GOP Bill To Limit John Doe Cases Against Police Passes Legislature
Officers involved in shootings can currently face charges from judges after prosecutors decline.
The Wisconsin Capitol at night. (Isiah Holmes | Wisconsin Examiner)
Republican legislation designed to restrict the ability of courts to issue criminal complaints under the state’s John Doe law passed in the Assembly and Senate this week. Republican supporters of the bills argue they’re needed to protect police officers from having use-of-force cases reviewed after a district attorney has already found an officer acted in self-defense. The legislation applies both to police and to anyone else who is the target of a secret John Doe investigation which, under a 19th century Wisconsin law, allows a judge to determine whether it is probable that a crime has been committed even in cases where a prosecutor has declined to press charges. Under the proposed revision to the law, new evidence would have to be brought forward before a John Doe hearing could begin.
In recent years the courts have taken a closer look at police shootings in Madison and Milwaukee using John Doe proceedings. The Madison shooting involved officer Matthew Kenny, a 12-year veteran of the Madison police department who killed 19-year-old Tony Robinson in 2015. Dane County Judge Stephen Ehlke dismissed that case. A John Doe proceeding was also used in the case of former Wauwatosa officer Joseph Mensah, who killed 25-year-old Jay Anderson Jr. in 2016. At the time, Mensah was a new Wauwatosa officer. Anderson was his second fatal shooting in a 12-month period. Four years later, another fatal shooting involving Mensah fueled months of protests spearheaded by the families of those killed by Mensah. Among the Mensah killings, only Anderson’s case was reviewed under the John Doe law, after which a judge found that probable cause did exist to charge Mensah with a crime. Special prosecutors appointed to take the case later declined to pursue charges against Mensah. Although the prosecutors said probable cause to charge Mensah did exist, they added that they did not believe they could meet the standard of proof beyond a reasonable doubt.
Republican lawmakers and police argue that once an officer is cleared of wrongdoing by a district attorney, new evidence should be required before a John Doe proceeding is allowed. Critics of the bill say it could hinder the ability of crime victims to seek remedies in cases dismissed as self-defense by a district attorney. Attorney William Sulton told Wisconsin Examiner that the bill is an exaggerated reaction to a handful of cases, none of which proved successful. Sulton also objected to what he sees as an effort to protect people with power and influence including police officers, politicians and wealthy individuals from John Doe investigations. In early February, the bill was passed by the Senate Committee on Judiciary and Public Safety in a 4-3 vote. Sens. Kelda Roys (D-Madison), LaTonya Johnson (D-Milwaukee), and Eric Wimberger (R- Green Bay) voted against the bill. It passed the full Senate Tuesday in a 21-10 vote. Wimberger was the only Senate Republican to join all of the Senate Democrats in voting against the bill. The bill now goes to Gov. Tony Evers’ desk to be signed into law or vetoed.
Republican bill to limit John Doe law passes Senate and Assembly was originally published by Wisconsin Examiner.
Atty Sulton is right. Judges and DAs are part of the same “club.” Members of the club do not do anything to harm each other. This law would take away the right of people to hold government accountable. That is something the Republicans strongly oppose. They already passed a law barrign John Doe investigations into themselves. Who needs protection from being held accountable? People who do things they know are wrong. That’s who.
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