Michael Mattioli trial; Milwaukee County medical examiner testifies
MILWAUKEE - The homicide trial of former Milwaukee police officer Michael Mattioli hit a turning point on Wednesday, Nov. 8.
The state rested its case Wednesday morning. Its final witness was the current Milwaukee County Chief Medical Examiner, who reviewed the former chief's autopsy findings – and stood by her opinion that Joel Acevedo's death was a homicide.
Milwaukee County Chief Medical Examiner Wieslawa Tlomak testified her opinion on the cause of death for Acevedo – calling it anoxic encephalopathy. That means severe brain damage caused by lack of oxygen.
Michael Mattioli
"For you, does that mean death at the hands of another?" asked Paul Tiffin, Milwaukee County Assistant District Attorney.
"Yes," answered Tlomak.
And that person was Michael Mattioli.
SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News
"That’s not a legal finding you’re making?" asked Craig Powell, Mattioli's defense attorney.
"No, this is from a medical point of view," Tlomak said.
Dr. Wieslawa Tlomak, Milwaukee County Medical Examiner
"What the body cam doesn’t show you is if those positions are accurate, is whether Mr. Mattioli is applying any pressure to Mr. Acevedo's neck at that time, true?" Powell asked.
"I cannot tell if there was pressure applied. The only person who could tell how much pressure was supplied would be Joel Acevedo," Tlomak said.
That question and answer under cross-examination led to an outburst from members of the gallery seated with Acevedo's family – and a chastising from the judge.
Michael Mattioli trial
Tlomak reviewed Acevedo's autopsy and findings, as the man who performed the autopsy is no longer with the medical examiner's office.
"Mr. Acevedo’s chest and upper abdomen were compressed and there was also compression to the neck," Tlomak said.
Mattioli is charged with first-degree reckless homicide in the April 2020 death of Acevedo.
Mattioli said after a get-together a drinking with Acevedo and friends, he awoke to Acevedo going through his pockets.
Michael Mattioli
Witnesses testified Acevedo denied stealing, refused to leave when told by Mattioli, pushed Mattioli and punched one of the men.
Mattioli was found straddling Acevedo when officers arrived.
Tlomak said she listened to the 911 call, viewed body cameras, photos, a toxicology report and Acevedo's medical records. Acevedo had asthma, obesity and other natural diseases.
Joel Acevedo
Tlomak said there was evidence Acevedo used cocaine, but could not say if he was under the influence of cocaine at the time of his death.
"Obesity, asthma, cocaine use played no role in his death?" Powell asked.
"Those conditions that you just mentioned make him more vulnerable," Tlomak answered.
FREE DOWNLOAD: Get breaking news alerts in the FOX6 News app for iOS or Android
The defense asked and was granted a continuance on Wednesday afternoon – meaning it will call its first witnesses on Thursday.
The hope is to get to closing arguments on Thursday as well.