This browser does not support the Video element.
Milwaukee police bodycam release, judge puts new policy on hold
A Milwaukee County Circuit Court Judge on Friday, May 12 put a recently approved police policy on hold.
MILWAUKEE - A Milwaukee County Circuit Court Judge on Friday, May 12 put a recently approved police policy on hold.
Last month, the Milwaukee Fire and Police Commission passed a police video release policy. The Milwaukee Police Association sued, and Judge Frederick Rosa said Friday he wants to maintain the status quo while the case works its way through his court.
"These are significant issues that cannot be resolved today," Rosa said. "In terms of the injunction, if it is not approved, then the status quo will change."
SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News
The policy formalized a standard for releasing video from critical incidents – such as when a person dies or is seriously hurt during an encounter with police.
"My inclination, though, would be to grant a temporary restraining order until the next hearing date when we can more fully hear these issues," said Rosa.
Milwaukee Fire and Police Commission (FPC)
Why it matters
The Milwaukee Police Department had an unwritten rule to publicly release edited video of critical incidents – such as an officer-involved shooting – roughly 45 days after it took place.
Now, the FPC has an official policy: MPD must show the video to family of a person hurt or killed within 48 hours, and the public gets it within 15 days.
That policy, which is now on hold, took effect May 1.
Cinco de Mayo critical incident
On May 5, following Cinco de Mayo celebrations, cops were trying to break up large crowds. Two officers shot and hurt two people – including a 17-year-old boy.
That boy, Deon Nabors, is now charged as an adult with illegally possessing and shooting a machine gun. Nabors' family said cellphone video shows him being shot.
"Once cat’s out of bag, can’t be put back in here," said MPA Attorney Brendan Matthews.
FREE DOWNLOAD: Get breaking news alerts in the FOX6 News app for iOS or Android.
Video of that shooting, as well as the shooting of the second person that night – a 22-year-old Greenfield man – were the point of concern for the police union. The videos were to be released later this month, but the union argued the policy violates collective bargaining and would harm officers' reputations if released during an investigation.
"Video alone, without explanation, is dangerous," Matthews said.
"Their lawsuit is not to prevent the release of information, their lawsuit is about this is too quick of a timeline. If the court were to issue a stay, the next question is, ‘When do we release the video?’" said Assistant City Attorney James Lewis.
What's next?
The judge said he is not here to rewrite policy, but to determine if collective bargaining rights were violated. That said, his order does not bar police from the past practice of voluntarily releasing video – generally within 45 days of the incident.
An injunction hearing is still set for next month.