Wauwatosa police made protester list, attorney mulls legal action

After a year full of protests, FOX6 News has learned the Wauwatosa Police Department is keeping a running list of people involved.

The police department said it was a tool to help investigators do follow-ups, but the people on the list say they believe they were being targeted.

FOX6 got a copy of the list via a public records request. While much of the information was redacted, the people's names and some photos are not – and some are now considering legal action.

Protest outside of Wauwatosa City Hall on Oct. 10 following the decision not to criminally charge Officer Joseph Mensah

Protest outside of Wauwatosa City Hall on Oct. 10 following the decision not to criminally charge Officer Joseph Mensah

Dozens were arrested as protests filled the Wauwatosa streets throughout 2020, and around 200 people ended up on the Wauwatosa Police Department list titled "Protesters Involved."

"This week I got the protester list. This is a list of over 190 people who the Wauwatosa Police Department have arbitrarily determined are people that they need to put on this list and send it off to different agencies, including the FBI," said Attorney Kimberley Motley.

Law enforcement presence in Wauwatosa during October 2020 protests and demonstrations.

Motley announced the list's existence at a community picnic Saturday, June 26. She is on the list herself. The picnic – "Justice 4 Jay Anderson Jr." – commemorated the life of a man shot and killed by then-Wauwatosa Police Officer Joseph Mensah in Madison Park.

Mensah was involved in three fatal on-duty shootings in five years, Anderson, Antonio Gonzales and Alvin Cole those killed. Those deaths and others were the driving force behind the protests in Wauwatosa.

"Whoever is on this list, you have a right to know that you are on this list," Motley, who represents the Anderson family, said. "You don’t have the right to be surveyed and targeted simply because you are supporting and protesting for police reform."

Joseph Mensah, Antonio Gonzales, Jay Anderson, Alvin Cole

The Wauwatosa Police Department describes the list differently. A spokesperson said no was available for an interview but did answer a few questions. The spokesperson said:

"The document was created and maintained by our investigative division. It was used as a tool for identifying potential witnesses, victims and suspects who were involved or associated with protesting during 2020. By utilizing this list, it allowed investigators to follow-up with those persons identified after the fact, rather than potentially having a confrontation during a protest." 

The police department confirmed the list was sent to both the Milwaukee Police Department and the Federal Bureau of Investigation. The spokesperson said it was a matter of situational awareness as the protests were occurring across jurisdictional boundaries.

Motley said she is still considering potential legal action.

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