OFFICE OF THE DISTRICT ATTORNEY

Milwaukee County
JOHN T. CHISHOLM · District Attorney
Chief Deputy Kent L. Lovern, Deputies Lovell Johnson, Jr., Jeffrey J. Altenburg, Karen A. Loebel,
Elisabeth Mueller, Matthew J. Torbenson, Bruce J. Landgraf

February 6, 2024

VIA ELECTRONIC MAIL ONLY AT [email protected]

David Biscobing
Investigative Reporter
TMJ4 News

Re: Public Records Request 2024-101

Dear Mr. Biscobing:

As set forth in greater detail below, I grant your request in part and denying your request in part.

The District Attorney’s office collects data concerning misconduct by Milwaukee County law
enforcement officers. The District Attorney’s office started collecting this data in about 2000. We
did this to make informed charging decisions, to comply with our obligation under Wis. Stat. §
971.23(1)(f), which requires disclosure of witness convictions as part of a discovery request, and to
comply with the decision in State v. Randall, 197 Wis. 2d (Ct. App. 1995) which requires the state to
notify a defendant of charges pending against state’s witnesses. I understand this data to be what you
characterize as a “Brady list.”

The data collected on this list includes information about officers who have been charged with
criminal offenses and certain forfeiture violations, such as first offense intoxicated driving, which is
not a crime in Wisconsin. In its native form, the database may also contain case referrals involving
law enforcement officers for which prosecution was declined because of insufficient evidence; case
referrals involving law enforcement officers that are pending investigation; records obtained from
law enforcement agencies regarding departmental findings of untruthfulness or violations of other
department standards of conduct; district attorney notes regarding calling named law enforcement
officers as witnesses; and Brady and Giglio material provided to the defendant regarding the
credibility of certain law enforcement officers who are called as witnesses in cases prosecuted by the
District Attorney’s office.

I decline to answer your question as to whether MCSO Deputy Shawn Bacich’s name appears on the
list. That request falls outside of the public records law because it calls for information rather than a
record. An authority has no duty under the public records law to respond to requests for information.
Journal Times v. Racine Bd. of Police & Fire Commissioners. 2015 WI 56, ¶ 55.
David Biscobing
February 6, 2024
Page 2

I grant your request for a copy of what you have characterized as a “Brady list,” in part. That is, I
enclose a copy of the record, but I redact it, withholding certain information consistent with
controlling legal principles set forth below.

In Wisconsin, prosecutors’ files, whether open or closed, are privileged and are exempt from
disclosure under the public records law. State ex rel. Richards v. Foust, 165 Wis. 2d 429 (1991).
Records which are “integral to the criminal investigation and prosecution process” are protected from
public inspection under Foust. Nichols v. Bennett, 199 Wis. 2d 268, 275 n. 4 (1996). Foust stands
as a blanket exemption from disclosure under the Wisconsin public records law for district attorney’s
prosecution and investigative files. Nonetheless, the Milwaukee County District Attorney’s Office
has historically made an exception and has released records which have been publicly filed and are
part of the public record.

In addition, attorney work product—including notes, material, information, mental impressions, and
strategies an attorney compiles in preparation for litigation—is similarly exempt from disclosure
under the public records law. Siefert v. School District of Sheboygan Falls, 2007 WI App 207, ¶ 28.
The work product doctrine protects “mental impressions, conclusions, opinions, or legal theories,”
including the lawyer’s reflections on a witness’s credibility. Wis. Stat. § 804.01(2)(c); Hempel v.
City of Baraboo, 205 WIS 120 ¶ 56, 284 Wis. 162, 699 N.W. 551; Lane v. Sharp Packaging Systems,
Inc., 2002 WI 28, ¶¶ 57-62.

I determine that the parts of the list referenced above which contain information compiled by our
office from court filings and other records in the public domain are subject to disclosure under the
public records law. However, I determine that the balance of the information on the list described
above, including any information about referrals for which prosecution was declined, law
enforcement departments’ findings, and prosecutor notes about any individual officer, is exempt from
disclosure based on the case law cited above.

Based on those determinations, I enclose a redacted listing of law enforcement officers who appear
on what you have characterized as a “Brady list.” The list has been redacted to remove all records
other than those which relate to law enforcement officers who were charged with a crime or forfeiture
action. Records relating to individuals on the list who were referred for prosecution but not charged
have been redacted as exempt from disclosure under Foust, as records integral to the criminal
investigation. Records obtained from law enforcement agencies regarding departmental findings of
untruthfulness or violations of other department standards of conduct, district attorney notes
regarding calling named law enforcement officers as witnesses, and Brady and Giglio material
provided to the defendant regarding the credibility of certain law enforcement officers who are called
as witnesses in cases prosecuted by the District Attorney’s office have been redacted under Foust as
records integral to the criminal investigation and prosecution process, under Siefert, as attorney work
product, or both.

Please take special note that I am providing the enclosed list with several additional and important
qualifications. First, this office makes no representations as to the accuracy or completeness of the
report: all data should be confirmed by review of public records. Second, the report does not contain
David Biscobing
February 6, 2024
Page 3

case numbers or other pertinent information regarding Milwaukee County law enforcement officers
charged with federal crimes. Third, the “Case Disposition” column should be read to reflect only that
the officer was convicted of some charge, not necessarily the charges listed in the report. Where the
“date” column in state cases is blank, that may be an indication that public court records reflect that
charges are pending, that charges resulted in an acquittal, that charges were dismissed, or that charges
were amended to non-criminal offenses. You are referred to such public records for further details
concerning those entries.

Wis. Stat § 19.35(4)(b) provides that you may bring an action for mandamus asking a court to order
release of the records to you if you disagree with my decision to withhold any records. Alternatively,
you may ask the Attorney General or the Milwaukee County Corporation Counsel to bring an action
for mandamus asking a court to order release of the records to you. Pursuant to Wis. Stat. §
59.42(2)(b)4., the Corporation Counsel rather than the District Attorney enforces the public records
law in Milwaukee County.
Very truly yours,

Karen Loebel
Deputy District Attorney
KAL/tm
Enclosure
Officer Name Department Court Case Number Charge / Allegation Prosecutor / MCDAO POC Case Status Case Disposition Date
Abernathy, Rodney E. MPD 23CM001334 Negigent Handling; Battery Anderson Filed Open NCD ‐ 2/23/2024
Anderson, Michael MPD 16CM003688 ESBUODW Lovern Closed Conviction 12/14/2016
Andrews, Byron MPD 04CM000102 DC Dedinsky Closed Conviction 9/30/2004
Andrews, Byron MPD 04CM002996 Comp.School Attendance Rosche Closed Conviction 9/30/2004
Andrews, Byron MPD 04CM005984 BJ x 2 Mahoney Closed Conviction 9/30/2004
Angle, Jonathan William Glendale PD 23CF001204 (Waukesha 7 counts of Possession of Child Pornography Lovern Filed Open NCD ‐ 02/26/2024
Arenas, Uriel MPD 09CM005266 Theft‐Movable Property Martin, J. Closed Conviction 1/13/2010
Awadallah, Ala MPD Federal Civil Rights Violation Mel Johnson Closed Conviction
Banach, Bryana ST FAIR 16CF005635 3 Cts Theft Lovern Closed Conviction 6/23/2017
Barkster, Keith MCSD 04CM003145 OO Reddin Closed Conviction 12/13/2004
Bartlett, Jon MPD 05CF006703 Bomb Threat/BJ Reddin Closed Conviction 8/15/2006
Bartlett, Jon MPD 06CF003995 BJ X 2 Simpson Closed Conviction 7/22/2006
Bartlett, Jon MPD Federal Biskupic Closed Conviction 7/27/2007
Behning, Timothy MPD/ State Fair Park 22CM002246 (Waukesha Co.) DV DC Gordon (Waukesha) Closed Conviction 8/29/2023
Berggren, Todd SMPD 05CF006669 1DSAC, 2DSAC, SEXC Falk/Reddin Closed Conviction 2/20/2006
Bialecki, Anthony H. MPD 13CM002406 Poss/IllegalObtPrescription Lovern Closed Conviction 10/23/2013
Bonilla, Edwin MPD Federal Consp. Defraud U.S.A. AUSA Biskupic Closed Conviction 1/16/2001
Borkowski, Matthew Greendale 00CT001062 OWI (2d) Mahoney Closed Conviction 6/1/2000
Bridges, Ronald MPD 02CM005032 Battery, DC Reddin/Theisen Closed Conviction 12/4/2002
Bridges, Ronald MPD 09CM003053 Theft‐Movable Property Martin, J. Closed Conviction 10/20/2009
Brockdorf, Vanessa MPD 03CM010122 OO Reddin/Levin Closed Conviction 9/18/2006
Buckson, Jeffrey MPD 08CF003694 MIPO x2; Theft; Rec'g Stolen Property Simpson Closed Conviction 3/26/2009
Capati, Michael MPD 06CM003421 CTTD Whitney Closed Conviction 9/12/2006
Chicks, Randall MPD 11CM006568 ESBUODW OWI Martin, J. Closed Conviction 3/30/2012
Clark, Kevin MPD 04CM006739 Filing False Claims Reddin/Martin Closed Conviction 9/3/2004
Collado, Gilberto MPD 16CM002730 DC; POCS Lovern/Ballenger Closed Conviction 11/9/2017
Conell, Christopher MCSD 10CT000083 OWI (2nd) Dague Closed Conviction 8/10/2011
Crivello, Chad A. MPD 23CM000869 Possession of a Firearm While Intoxicated Schoepp/Lovern Filed Open NCD ‐ 2/9/2024
Crivello, Chad A. MPD 23CM002923 Bail Jumping Schoepp/Lovern Filed Open NCD ‐ 2/9/2024
Cross, Charles MPD 07CM005230 CDTP Greipp Closed Conviction 8/29/2007
Crouther, Tamara MPD 02CM005578 IOWC X 5 Reddin Closed Conviction 12/4/2002
Crouther, Tamara MPD 07CF000367 OO Simpson Closed Conviction 4/23/2007
Dampeer, Craig MPD 01CM010293 Theft McAdams/Reddin Closed Conviction 4/17/2002
DeRousseau, Jason V.A. 03CT002591 OWI (2nd) Rusch Closed Conviction 7/10/2003
DeVries, Eric S. MPD 12CT002493 Cause Injury OWI‐1st Dague Closed Conviction 3/7/2013
Dietrich, Robert MCSD 06CF003871 SAC (Repeated Acts) Paulson Closed Conviction 4/23/2007
Dollhopf, Jeffrey MPD 12CF004985 DC Falk/Lovern Closed Conviction 10/21/2013
Dominski, Todd MCSD 05CF003629 Computer Child Sex Crime Kucharski Closed Conviction 12/2/2005
Eccher, Keith MPD 09CM006139 Poss.Cocaine/Obstructing Lovern Closed Conviction 2/5/2010
Erato, Victor MCSD 03CT009961 Duty Upon Striking (Injury) Mahoney Closed Conviction 3/25/2004
Erdmann, Brandon MPD 04CM003115 DCWA Reddin Closed Conviction 10/6/2004
Estacio, Edmund MPD 16CM001810 Harassament, Stalking (DC) Lovern/Heitman Closed Conviction (DC) 2/2/2017
Garcia, Daniel A. MPD 16CM000343 DV DC Templis Closed Conviction 3/28/2016
Garcia, Michael MPD 10CM005099 DC Lovern Closed Dismissed 3/31/2011
Gasser, Michael MPD 18CM003236 Batt/DC Closed Conviction 9/7/2018
Gilbert, Terrance MPD 01CF000600 MIPO & 4DSA Reddin Closed Conviction 5/2/2001
Gladney, Fredrick MCSD 07CM002414 DC Whitney Closed Conviction 7/23/2007
Officer Name Department Court Case Number Charge / Allegation Prosecutor / MCDAO POC Case Status Case Disposition Date
Gomez, Rodolfo (Rudy) MPD 13CF004962 MIPO Lovern Closed Dismissed / Acquitted 2/13/2015
Harris, Corey MPD 00688811001 (Citation) DC/Obstructing Lovern Closed Conviction 7/29/2011
Heaggan‐Brown, Dominique MPD 16CF004692 SA, Prostitution, Capture Intimate Representation Lovern Closed Conviction 2/20/2018
Heine, Aaron MCSD 05CF004688 2DSA Reddin Closed Conviction 7/26/2006
Hill, Paul MPD Federal Laundering of drug money Federal Closed Conviction 9/23/2011
Hinkle, Brian MPD 04CF004244 MIPO Reddin Closed Conviction 9/28/2004
Horstmeyer, Mark T. MPD 22CF002506 Possession of Child Pornography Karshen/Lovern Filed Open NCD ‐ 6/20/2024
Howard, James MCSD 09CF001245 2DSA x2/3DSA x 2 Tiffin Closed Conviction 9/17/2010
Howell, Carl V. MPD 13CF000439 MIPO and misd Theft Lovern Closed Conviction 2/25/2013
Huerta, Willie MPD Federal Obstruction AUSA
Hundt, Steven MPD 07CM004745 Theft Simpson Closed Conviction 8/20/2007
Ince, Nicholas MPD 05CF002343 MIPO Reddin Closed Conviction 6/3/2005
Jackson, Christopher DOC 09CF002093 2DSA x 6 Falk Closed Conviction 9/14/2010
Jones, Charlie Jr. MPD 03CM010121 OO Reddin/Levin Closed Conviction 5/17/2004
Jones, John MPD 02CF000132 Child Enticement Reddin Closed Conviction 6/24/2002
Kasprzak, Jack MPD 05CM003326 VOHI Levin Closed Conviction 10/11/2005
Kelsey, Joseph UWMPD 96CM002303 (Winnebago Co.) DC (forfeiture) Winnebago Co. Closed Conviction 12/17/1996
Kelsey, Joseph UWMPD 97CF000009 (Walworth Co.) OWI/Obstructing Walworth Co. Closed Conviction 4/10/1997
Knight, Jacob MPD 12CF004987 Illegal Body Cavity Search PTAC Falk/Lovern Closed Conviction 10/8/2013
Kozelek, Brian MPD 12CF004986 DC Falk/Lovern Closed Conviction 12/10/2013
Krause, Scott MCSD 09CF004737 Battery; MIPO Lovern Closed Conviction 3/5/2010
Krueger, Don (PS#011327) MPD 23CF000728 In custody death investigation D5 Lovern/Heitman Filed Conviction NCD ‐ 3/11/2024
Kruschke, Mark MPD 21CM003249 Misd POCS White Closed Dismissed 12/5/2022
LaBelle, Pat MPD 06CM007548 Prostitution Reddin Closed Conviction 2/1/2007
Landingham, William MPD 07CM003642 Theft Simpson Closed Conviction 9/10/2007
Lashley, Justin MCSD 05CT005340 Duty Upon Striking (PDO) Reddin Closed Conviction 9/1/2005
Leflore, Jeffrey MCSO 21CM001913 OWI/Endangering Safety by weapon Schoepp Closed Conviction 1/10/2023
Lelinski, Steven MPD 06CF000901 2DSA/Att2DSA/L&L/4DSA Falk Closed Conviction 2/3/2007
Lelinski, Steven MPD 06CM006134 4DSA Falk Closed Conviction 2/3/2007
Liebrecht, Edward MPD 10TR032821 OWI (1st) Dague Closed Conviction 11/2/2010
Lipinski, Kenneth MPD 16CF005670 Mistreatment of Animals Lovern Closed Conviction 4/7/2017
Lloyd, Rodney R. MPD 13CF004568 MIPO Lovern Closed Conviction 4/10/2014
Lockett, Royce MPD Federal Corruption AUSA D. Sanders Closed Conviction 3/30/2011
Lopez, Adam MPD 05CM006486 Battery (DV) Dedinsky Closed Conviction 12/4/2006
Lopez, Alex MPD 13CF003700 UUOT Karshen Closed Conviction 3/13/2014
Lopez, Marco MPD 23CF000729 In custody death investigation D5 Lovern/Heitman Filed Open NCD ‐ 5/16//2024
Lor, Chou MPD 09CM000911 DV DC Urfer Closed Conviction 12/7/2009
Luna, Alfred MPD 06CM003220 Unlawful Use of Telephone Loebel Closed Conviction 5/31/2006
Luna, Alfred MPD 06CM005187 DV DC Loebel Closed Conviction 9/26/2006
Madrigal, Jorge MPD 10CM004526 DCWA; ESBUDW (3x); Martin, J. Closed Conviction 2/11/2011
Majeed, Ahmad MPD 06CF003305 Cause Child Expose x2 Falk Closed Conviction 4/25/2007
Marek, John MPD 02CF002956 MIPO/Battery/CDTP/OO Reddin/Shelton Closed Conviction 8/29/2002
Masarik, Daniel MPD Federal Civil Rights & Conspiracy Biskupic Closed Conviction 7/27/2007
Mattioli, Michael MPD 20CF001991 First Degree Reckless Homicide Tiffin Closed Acquitted 11/10/2023
McCarron, James MPD 02CM002374 DC While Armed Mahoney Closed Conviction 12/3/2002
Michalski, Sarah MPD 10CT001477 Hit & Run Potter Closed Conviction 7/20/2010
Moffett, Anthony MCSO 07CM000149 DC Lovern Closed Conviction 6/28/2007
Officer Name Department Court Case Number Charge / Allegation Prosecutor / MCDAO POC Case Status Case Disposition Date
Moore, Christina MCSD 09CF004611 Deliver Illegal Articles Inmate Hammond Closed Conviction 12/11/2009
Morales, Jose (TN Ayala‐Cornejo) MCSD Federal Deportation/False Identity Martin, J. Closed Conviction 8/9/2007
Mustafa, Freedom MPD 21CF004801 Misconduct/Office‐Act/Inconsistent Duty Heitman Closed Conviction 1/9/2024
Ninkovic, Dayon MPD Federal AUSA
Oliva, James MPD 06CM003205 DC Loebel Closed Conviction 5/31/2006
Olson, Eric FrPD 05CT007967 OWI Injury/DUS Injury Reddin/Ettenheim Closed Conviction 3/20/2006
Rapp, Brandon WAPD 22CM002393 Disorderly Conduct Lovern Closed Conviction 10/24/2022
Reel, Deangelo MPD 23CM001725 Possession of a Firearm While Intoxicated Lovern/Altenburg Filed Open NCD ‐ 04/29/24
Robinson, Janell MPD 08CT001340 OWI (2d) Arieff Closed Conviction 6/18/2008
Rodriguez, Jason E MPD 01CT002852 (Dane Co ) OWI (2nd) Dane County Closed Conviction 3/6/2002
Rodriguez, Jason E MPD 18CM004544 DC Torbenson Closed Conviction 8/16/2019
Rodriguez, Jason E MPD 22CF000217 Reckless Driving ‐ GBH Schoepp Closed Conviction 8/11/2022
Rodriguez, Jason E MPD 98‐0837 under age possession of alchohol Kenney Closed Conviction 9/16/1998
Roeschen, Matthew MPD 10CF000260 Theft; MIPO; POND; PODP Martin, J. Closed Conviction 8/18/2010
Rogers, Theron Shorewood 17CM001565 Poss Firearm While Intoxicated; OWI (1st) Mineo Closed Conviction 1/4/2018
Roszak, Thomas Greenfield 13CF004431 Battery (misd) Lovern Closed Conviction 11/27/2013
Schimke, Lawrence MPD 13CF000015 (Waushara Co.) Strangulation, Battery, DC Blader Closed Conviction 7/23/2018
Schliem, Justin MCSO 19CM000339 DC‐DV Heitman Closed Conviction (forfeiture) 5/3/2021
Schumacher, Robin TosaPD 13CF003287 MIPO, PossNarcotics,Theft Lovern Closed Conviction 6/25/2014
Simpson, Lenard MPD 06CM003031 CDTP/DC/Battery Reddin Closed Conviction 7/14/2006
Spengler, Andrew MPD Federal Civil Rights & Conspiracy Biskupic Closed Conviction 7/27/2007
Staples, Leon MPD 01CF001206 Aggravated Battery Kim Closed Conviction 5/22/2001
Sterling, Bradley WAPD 13CM001528 OO Lovern Closed Conviction 5/24/2013
Stovall, Sheretta MPD 02CT011299 OAR X 3 McAdams Closed Conviction 12/19/2002
Stovall, Sheretta MPD Federal Money Laundering USA Closed Conviction
Strache, Garett MPD 18CF002144 OWI Causing Injury ‐ 2nd Ballenger Closed Conviction 12/19/2018
Streicher, Joel MCSO 19CM000472 DC Karshen Closed Conviction 4/18/2019
Streicher, Joel MCSO 20CF001965 Homicide by Negligent Use of Motor Vehicle Huebner Closed Conviction 1/8/2021
Suvaka, Steven MPD 18CM004065 Poss Firearm While Intoxicated; OWI Brown Closed Conviction 7/30/2019
Swayka, Patricia (aka Swayka‐Moody) MPD 22CF001074 Theft Westphal Closed Conviction 6/30/2022
Synowicz, Anthony Jr. MPD 17CM1711 (Waukesha Co. ) DC / Obstructing Kunisch Closed Conviction 12/21/2017
Taylor, Lymon MPD 11CF000283 (Waukesha Co.) Misappropriate ID Info Schimel Closed Conviction 11/28/2011
Terrell, Michael MPD 14CM001531 DC‐DV, OO X 4 Kenney Closed Conviction ‐ Forfeiture 7/16/2015
Terry, Byron MCSO 99CM012213 H& R Occupied Vehicle; Obstructing
Truman, Matthew MPD 10CT000194 OWI (2d)/O w/PAC (2d) Theisen Closed Conviction 6/2/2010
Vagnini, Michael MPD 12CF004984 Sex Assault x7; MIPO x9; Strip Search x8 Falk Closed Conviction 4/22/2013
Valovic, George MPD 04CM006369 OO Reddin Closed Conviction 9/30/2004
Velez, Robert MPD 01CM000356 Battery Reddin Closed Conviction 2/8/2001
Vick, Paul Jr. MSDF 09CF000442 DIATI x4/2DSA x6/MIPO x5 Falk Closed Conviction 9/27/2010
Vick, Paul Jr. MSDF 09CF002071 DIATI x2/2DSA x3/MIPO x2 Falk Closed Conviction 9/27/2010
Wenner, Carrie MPD 16TR005396 OWI Lovern, Mineo Closed Conviction ‐ Forfeiture 3/18/2016
Wentzel, Philip Hugh MCSD Federal photographing minors NA Closed Conviction 12/21/2012
Wesolowski, Steven MPD 06CF000845 MIPO Reddin Closed Conviction 3/24/2006
West, Alexis MPD 05CM004985 CDTP Dedinsky Closed Conviction 2/3/2006
West, Alexis MPD 06CF001320 CDTP/DC Dedinsky Closed Conviction 5/18/2006
White, Larry MPD Federal Cocaine Trafficking Biskupic Closed Conviction
Whiters, Shaletta MPD 23CM000007 OO/Resisting/DC Westphal Filed Open NCD ‐ 4/15/2024
Officer Name Department Court Case Number Charge / Allegation Prosecutor / MCDAO POC Case Status Case Disposition Date
Whitfield, Yoron MPD 11CM001974 ESBUODW Martin, J. Closed Conviction 7/15/2011
Whitfield, Yoron MPD 12CT000274 OWI (2d)/O w/PAC (2d) Dague Closed Conviction 10/29/2012
Whittenberger, Randy SHOREWOOD HILLS 12CF005383 Forgery/Theft Martin Closed Conviction 1/11/2013
Physical Abuse of Child Intentionally Casuse Bodily Harm &
Williams, Frank MPD 24CF000336 Strangulation & Suffocation Torbenson Filed Open NCD ‐ 02/05/2024
Wilson, Talmer MPD 00CF005923 OO Reddin Closed Conviction 2/22/2001
Wilson, Tommy MPD 18CM002269 Battery x2 Lovern Closed Conviction 9/25/2018
Wojczulis, Robert MPD 01CM010622 Battery Dedinsky Closed Conviction 2/1/2002
Zawikowski, Joseph MPD 05CT008244 OWI/BAC (2nd) Ettenheim Closed Conviction 11/29/2005
Zuber, Michael GrfldPD 07CM008451 Theft Simpson Closed Conviction 2/19/2008