Daphne Chen
Reporters have long sought Milwaukee County's closely-guarded list of law enforcement officers with a history of dishonesty, bias or past crimes.
It’s known as the “Brady list,” and for years, the Milwaukee County District Attorney’s Office resisted efforts to release the full list publicly.
But after pressure from local news organizations, the District Attorney’s Office has released a list of nearly 200 names. Now, the Milwaukee Journal Sentinel is teaming up with TMJ4 News and Wisconsin Watch to investigate the officers who are — and aren’t — on the list.
The Brady list comes from a U.S. Supreme Court ruling that said prosecutors must disclose material that can help defendants prove their innocence, including any evidence that police may not be credible witnesses.
But there's no consistency to how prosecutors in Wisconsin maintain Brady lists, making it difficult or impossible for people charged with crimes to know if the police testifying against them have a history of dishonesty.
"This isn't a story where we're trying to do gotcha journalism or anything like that; this really is about transparency and telling Milwaukee residents what they should know about the credibility of their police officers,” said Jim Malewitz, managing editor at Wisconsin Watch.
"The hope is that by teaming up and working together, we can better serve our viewers and readers," added Tim Vetscher, news director at TMJ4. "For far too long, Milwaukee County’s Brady list has remained a mystery.”
Ashley Luthern is the deputy investigations editor at the Journal Sentinel and an investigative reporter focused on public safety, crime and policing.
"This reporting is about accountability," Luthern said. "Police officers are public employees, and their word carries enormous power, from justifying arrests to testifying against people accused of wrongdoing."
What is the Brady list?
The Brady list is a list of law enforcement officials who have lied, broken the law, or acted in a way that erodes their credibility to be a witness. It’s also known as the do-not-call list or the Brady-Giglio list.
The name comes from the 1963 U.S. Supreme Court case Brady v. Maryland, which ruled that prosecutors can’t withhold material that might help the defense at trial.
Where can I find Wisconsin’s Brady list?
In Wisconsin, there is no single Brady list. District attorney’s offices in each county are responsible for maintaining their own lists.
In an investigation earlier this year, Wisconsin Watch filed records requests with prosecutors in each of the state’s 72 counties. Seventeen denied the records request or said they didn't keep track. Another 23 said they had no names on file. The other counties disclosed a list of about 360 names.
Similarly, a USA TODAY investigation in 2019 found a “widespread failure by police departments and prosecutors to track problem officers,” making it challenging for those accused of crimes to properly defend themselves in court.
Why hasn’t Milwaukee County’s Brady list been public until now?
Until recently, the Milwaukee County District Attorney’s Office had denied records requests from news organizations for the full Brady List, citing the need to protect prosecutors’ investigatory files and attorney work product.
The office released a partial version of the list that only included officers who were charged with a crime or forfeiture action. Officers who were investigated internally but never charged were excluded.
However, the Journal Sentinel and other news organizations continued to push for the entire list. In August, TMJ4 threatened to sue the county if it continued to keep the full Brady list a secret.
The following month, the Milwaukee County District Attorney's Office released the full copy of the list to TMJ4 and the Journal Sentinel. In a letter, the office noted that it could not guarantee the accuracy of the list.
The Journal Sentinel, TMJ4 and Wisconsin Watch are working to confirm the accuracy of the list so that it can be released publicly.
How many people are on Milwaukee County’s Brady List?
Nearly 200 current and former law enforcement officers are on the list, which goes back around 20 years. Some are accused of multiple offenses.
Of those on the list, the majority are from the Milwaukee Police Department.
The list is believed to be incomplete, given that thousands of law enforcement officers are employed across the county by more than two dozen agencies.
What kind of behavior gets you on the Brady List?
The type of misconduct that can land a law enforcement officer on the Brady list is broad, ranging from violent crimes to workplace issues. An officer does not have to be found guilty of a crime or even charged with a crime to be placed on the list.
Of the names on Milwaukee County’s Brady list, the majority involve criminal cases. Roughly a quarter involve internal investigations.
The offenses range from crimes like domestic violence or drunk driving to integrity issues like falsifying police documents or cheating on police training tests.
I have a tip about a Brady List issue. How do I get in touch?
The Journal Sentinel, TMJ4 and Wisconsin Watch are working to confirm the underlying offenses related to each officer on the list.
Readers with questions, tips or feedback about officers who should be on the list are encouraged to contact the Journal Sentinel’s investigative team at wisconsininvestigates@gannett.com.
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