Mensah Settlement Leaves Lawyers, Officials Squabbling
Attorneys arguing with city; police chief at odds with Common Council.
Joseph Mensah is set to resign from the Wauwatosa Police Department (WPD), but the movement of activists calling for the department to be held accountable for its policies continues to push for change. Mensah, who was involved in three fatal police shootings over the past five years, agreed to resign after finalizing a separation agreement with the city. The agreement and its conditions have become a new source of contention.
Lawyers Kimberley Motley and Deja Vishny issued a letter to Wauwatosa Common Council members, City Attorney Alan Kesner, Police and Fire Commission (PFC) president Dominic Leone, and others on Nov. 18 outlining the “strong objections” they have to the agreement. Motley and Vishny have represented the families of those Mensah has killed, including 17-year-old Alvin Cole. The Motley Legal firm also filed complaints against Mensah on behalf of the families of 25-year-old Jay Anderson, Jr. and 28-year-old Antonio Gonzales.
In a press statement on Nov. 19, Motley Legal asserts that the Common Council failed to give proper public notice, nor did it inform Motley’s clients of the resolution which was approved on Nov. 17 regarding Mensah’s resignation. The lawyers state that this constitutes a violation under Wisconsin’s open records law. McBride pushed back against the assertions in a statement to Wisconsin Examiner.
“As required by the statute,” the mayor said, “the agenda was published more than 24 hours in advance and ‘set forth the time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session in such form as [was] reasonably likely to apprise members of the public and the news media thereof.’” McBride adds that one of the agenda items mentioning discussion involving litigation related to WPD was the same language used in the council’s agenda of July. 14 and Oct. 20 of this year.
“The City received no objection from attorney Motley or anyone else regarding the agenda notices given for those meetings,” McBride wrote in an email. “Attorney Motley and her clients were not parties to that relationship, nor were they parties to potential litigation between Officer Mensah and the City. The Council discussions on July 14th, October 20th, and November 17th were in closed session because they dealt with ‘potential litigation and associated litigation strategies.’ Under the Open Meetings Law, members of the public, including attorney Motley, had no legal right to participate in such confidential discussions.” McBride, a lawyer in his own right, cites Wis. Stat. 19.85 (1) (g) to back up his argument.
In a separate press statement, Motley Legal states that the language of the agenda item referenced by McBride is “intentionally vague.” Further, the lawyers object to the dropping of the complaints filed against Mensah on behalf of the Gonzales and Anderson families.
“Joseph Mensah should be terminated from the Wauwatosa Police Department,” reads the Nov. 18 press release. “The hearing against Mensah began with the acceptance of charges against him on July 15, 2020. Since that time both sides have argued on the record, given pleadings, and offered written evidence to the PFC in this case.”
WPD released a statement on Mensah’s resignation on Nov. 20. “As part of the agreement,” it read, “any pending cases with the Wauwatosa Police and Fire Commission were dismissed and his suspension was lifted. Officer Mensah’s resignation will be effective Nov. 30, 2020, and he will resign in good standing with the Wauwatosa Police Department. Officer Mensah has been a member of this department for the past five years and will be missed. We wish him the best in his future endeavors.”
The department adds that, despite the challenges it experienced in 2020, “our commitment to serve and protect the citizens of Wauwatosa has not wavered and we will continue to do so with the same dedication and professionalism that is expected of us.”
Moving forward on shaky ground
Since the protests over the killing of George Floyd by a Minneapolis police officer, which sprang into Milwaukee’s streets over a summer weekend in May and then made their way to Wauwatosa, policy changes have occurred involving Tosa police. The city has moved to implement a body camera program for all officers, something it had been unable to achieve in recent years. A ban on chokeholds passed, as well as a prohibition on city officials requesting the execution of no-knock search warrants.
Both the the city’s Equity and Inclusion Commission (EIC) and an ad hoc committee on policing and other systemic issues were established in 2020. The city has made other future commitments to reform and inclusive policies, involving not just the police but the Wauwatosa government.
Then came the WPOA’s call to remove John Larry, who chairs the ad hoc committee, from his position and to disband the committee altogether. Marchers, many of whom regularly attend protests organized by a group called The People’s Revolution (TPR), held a protest outside Mensah’s home chanting, playing loud music, and speaking over loudspeakers. One of the protesters fired a gun. Witnesses at the scene, including Rep. David Bowen, disagreed about who was responsible for the escalation.
Shortly after the incident, Mensah took to Facebook stating that he and his girlfriend had been shot at multiple times. But the WPD, which is investigating the incident, stated that a single shot was fired. Weber accused Bowen and other witnesses of spreading inaccuracies on Aug. 11 during a radio interview on the Mark Belling Show. Mensah moved from his home after the incident, and three individuals were arrested. WPD confronted protesters every night for the following week, culminating in a standoff on Aug. 14 triggered by the arrest of a marcher.
Ald. Nancy Welch (Dist. 3) clashed with Weber during a government affairs committee meeting in late October. The verbal exchange occurred as Welch addressed the police department’s stance that Larry’s presence at Black Lives Matter protests is problematic.
“I think it’s important to note that [regardless of] any behavior outside the meetings, in terms of the meetings themselves, Mr. Larry has done a perfectly fine job as chair and has not brought in any of his personal opinions in an attempt to skew the behavior of the committee,” said Welch during the meeting. “What does concern me is the lack of cooperation from the police department and from the police union,” she continued. “This concerns me greatly because this is a council-created committee and we have a police department that’s basically saying they won’t cooperate with a committee created by the common council. I have a problem with that.”
WPOA president John Milotzky has noted the union’s lack of interest in working with ad hoc committee members who are affiliated with the protesters. Although Weber has a seat on the EIC, his attendance rate had been low. Nevertheless, Weber accused Welch of lying about the department’s patterns with the ad hoc committee. “That’s not true,” the chief shot back as soon as Welch finished her sentence. Welch requested that Weber not interrupt her during the meeting, yet he continued. “And don’t lie,” said Weber, drawing an angry response from the alderwoman.
Welch told Wisconsin Examiner, “I thought their behavior was unprofessional and inappropriate, and displays a certain resistance to move forward in a collaborative matter to enact some very important police reform measures, like the body cameras.”
Protests in Wauwatosa continue. During the evening hours of Nov. 19, TPR held a small protest outside McBride’s home. Dozens of protests have occurred near the mayor’s house, as well as at the home of the president of the PFC who lives on the same block. WPD officers responded to the protest, monitoring the event and forming a perimeter around McBride’s home. No arrests were made. More protests are planned in the days to come.
Reprinted with permission of Wisconsin Examiner.
- Alvin Cole Family Files Civil Rights Lawsuit Against Wauwatosa - Isiah Holmes - Jul 29th, 2022
- Special Prosecutors Won’t File Charges in Jay Anderson Killing - Isiah Holmes - Jun 2nd, 2022
- Did Tosa Police Withhold Phone Data? - Isiah Holmes - Mar 20th, 2022
- Three Tosa Police Given Immunity in Jay Anderson Probe - Isiah Holmes - Feb 1st, 2022
- Special Prosecutors Appointed in Case Against Joseph Mensah - Corri Hess - Dec 8th, 2021
- Supervisor Clancy Applauds Probable Cause Decision in Death of Jay Anderson, Jr. - State Rep. Ryan Clancy - Jul 29th, 2021
- Rep. Bowen Statement on John Doe Charging Decision Against Joseph Mensah - State Rep. David Bowen - Jul 28th, 2021
- Closing Arguments Delivered On Jay Anderson’s Killing - Isiah Holmes - May 20th, 2021
- Tosa Police Had Many ‘High Value Targets’ - Isiah Holmes - May 12th, 2021
- Tosa Police Chief Testifies About Mensah - Corri Hess - May 4th, 2021
Read more about Case of Officer Joseph Mensah here