Photo Credit: Quinn Clark
A protester listens as speakers demand justice for Joel Acevedo.
On Monday, April 5, 2021, lawyers representing former Milwaukee Police Department officer Michael Mattioli argued before Milwaukee County Circuit Judge William Pocan that the body camera footage documenting Mattioli’s April 19, 2020 struggle with Joel Acevedo—which resulted in Acevedo’s death—should not be released to the public at this moment. To attorney Craig Powell, the release of this footage, taken as MPD officers responded to a party at Mattioli’s home, would impugn the former officer’s reputation and make it nearly impossible for him to receive a fair hearing in his upcoming trial (he is charged with reckless homicide in connection with Acevedo’s death).
It is understandable why Mattioli’s lawyers would argue for the suppression of such body camera footage; it is their job to portray their client in the best light possible. There is probably very little in the footage, at a bare minimum, that makes their client look good. And there probably is a whole bunch of footage that makes him look not-so-good. But would the release of such footage influence a would-be jury pool? And are their other issues to consider here, issues that are perhaps bigger than the acts and reputation of one police officer?
These were the types of questions that B’Ivory Lamarr, an attorney for the Acevedo family, raised in the April 5 hearing. To Lamarr, the individual reputation of a single officer should not outweigh a broader public interest. This footage, in other words, could give residents of Milwaukee (and beyond) a better picture of what happened that horrific night in April 2020. We know, for example, that Mattioli identified himself as a police officer during the initial 911 call, even though he was off duty at the time. Officers responding to this call—including MPD officer Robert Roach—deferred to Mattioli as they arrived at the scene. According to Lamarr, this information is known because it was included in the small number of recordings from the event that have been made available. There is reportedly more than 40 hours of body camera footage associated with Acevedo’s death. Mattioli’s lawyers have given no specific reason why they believe the release of this footage will harm their client.
|
|
Release the Footage
Why does the release of such footage ultimately matter? The Acevedo family, more than six months after an open records request was filed, have yet to see all the footage dealing with their son’s death. Lamarr has not seen this footage either, making it difficult to prepare for any upcoming trial. At the same time, a trial date has yet to be set. How long must all interested parties—including Acevedo’s family and friends, journalists, and other concerned citizens—must wait to see this footage?
The lack of a definitive trial date, coupled with the continued inability to view such footage, raises another question of public concern: what if the misdeeds of other officers have been caught on film? Mattioli’s lawyers have been quick to point out that their client has already been charged; there is no need to convince anyone that he needs to stand trial. But there were numerous officers present at the scene of Acevedo’s death. How did they engage with both the victim and Mattioli? These officers continue to serve on behalf of the City of Milwaukee; it would be useful to know how they responded to the events of April 19, 2020 as soon as possible—not at some point in the undefined future.
Judge Pocan has stated he will provide an oral decision in early May, but he also informed all parties that he will probably issue a written decision before that date. How he rules will not just impact the Mattioli case; it will undoubtedly become precedent for such requests moving forward.
