Jury acquits officers in biracial beating case

[Judi Lynn]

Jury acquits officers in biracial beating case
Verdict threatens to inflame racial tensions in Mailwaukee

Updated: 3:21 a.m. ET April 15, 2006
MILWAUKEE - A jury acquitted three white former police officers on most charges Friday night in the severe beating of a biracial man in a case that inflamed racial tensions in the city.

The all-white jury completely acquitted Daniel Masarik, 26, and Andrew Spengler, 26. They deadlocked and reached no verdict on a substantial battery charge against Jon Bartlett, 34, but acquitted him on another.

Prosecutors claimed the three beat Frank Jude Jr. in the early morning hours of Oct. 24, 2004 because they thought he stole a badge from one of the officers at a party. District Attorney E. Michael McCann said the officers relied on a code of silence within the police department to protect them.
(snip)

Defense lawyers had argued key witnesses were unreliable when they testified the men helped put a battered Jude in the hospital with injuries that required reconstructive facial surgery.
(snip/...)

http://www.msnbc.msn.com/id/12324416/from/RSS/





Posted on Fri, Apr. 14, 2006
Major events in the beating of biracial man in Milwaukee
Associated Press
Oct. 24, 2004: Frank Jude Jr., who is biracial, is beaten by group that includes off-duty police officers, who accuse him of stealing a badge from the home where the off-duty police were partying. Jude, a stripper from Appleton, had accompanied a black male friend and two white women to the party in the early morning hours and was leaving when the incident occurred.

Feb. 6, 2005: With no charges yet filed in the case, the Milwaukee Journal Sentinel publishes a report on the beating with a front-page photo of Jude's swollen and bloodied face, taken while he was hospitalized for 2 1/2 days recovering from his injuries.

Feb. 10, 2005: Alderman Mike McGee, Jr. leads a protest in front of the office of Milwaukee County District Attorney E. Michael McCann over the lack of action in the case.

Feb. 28, 2005: Jon Bartlett, Daniel L. Masarik and Andrew Spengler, all white, are charged with substantial battery. Bartlett and Masarik also are charged with second-degree recklessly endangering safety and Masarik also faces a perjury charge.
(snip/...)

http://www.duluthsuperior.com/mld/duluthsuperior/news/politics/14346063.htm

[H2O Man]

1. Gross.

I watched parts of the trial. The officers were guilty as sin. They are a disgrace to the uniform.

[saigon68]

12. Its operation "BEAT UP THE NEGRO"

Looks like he was at ABU Ghraib

Nicole Belmore was the first officer to corroborate accounts from several non-police witnesses, describing words and actions that other police present at the incident have said they didn't notice, effectively breaking the "police code of silence" that prosecutors say has hampered the case.

Belmore testified she saw all three defendants make forceful contact with Jude while he was lying on the ground. Two of them, Jon Bartlett and Daniel Masarik, kicked Jude hard even after he had been handcuffed, she said, and Bartlett put a knife to Jude's neck.

She cried on the witness stand when she described being "treated just horrible" by other police officers once the three defendants were arrested. At least once, she testified, the pressure extended to her not getting backup on a solo assignment despite asking for it several times.

"I was repeatedly called a rat. I had doors slammed in my face," Belmore said. " . . . Their booking photos were copied and pasted all over my locker with little hearts."




Milwaukee Police Officer Nicole Belmore (left) demonstrates on Deputy District Attorney Jon Reddin how Jon Bartlett, then an off-duty officer, put a knife to Frank Judes throat in October 2004, according to her testimony on Thursday.

[DUHandle]

27. We're talking Milwaukee here,

a city that is as hypersegregated as all hell

http://www.uwm.edu/MilwaukeeIdea/CC/mca/packet/spring2004/History%20150/Marclevine%20-%20on%20segregation%20in%20Milwaukee.doc

and at same time claims to be a regional leader.

[saigon68]

31. Its segregated and racist too.

Go on the south side, if you're Black, they will "pull you over".
And the Cops love to mete out an old fashioned "ass-kicking"

[acmejack]

2. But IAW the AmeriKan way they are found Innocent

he must have tripped. The clumsey oaf, he was lucky the nice police officers were there to help him to his feet and prevent him from further injuring himself.

These travesties of justice get so tiresome...

[Judi Lynn]

3. Photos of cops who beat/kicked/etc. Frank Jude, Jr.

Eleven photos, small "slideshow."

http://www.themilwaukeechannel.com/slideshow/news/4384072/detail.html

[ConcernedCanuk]

4. OK, so who beat him then?

.
.
.

And cops don't like charging cops, so there must have been some compelling evidence for them to do so

From the posted Article:

March 16, 2005: The three officers are ordered to stand trial and all plead not guilty.

April 15, 2005: Police announce that 13 officers face possible disciplinary action.

May 5, 2005: Chief Nan Hegerty fires a first officer in relation to the beating for refusing to answer questions about the incident.

May 24, 2005: Eight more police officers, including the three facing criminal charges, are fired for joining in or witnessing the beating.
_______________________________________________________________________

Cops are fired en masse, then charged and tried by their "PEERS" ????

an all-white jury

well-done USA justice . . . .

Can't say that I'm surprised tho

(sigh)

[Zynx]

5. Now we all know there isn't racism in the North./sarcasm

This is disgusting beyond belief. We sound like Georgia or Alabama that we need federal prosecution in this sort of case.

[AX10]

6. Damn It! The Government has enough damn power.

The government has enough power as it is. They don't need any more. Taking power away from the state is the only way we are going to have justice. This is a gross injustice.

:argh:

"PEOPLE SHOULD NOT BE AFRAID OF THEIR GOVERNMENTS. GOVERNMENTS SHOULD BE AFRAID OF THEIR PEOPLE"

[dolo amber]

7. Late last night, there was a press conference with the Mayor and

the chief of Police...they both were visibly DISGUSTED by these verdicts. Nan Hegerty (PC) said the officers who broke ranks and testified against the ones on trial were "telling the 100% truth, there's no doubt in my mind". The mayor said he was "shocked and outraged" by the decisions. I've NEVER seen city officials come out so strongly against verdicts in such a public case (it was covered on Court TV ffs) that makes them look bad in the first place. It was awesome.

Phew...big news day in Milwaukee. x(

[Red_Viking]

8. What about a civil suit?

That's still an option for Mr. Jude. I hope he's exploring it. There's enough just in the info here to make me think he has a viable case. Plus, all that testimony made under oath can probably be used, depending on Wisconsin's evidence rules. If the cops were acting under color of authority, there's also a Civil Rights violation that may implicate the police department and the city.

No wonder the Mayor and Police Chief are worried.

I hope the officers who came forward to testify (the epitome of courage) have some good protection. This whole thing stinks! Just goes to show how easy it is to attack the victim in court and tank what looks like a solid case. I'm sure the fact that Mr. Jude is bi-racial, a stripper, and showed up at the party with a white woman stood out for some of the jurors. Ugh.

Peace,

RV

[happyslug]

9. In Most states the CITY will pay for any Judgment

Thus in a Civil suit (unless it causes a Tax Increase) will be punishing the Mayor and his Police chief (Do to having to come up with the money to pay the Judgment) more than officers involved. Now technically the City could go after the Officers to reimbursement, but that is difficult and takes time.

[Igel]

10. Even if the police are off-duty at a party? n/t

[HuffleClaw]

11. all white jury

is all ya need to know really.

[FiveGoodMen]

19. That sure seems to be the case!

How do they manage to stack every single racially-motivated cop trial with white supremacists -- all over the country?

[shenmue]

13. So, did the guy beat himself up?

The hell. The stupidity of juries never ceases to amaze.

[goclark]

25. I watched a jury selection on two cases

Now I understand how it is done.

This is an example of a question put to Multiracial or African American potential jurors as well as ALL the potential jurors ...


Question from Judge: Do you think that you could be fair to a police officer?

Answer: African American (4/5 replied): " "NO, I could honestly not be fair.
I have seen too many examples of my people being the victims of police brutality!"

(Thank you and you may be excused)

Same Question, WHITE potential juror: Can you be fair bla bla bla

Answer: Yes your honor, I can be fair to the police officer and I can also be fair to the Defendant (they lie much better an don't feel a thing)

Yet when the question was asked to all the jurors, "what radio programs do you like to listen to"

Answer: Rush etc. etc.

Guess who got on and guess who was nicely told to go home?

I could not believe it.
I am African American and I could not believe my ears!


Guess who won, both cases ~

You know the answer.

[judaspriestess]

14. I caught a glimpse of the trial

what those asshole cops did to the guys fingers. He can't even put his wedding band on anymore.

This is really, really fucked up but I'm not surprised sad to say.

[Judi Lynn]

15. Update:U.S. attorney: Office to consider charges in police beating

U.S. attorney: Office to consider charges in police beating
By CARRIE ANTLFINGER
Published: Saturday, April 15, 2006 3:48 PM CDT


MILWAUKEE - The U.S. Attorney's office is in the early stages of considering federal civil rights charges in the beating of a biracial man after a jury acquitted three white former police officers of most of the county charges against them, a federal prosecutor said Saturday.

"We'll meet with the district attorney, we'll review the evidence that he and the Milwaukee police gathered and we will evaluate to determine if any of the conduct violates federal law," U.S. Attorney Steven Biskupic said.
There wasn't a timeframe but, "I'm committed to doing this as promptly as possible," he said.

He said he would look at the federal statute that applies to police officers who deprive citizens of their civil rights.
(snip/...)

http://www.chippewa.com/articles/2006/04/16/ap-state-wi/d8h0l1887.txt

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Posted on Sun, Apr. 16, 2006
WISCONSIN
Federal charges sought after police beating
From Miami Herald Wire Services

MILWAUKEE - The U.S. Attorney's office is considering potential federal charges in the beating of a biracial man after a county jury acquitted three white former police officers of most of the charges against them, a federal prosecutor said Saturday.

County prosecutors claimed the men beat Frank Jude Jr. on Oct. 24, 2004, because they thought he stole a badge at a party. Defense lawyers argued that key prosecution witnesses were unreliable.

After more than 26 hours of deliberations, the all-white jury returned not guilty verdicts late Friday on the charges against Daniel Masarik and Andrew Spengler, both 26. John Bartlett, 34, was cleared on one charge but the jury deadlocked on a charge of substantial battery.
(snip/)

http://www.miami.com/mld/miamiherald/news/state/14351314.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Jude case plays out like a tragedy
Posted: April 15, 2006

A reader told me he plans to write a play about the Frank Jude Jr. case and call it "Spengler's Badge."

"A shocking tale of police brutality and the blue web of lies leading to an outrageous conclusion," the early reviews might say.

I'm imagining the curtains opening to show a party in progress with three kegs of beer being downed by off-duty police officers. One of them named Andrew Spengler suddenly says, "Hey, someone stole my police badge. It was probably that black guy somebody brought to the party."

The audience learns that this man is actually biracial. His name is Frank Jude Jr. He denies taking the badge, but he's beaten and kicked and stabbed in the ears by a mob of drunken men who are paid to uphold the law.

It's hard to watch, even on a stage. The play's director hires a makeup expert to turn Jude's face into something barely recognizable as human.
(snip/...)

http://www.jsonline.com/story/index.aspx?id=416176

[DUHandle]

18. I followed the Jude beating and trial fairly closely, but

aren't we on a slippery slope here, since it looks like the cops will be tried twice for the same crime?

[genieroze]

21. I'm not defending the cops but is that legal to try someone for the

same crime twice. ?

[DUHandle]

23. Who knows????

We've all seen the Feds interpreset "the law" loosely, so maybe they will try them again.

[Critters2]

24. The federal charges will probably be for violations of civil rights

not battery. Technically different charges, thus different crimes, thus double jeopardy doesn't attach. But even if it did, these guys need to be brought to justice. The feds tried people all the time during the civil rights movement, because local all-white juries refused to convict obviously guilty defendants. If all citizens behaved honorably, this wouldn't be necessary. But when white juries protect white cops, something needs to be done.

[DUHandle]

26. That would be nice.

a jail term for civil rights violations.

[oasis]

34. Feds are likely to charge the thugs with violating Jude's civil rights.

That's what happended in the Rodney King case after the all white jury aquitted the thug L.A. cops in the first trial.

[goclark]

28. Is he appointed by The Decider or is

there any hope of justice winning out?

[ConcernedCanuk]

16. Just one more incident that convinces me never to visit the USA again

.
.
.

I will sure regret the day when one of my friends that visit/work down there tell me some horror story of their own

But I won't hesitate to say "I told you so"

(sigh)

[Judi Lynn]

17. Community Leaders Call For Change After Officers' Acquittal

Community Leaders Call For Change After Officers' Acquittal
Andrew Spengler Wants His Job Back

POSTED: 2:52 pm CDT April 17, 2006



MILWAUKEE -- About 50 community leaders are decrying the acquittal of three white former police officers in the beating of a biracial man.

Rev. Louis Sibley III is the president of the Milwaukee Innercity Congregations Allied for Hope.

He said he does not want Milwaukee to become the new South.

The ministers urged legislators to craft a law that would require the firing of any officer who witnesses another officer commit a crime and does not report it.

They also called for an independent investigator to look at claims of police misconduct.
(snip/...)

http://www.themilwaukeechannel.com/news/8774214/detail.html

[genieroze]

20. It's bad enough when on duty police get away with kicking the crap out

of someone. Heaven help you if you even touch of cop, even in self defense but now they can kick the crap out of you off duty as well and get away with it because of that blue shield of silence crap. Something similar happened near where I live to someone who was a well respected businessman. A bunch of drunk off duty white cops decided to kick the crap out of the guy because he cut them off on the road. They followed him home and beat the crap out of the guy. They messed with the wrong guy who lived in a predominately Jewish area and had political juice. They had their butts handed to them.

[Gold Metal Flake]

22. Of course the cops lied. Of course the defense attorneys lied.

Of course, their friends lied.

But the evidence, the eyewittnesses...

This comes down to the jury.

Who are the people on the jury, and who got to them?

[Judi Lynn]

29. Police Acquittals Enrage Some in Milwaukee

April 19, 2006, 1:57PM
Police Acquittals Enrage Some in Milwaukee


By CARRIE ANTLFINGER
© 2006 The Associated Press

MILWAUKEE — The acquittal of three white former police officers in the beating of a biracial man has angry Milwaukee residents likening the verdict to the historic injustices in the South and demanding federal prosecutors step in.
(snip)

On Friday, the jury returned not guilty verdicts on most charges against fired officers Jon Bartlett, 34, Daniel Masarik, 26, and Andrew Spengler, 26, in the beating of Frank Jude Jr. On one charge, against Bartlett, the jury reached no verdict and prosecutors say they will retry him.
(snip)

U.S. Attorney Steven Biskupic said his office is looking into possible federal charges, such as obstruction or civil rights violations, but said the review could take months. In the Los Angeles case, two of the four officers acquitted of state charges were eventually convicted in a federal trial.
(snip)

Matt Nelson of the Milwaukee Police Accountability Coalition said the outrage over the verdicts is a predictable outcome of a failed system. No officer was found responsible for wrongdoing in more than 800 citizen complaints from 1999 to 2005, he said.
(snip)

It was in a mostly white, working-class neighborhood where Jude arrived at the party with a black friend and two white women. Authorities said some partygoers accused them of stealing a badge, then punched and kicked Jude, removed his pants and stuck a pen in his ears as they hurled racial slurs. No badge was found.
(snip)

http://www.chron.com/disp/story.mpl/ap/nation/3804842.html

[Blue_Tires]

30. wow

where was the 'reasonable doubt' in this one?

[Jazz2006]

32. Oops - posted in the wrong spot- sorry n/t

[Jazz2006]

33. The thin blue line strikes again. Jesus. n/t

[anitar1]

35. IMO, never trust a policeman. and Iam an old lady.

I have seen and heard too much through the years to have any trust in cops. Especially when it comes to race. They are the worst.