• Originally published in the Milwaukee Journal Sentinel (Wisconsin) March 17, 2005 Copyright 2005 Journal Sentinel Inc.

By JOHN DIEDRICH, Staff, Milwaukee Journal Sentinel

Dressed in his Milwaukee Police Department uniform, Joseph Schabel on Wednesday implicated three fellow officers charged in the beating of Frank Jude Jr., testifying that each either kicked or punched Jude in the head.

After two pairs of handcuffs were put on Jude, off-duty officer Jon M. Bartlett, who faces the most serious charges in the case, approached, Schabel said.

"He kicked him twice in the face. I heard a popping or crunching sound coming from Jude's face," Schabel said. "I told him (Bartlett) to get the (expletive) back, which he did."

Jude can't identify his attackers, making the testimony of Schabel - one of the first on-duty officers on the scene - key for prosecutors. Schabel's cooperation stands in contrast to some officers who prosecutors said have not revealed everything they know about the beating in Milwaukee's Bay View neighborhood Oct. 24.

Jude, 26, of Appleton, testified for the first time, revealing that he told the off-duty Milwaukee officers that he was an Appleton police officer as a way to buy time. The only person he could identify as hitting him was a woman who slapped him and has been given immunity in the case.

At the end of the 2½-hour preliminary hearing, Court Commissioner Barry Phillips ruled that there was enough evidence for the case against officers Bartlett, 33, Daniel L. Masarik, 25, and Andrew R. Spengler, 25, to move ahead. All three officers, who are on paid suspension, entered not guilty pleas. If convicted, Bartlett faces up to 22½ years in prison, Masarik 19½ years and Spengler 3½ years.

The hearing, which is often waived by defendants, drew enough spectators to pack the courtroom. District Attorney E. Michael McCann himself appeared, along with a top deputy, Jon Reddin. The three officers collectively brought five attorneys.

Jude felt 'bad vibe'

On Oct. 24, Jude, his friend Lovell Harris and two women they had met earlier that night went to party hosted by Spengler. Jude said he spoke briefly with Spengler and got a "bad vibe," so his group left minutes after arriving.

Jude said he is biracial, Harris is black and the two women are white. All the officers charged are white.

In a police report, Spengler said he caught Jude leaving his bedroom and then discovered his wallet and police badge missing. He and other off-duty officers confronted Jude and his group, the police report said.

All four were in a pickup truck. The women got out while Jude and Harris were dragged out, Jude said.

Surrounded

Jude said he was surrounded and jabbed by a half-dozen or so of the men who questioned him about the badge. He said he heard Harris scream and then one of the men surrounding him said Harris got away.

Jude said he told the officers he was a police officer from Appleton, which he said made the Milwaukee officers back off, temporarily.

"I was scared for my life," Jude said. "I was just trying to postpone whatever they were trying to do."

The men asked for an Appleton police phone number and other information to verify his claim, Jude said. Then, Jude said, he was thrown to the ground, facedown, as the men searched him and started to punch and kick him.

Jude said he saw Spengler in the group near him but couldn't be sure Spengler was beating him and couldn't identify other men. He said he was positive that Michele Bartlett, Jon Bartlett's wife, slapped him in the face. Michele Bartlett, a former Milwaukee police officer, was given immunity in the case.

Jude describes beating

Jude said he was choked, but he isn't sure with what. Someone cut his pants off, placing a knife on his thigh, "close to his privates," he said. Throughout the attack, he said, the off-duty officers used racial slurs.

He said his fingers were yanked back, a knife was placed to his neck, a gun to his head and something was jammed in both ears, making them bleed for days.

"It was torture. That is the only way I can explain it," he said.

Under questioning by defense attorneys, Jude acknowledged nothing was said at the party that gave him the "bad vibe." The defense attorneys also hammered away at his ability to identify their clients in the beating.

"I don't know who did it," Jude said. "Punches and kicks were coming from every direction."

Officer had clear view

Schabel provided more solid testimony, saying he clearly saw all three officers strike Jude.

Schabel, an officer for 4½ years, said he and partner Nicole Martinez were sent to the 2800 block of S. Ellen St., and down the block they encountered Harris, who told them the men were beating Jude.

Schabel said he saw what appeared to be a fight and Jude was facedown in the street with his hands underneath him. Spengler told him Jude had stolen his badge, so Schabel began to arrest Jude.

Spengler and Bartlett were trying to get Jude's arms out from under him, and Masarik was standing over him, Schabel said. Another half-dozen men were standing close to Jude and others on the sidewalk, he said.

Schabel said he took Bartlett's spot on Jude's right side and tried to get his hands out from under him, applying "two focused strikes" to Jude's shoulder.

Masarik then kicked Jude in the head, Schabel said. Bartlett grabbed Schabel's pen from his pocket, but Schabel said he didn't see what Bartlett did with it.

After the handcuffs were put on Jude and Bartlett kicked him, Spengler punched him twice in the head, Schabel said. Schabel said he ordered Spengler to stop, which he did. Schabel also testified that Bartlett used a knife to cut Jude's coat in half.

Foreshadowing a strategy to question Schabel's actions, Masarik's attorney Steve Kohn noted that Schabel filed only a theft report from that night, even though he said the officers kicked and punched Jude. Schabel's report says Masarik, Bartlett, Spengler and others attempted "to restrain" Jude, who was fighting police and attempting to "strike officers."