judge first and then proceed as they wish."
Courthouse arrests raised concerns about access to justice system
Following the earlier arrests at the courthouse, county officials and stakeholders have expressed concerns about the impact ICE's presence has on immigrants' accessing the justice system and other services at the courthouse.
Darryl Morin, national president of the advocacy group Forward Latino, said he is still trying to get information about the incident, but he stressed the "significant difference between presenting an administrative warrant and a judicial warrant," which is signed by a judge.
He added that Republican and Democratic presidents in the past have strongly discouraged sending ICE agents to conduct immigration enforcement actions at "sensitive sites" like courthouses, churches, and schools. Sending ICE agents to courthouses, for example, is creating doubt and mistrust of the judicial system, "and, by extension, law enforcement and public safety," Morin said.
On April 22, state Rep. Bob Donovan, R-Greenfield, expressed outrage in a news release that Dugan may have helped an undocumented immigrant evade arrest from federal agents.
“In all my years of Milwaukee politics and public safety issues, working with cops, district attorneys, and judges, I have never seen a more irresponsible act by an officer of the court, let alone a judge, if true," said Donovan, a longtime Milwaukee alderman. "This borders on obstruction of justice and I hope the FBI continues a thorough investigation and, if warranted, prosecution to the fullest extent of the law."
Dugan is still hearing cases. Her docket is full the rest of this week, online court records show.
Dugan was elected to Branch 31 of the Circuit Court in 2016 by knocking off an appointee of Republican Gov. Scott Walker and primarily handles misdemeanor cases.
Before that, the University of Wisconsin law school graduate practiced at Legal Action of Wisconsin, Inc. and Legal Aid Society, Inc. as a litigation attorney and in law firm administrative positions.
Her current judicial term expires in 2028.
Alison Dirr of the Journal Sentinel contributed.
Friday, November 15, 2024
Former West Allis day care employee charged with multiple counts of child pornography
From JSOnline:
Adrienne Davis
Adrienne Davis
Milwaukee Journal Sentinel
A former West Allis day care employee is facing multiple child pornography charges.
Jonathan Burkee, 25, of West Allis, was charged Nov. 13 in Milwaukee County Circuit Court with one count of child sexual exploitation and five counts of child pornography, all felonies. If convicted of all charges, Burkee faces up to 165 in prison and fines of up to $600,000.
Burkee was an employee at St. Paul’s Lutheran School in West Allis
According to the criminal complaint:
On Nov. 6, a West Allis police detective was contacted by an FBI agent regarding a cybercrime discovered on Nov. 5 in an online chatroom. The agent told the detective that the victim was an 11-year-old girl who was a student at St. Paul's Lutheran School in West Allis.
Investigators discovered that several inappropriate photos of a juvenile female were located in the chatroom. The photos appeared to be taken in a school environment while in the presence of other children.
The girl in the photos was identified as a current student at the school. Investigators then contacted the victim's mother, who told them she believed the principal's son (Burkee) was the person who had taken the photos.
The mother told investigators that Burkee worked in the school's day care and was a babysitter who babysat the victim and her sister at his residence in West Allis. Burkee had babysat the children most recently on Nov. 1.
The West Allis Police Department and the FBI executed a search of Burkee's home on Nov. 9
On the morning of Nov. 9, West Allis police and the FBI, having obtained a warrant, conducted a search of Burkee's home in West Allis.
Prior the search, Burkee told investigators, "I know what I did is wrong, I have to go to the bathroom, I have child stuff in my phone. Dad I'm sorry, I have child stuff in my phone."
West Allis police later conducted a search of one of Burkee's cellphones seized during the warrant. It contained multiple photos of female children in the deleted photo gallery.
St. Paul's Lutheran confirmed that Burkee and his father were no longer employees at the school
In an email sent to the Journal Sentinel, Jeff Reinhardt, congregation president of St. Paul's Lutheran Church, confirmed that the school was aware of the situation and that as of Nov. 9, Burkee was no longer an employee at the school.
"We have been and will continue to cooperate with the West Allis Police Department with their ongoing investigation," Reinhardt said in the email. "Please understand that our primary focus at this time is providing our families and students with guidance and support as we navigate this difficult time. Please honor our request and provide our Church, School and families with the privacy we need to work and focus on healing together."
Reinhardt also confirmed that the principal, Burkee’s father, had resigned as principal on Nov. 9.
Burkee appeared in court on Nov. 13. A cash bond was set at $5,000. He is due back in court on Nov. 21.
Contact Adrienne Davis at amdavis@gannett.com. Follow her on X at @AdriReportss.
Friday, October 18, 2024
Former MPS teacher's aide found guilty of child enticement and other felonies
From JSOnline:
Jefferson was found not guilty on two of 10 felony charges, including second degree sexual assault of a child.
Cleo Krejci
Milwaukee Journal Sentinel
A Milwaukee jury has found Randell Jefferson, a former teacher's aide at the Oliver Wendell Holmes School, guilty of seven felonies related to his contact with children.
Those convictions include three counts of soliciting a child for prostitution, two for child enticement with sexual contact, and two for exposing a child to harmful material, according to the jury's Wednesday verdict in Milwaukee County Circuit Court.
Jefferson, 35, was found not guilty of two more charges related to second-degree sexual assault of a child and child enticement with sexual contact. One more count, exposing a child to harmful material, was dismissed.school
The charges were connected to Jefferson's contact with children at the Harambee neighborhood elementary and middle school between between 2021 and 2023. He worked there since the since the 2018-19 school year, according to state data
Jefferson is scheduled to be sentenced Nov. 21.
He could face up to 25 years and $100,000 for each enticement and solicitation charge. For the charges related to exposing a child to harmful material, he could face up to 3½ years in prison and $10,000 in fines.
Lawyers for Jefferson did not respond to request for comment before publication.
Cleo Krejci covers education and workforce development as a Report For America corps member based at the Milwaukee Journal Sentinel. Contact her at CKrejci@gannett.com or follow her on Twitter @_CleoKrejci. For more information about Report for America, visit jsonline.com/rfa.
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