Judge Rules Tearman Spencer Criminal Case Will Move Forward

Attorney William F. Sulton and Tearman Spencer. Photo taken Oct. 5, 2024 by Graham Kilmer.

The criminal case against former city attorney Tearman Spencer continues despite efforts by his attorney to have the charges dismissed.

In court Thursday, attorney William F. Sulton argued that facts in the case against Spencer do not amount to probable cause that a crime was committed. But Judge Jorge Fragoso determined the complaint filed by the District Attorney’s office did meet the standard for probable cause.

Spencer was charged in October with one count of felony misconduct in public office, which can carry a fine of up to $10,000 and three and a half years in prison; as well as one count of misdemeanor obstructing an officer, which can result in up to a $10,000 fine and nine months imprisonment.

The charges stem from an incident in 2022, when Spencer is alleged to have interfered with a city inspector and directed an assistant city attorney to draft a memo determining that a property owner did not need an occupancy permit for a building at 3030 N. Martin Luther King Jr. Dr. where Spencer himself was storing cars and would have benefitted from such a determination.

As city attorney, Spencer oversaw a team of roughly three dozen attorneys and served as the chief legal counsel for the City of Milwaukee and its constituent government agencies.

Prosecutors allege that this amounts to Spencer using his discretionary power as city attorney to “obtain a dishonest advantage for another.” The case against Spencer is being litigated by Assistant District Attorney Nicolas J. Heitman.

Sulton argued that, based upon the state’s complaint, Spencer was merely directing subordinates to conduct legal research in drafting the memo and that this did not constitute felony misconduct in public office.

“The mere fact that he knew someone doesn’t transform this into a crime,” Sutton said.

Spencer’s obstruction charge was brought against him for statements he made to investigators. Sulton argued in court Thursday that Spencer was not dishonest when he responded to questions by saying he could not recall, or could not remember.

“If what [Sutton] said is all that was in the complaint, we wouldn’t be here,” Heitman said. “But there’s a lot more that’s in the complaint than what [Sutton] just told the court.

Fragoso determined there is probable cause for both counts. The case now moves forward for a preliminary hearing.

“I respect the judge’s ruling, obviously, but we disagree with it,” Sutton told media after the hearing.

He further said that he doesn’t expect the case to go trial and that he will continue to argue against the state’s case for probable cause at a preliminary hearing.