By Emanuella Grinberg Court TV
Prosecutors in Milwaukee rested their case Friday against three former police officers after a uniformed officer testified he saw the defendants kick and punch an unarmed theft suspect even after the man was handcuffed. Officer Joseph Schabel's testimony followed four days of statements from several off-duty officers, who testified that they did not witness any inappropriate physical violence toward the alleged victim, Frank Jude. But in a case that prosecutors claim was plagued from the start by a so-called "blue wall of silence" from uncooperative officers, even Schabel, the state's key witness, admitted that his version of events had changed several times since the Oct. 24, 2004, incident. Lawyers for defendants Jon Bartlett and Andrew Spengler claim their clients' actions fell short of criminal behavior when they attempted to detain an unruly Jude, whom they believed stole Spengler's badge during a party at his home.
Co-defendant Daniel Masarik is expected to take the stand next week and claim he was on the phone with his wife in Spengler's home when the incident occurred. As the first squad on the scene responding to a call about an uncooperative suspect, Schabel testified he immediately considered Jude a combative suspect as Jude struggled against Masarik, Bartlett and Spengler, who were holding him down. Schabel admitted that he punched Jude in the shoulder with two "focused strikes" to gain control of his arm so he could help the off-duty officers handcuff him. But when the three defendants allegedly began kicking and punching Jude in the head even after he was handcuffed, Schabel testified he realized the situation had spiraled out of control. "I asked [Spengler], 'What kind of bag of s--- did you just hand me?'" Schabel recalled. Schabel told jurors that he did not tell the supervising sergeant that he witnessed Bartlett and Masarik kick Jude in the head as he lay face-down in the street wearing two sets of handcuffs. He also admitted that he was not immediately forthcoming during an interview with Internal Affairs about allegedly seeing Spengler punch the 26-year-old stripper for fear of retaliation. "I definitely didn't want to say everything that I saw," Schabel testified. "I was very concerned about my family." Under cross-examination, lawyers for the three defendants grilled Schabel on his decision to not include any of the allegations in the police report, including his own use of force. "It was my belief that internal affairs or the professional performance division were going to be taking care of reports for [the beating of] Mr. Jude," Schabel said. Spengler's lawyer, Michael Hart, asked the witness if he was acting out of fear that he may suffer consequences for Jude's injuries. "If you were to be held responsible for the injuries to Mr. Jude, that would have a pretty big effect on your family also?" Hart asked. "Yes, it would," Schabel testified. Even when Schabel finally did meet with authorities from Internal Affairs, he admitted that he was not immediately forthcoming with information. "Did you tell them the truth then?" Bartlett's lawyer, Gerald Boyle, asked in his examination of the witness. "Not all of it," Schabel conceded. "I didn't name names ... for fear of retaliation throughout the department." After a two-hour break in the Nov. 2, 2004, meeting, Schabel testified he came back and finally named the three defendants. Even after that, in a meeting with the district attorney's office in February 2005, Schabel testified that he told authorities that the locations he had put the defendants in around Jude's body were incorrect. The cadre of defense lawyers also questioned the witness over a version of events that clashed with those of his partner, Nicole Martinez Belmore, who testified Thursday that she saw Bartlett kick Jude in the head and Masarik kick him the groin. Belmore wept on the stand as she described the alienating treatment she received from colleagues for participating in the investigation. But Schabel insisted that any discrepancies in their stories were likely the result of them never having compared notes on the case. "Just because you're not seeing something doesn't mean it didn't occur?" District Attorney E. Michael McCann asked Schabel. "No, it doesn't," Schabel said. Lawyers for Daniel Masarik are expected to start their case Monday. The trial is being streamed live on the Web at Court TV Extra. |