Friday, May 9, 2014

Press covers Ian Wallach's retention in shooting of Dontre Hamilton in Red Arrow Park in Milwaukee

It has been a tremendous privilege for me to assist the family of the deceased in involved in the Red Arrow Park shooting in Milwaukee.  When I learned about the incident -- through a colleague (a tremendous trial lawyer -- Jovan Blacknell) I was as troubled as anyone would be.  Milwaukee's police department has been plagued with a highly-disturbing amount of officer-involved fatalities.  So much so that the Governor recently enacted a law mandating that a neutral third party (the Wisconsin Department of Justice) investigate officer-involved fatalities.

The news coverage was initially troubling.  The police chief reiterated the version of the events of the officer, who had taken the life of a young man sleeping in a park, and had labeled this victim as a "suspect", while referring to the man who took his life only as an "officer."  The Police Chief never referred to the young man as a victim.  The Police Chief never referred to the officer as a "suspect".  And more disturbing was the constant discussion of a "joint investigation" -- which is simply inaccurate, as the investigation is being handled by the State of Wisconsin because of the number of officer-related fatalities arising out of the Milwaukee Police Department.

I also read the rhetoric about the decedent, Dontre Hamilton, referred to as "mentally ill", with the implication that he was therefore dangerous.  There seemed to be an effort to blame the lack of resources available to those afflicted with mental illness as the reason that this man lost his life.

Mental Illness, as any illness, has many forms.  I was surprised to learn that this rhetoric was in place, in the absence of any evidence that Dontre Hamilton had ever posed a danger to anyone other than himself.  Once he harmed himself, and surrendered to authorities without incident.  His illness made him worry, unnecessarily, for the well-being of others.  It never made him dangerous to others.  And now, this human weakness, was seemingly being used as a shield to justify his killing.

I can't explain what an honor it was to meet his family.  These were among the finest people I'd ever met in my life -- loving, deeply religious, community-oriented, and kind.  They were proud of their children and supportive of their dreams.  They were deeply involved in their children's and brothers' lives.  The fear that they had for Dontre stemmed from the pain he experienced from his worry for the well-being of those he loved -- that was his illness.  That those he cared for were in danger and that he was powerless.  There was no evidence that he was a danger to anyone.

I was also amazed by what the family wanted.  They didn't give a damn about money.  They wanted answers.  They wanted awareness that mental illness doesn't mean dangerous.  And they believed that the Milwaukee Police Department would bring answers.  And they are still hopeful that someone will give them a reason based in truth.

Initially, there seemed to be in place an effort by the MPD to spin facts, not find them.  Dontre, hours after being killed by a foot-patrol officer (who had beaten others on his "beat" in the past) was referred to as a "suspect" -- in what?  And the word "suspect" was never used in connection with the officer who shot him 10 times, including in the back.  And when the family repeatedly stated "please call and let us know what is happening", the following statement was released (see  http://www.jsonline.com/news/milwaukee/dontre-hamilton-family-retains-attorneys-to-gain-information-b99265869z1-258518521.html):  Joel Plant, chief of staff in the Milwaukee Police Department, issued a statement Thursday saying department members "have spoken with the family on at least two occasions." He said because multiple law enforcement agencies are involved, "I cannot confirm what additional conversations may have occurred with family members."  While grammatically correct, this statement was intellectually dishonest.  It was in response to an inquiry about why the family has not had contact about the investigation.  The “two occasions” were (1) telling the family that Dontre had been killed; and (2) following up shortly after asking about Dontre’s history of mental illness.  As it was a statement, not an interview, no one was able to ask "when" MPD officers had "spoken with the family on at least two occasions."  So when the MPD was asked why they hadn't communicated with the victim's family for a week after his death, they didn't acknowledge their inhuman error -- instead, they used grammar-trickery to imply that they had.

Time will tell what will happen.  The Wisconsin Department of State is conducting its own investigation under the new law.  And while the Milwaukee Police Department says that they are, that seems both questionable, and without authorization.  And it took the local press's coverage of the family's exclusion from any investigation to get a simple phone call from one person saying "we are doing what we can".

I have no idea why what happened to Dontre happened to him.  I have no idea whether facts are being sought or spun by the Milwaukee Police Department, or whether the investigation by the state will be genuine and thorough (though I am hopeful that it will be).  And I have no idea why this tragedy occurred.  Or if there will be accountability.  Or if that will bring change.

I only know that it was such an honor to meet this family, who is dedicated to the concept of family, and whose primary goal is to make this never happen again to anyone.  I am deeply honored to be included.

There is amply press coverage related to this tragedy.  The coverage of Charles Benson, Ashley Luther,  Jeremy Ross, and others, has been wonderfully balanced.  Please read what you can.  And please support Maria,  Nathanial Jr., Nathanial Sr., and Dameion, in their quest to find out what happened, and to safeguard others from the pain that they are experiencing.

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