A woman who conducted her own probe after she thought
Milwaukee police officers had done a shoddy job of investigating a hit-and-run
incident in which she was severely injured gained another victory Wednesday.
In the first hearing that the panel that oversees police
has held on a citizen complaint in about two years, the Milwaukee Fire and
Police Commission found two officers guilty Wednesday of failing to fully
investigate a hit-and-run in which the woman suffered multiple rib fractures, a
liver laceration and other injuries.
The commission ordered the officers to serve six days of
unpaid suspension each and to undergo department training. The three-member
panel made its unanimous decision that the officers were guilty after an hour
and a half of deliberation.
The case got to the heart of what can reasonably, and
legally, be expected of an investigating officer.
Nikki Harris-Brown had complained that two Milwaukee
police officers failed to fully investigate a hit-and-run outside a north side
tavern two years ago in which she suffered multiple injuries.
Harris-Brown tracked down the name of her likely assailant
and passed the information along to the investigating officers, Timothy
Meinecke and Dean Lidwin. A supervisor ordered the officers to close her case
after Harris-Brown failed to identify the assailant in a lineup.
But Harris-Brown continued her investigation and filed a complaint with the
Fire and Police Commission, saying officers didn't pursue crucial leads.
After a Fire and Police Commission investigator looked
into the case, the case was reopened. The suspect, Kenneth Smith Jr., was
charged April 7, 2011, with hit-and-run involving great bodily harm.
The commission conducted a hearing Nov. 30.
After deliberating in closed session Wednesday, the panel
determined that Lidwin failed to interview Harris-Brown's fiancé, who was
present during the incident. The panel also determined Meinecke failed to
inform his supervisor that he would have the opportunity to see the suspect's
car if he worked overtime on a particular day, that the officers misclassified and
understated the injuries Harris-Brown suffered and that the officers failed to
do some follow-up interviews.
Smith pleaded no contest on Nov. 28, 2011, and was found
guilty, but his attorney later withdrew. Smith is scheduled for a new motion
hearing June 21.
Meinecke has one past violation for failure to safeguard
property in the past but has no other disciplinary record. No previous
complaints have been filed against Lidwin, he testified Wednesday.
"I do feel bad how this all turned out," he
testified. "I wish Officer Meinecke and I had more time to investigate
this. Things were a little hectic that night. If we had taken some more time,
we might have done a little better job here. This is not something that's a
habit for us. I think we can take it as a learning experience to speak with
some officers that may have more experience in these situations. From here on,
we may have a better understanding and a more well-equipped way of dealing with
some complicated incidents."
Mike Crivello, president of the Milwaukee Police
Association, said the discipline was excessive. He had presented a comparison
during the hearing showing that from 2008 to 2011, Chief Edward Flynn had
disciplined most of the police officers who failed to fully investigate with
reprimands or training alone. Two felony investigations, however, had resulted
in five to 10 days' suspension.
The officers' attorney, Brendan Matthews, said it was
unfair of the commission to find the officers guilty of four counts involving
failure to investigate when they had been told they were only defending
themselves on one count.
The officers can't appeal the commission's ruling but may
take the matter to Circuit Court, Crivello said.
Mike Tobin, executive director of the commission, issued
a statement after the proceedings that said:
"The vast majority of MPD officers are hard-working
and dedicated individuals that are trying to do their best in a very tough job.
Just like everyone else, sometimes they commit errors in judgment. That's why
we have a citizen board that oversees MPD and provides direct community input
into the expectations we have for defining proper officer conduct."
Harris-Brown said:
"A lot of people are scared and intimidated that
they can't go up against the police, but you do have the option as long as it's
a legitimate complaint. I feel you have a right to do so. That's what they're
here for."