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MILWAUKEE - The jury was selected and those jurors heard opening statements in the homicide trial of former Milwaukee Police Officer Michael Mattioli on Monday, Nov. 6. Mattioli, 36, is charged with first-degree reckless homicide in the April 2020 death of Joel Acevedo.
Early Monday afternoon, 14 jurors were seated (12 with two alternates). The jury is made up of nine women and five men.
"What caused his death, was it a crime or was it a tragic accident?" asked Milwaukee County Assistant District Attorney Paul Tiffin.
Milwaukee County Assistant District Attorney Paul Tiffin
The state says it was a crime – the defense says otherwise.
"This is a sad case, a tragic case. It's not a crime, it was not a crime, it is not a crime," said Craig Powell, Mattioli's defense attorney.
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That will soon be up to the jury to decide.
More than three years after police were called to Mattioli's home on Milwaukee's south side, the homicide trial against him is moving forward.
Michael Mattioli
Prosecutors say the jury will hear evidence that after a night of drinking at Mattioli's house with friends, there was a fight that morning. Mattioli said he found Acevedo going through his pockets – and by the time officers showed up, Mattioli was straddling Acevedo. Acevedo was pulseless, not breathing and died six days later. Acevedo died from a lack of oxygen to his brain caused by Mattioli's compression of Acevedo's chest.
Joel Acevedo
"That, in essence, Mr. Acevedo was a ticking medical time bomb," Powell said.
Mattioli's defense said Acevedo had chronic respiratory conditions and was up all night secretly doing cocaine.
"Mr. Acevedo's death was tragic, but it was not a crime. It was -- as Mr. Tiffin noted -- an accident," Powell said.
Powell said Mattioli was trying to get a combative Acevedo under control until the police arrived.
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"As Mr. Mattioli was focused on getting help there, and getting Mr. Acevedo arrested and in custody," Powell said.
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The trial is expected to last a week.
FOX6 News plans to stream the entirety of the Mattioli trial. You will be able to watch the trial in posts on FOX6Now.com, the FOX6 News YouTube channel and FOX6 News Milwaukee on Facebook.