Falsifying reports. Found ‘not credible.’ Why aren’t they on Milwaukee’s list of police officers with integrity issues?

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- The Milwaukee County District Attorney’s Office has strict criteria to place officers on its Brady list, meant to help prosecutors fulfill their legal duty to share evidence that could help prove someone’s innocence.
- The list omits officers whose testimony has been found not credible by judges and who have cost taxpayers millions in misconduct lawsuits. That includes two Milwaukee police detectives who were found to have falsified reports that led to an innocent man’s homicide conviction.
- Experts call the criteria improperly narrow, depriving defendants of crucial information for a fair trial.
After two days of testimony about a traffic stop that ended in a drug arrest, a Milwaukee County judge had heard enough.
“You can stop,” Judge Paul R. Van Grunsven said last fall, interrupting the defense attorney who was still cross-examining a West Allis police officer.
The judge recounted inconsistencies in the officer’s testimony and body camera footage shown during an evidence suppression hearing.
“This witness has lost any credibility with this court,” Van Grunsven said. “I find none of his testimony to therefore be truthful.”
The officer, Michael Lazaris, left the stand.
He had been found untruthful by a judge, yet he does not appear on a list of officers with credibility concerns, findings of dishonesty or bias, or past criminal charges.
He’s not the only one.
The Milwaukee County District Attorney’s Office has strict criteria to place officers on the list and only does so if officers have a pending criminal charge, a past conviction or an internal investigation “that brings into question the officer’s integrity.”
Legal experts who reviewed the policy suggest it is improperly narrow, depriving defendants of crucial information for a fair trial.
The list omits officers whose testimony has been found not credible by judges and who have cost taxpayers millions in misconduct lawsuits, an investigation by the Milwaukee Journal Sentinel, TMJ4 News and Wisconsin Watch found.
Experts said any one of those officers could be included on a “Brady/Giglio” list, so named for two landmark U.S. Supreme Court rulings. Such lists are maintained to help prosecutors fulfill their legal obligations to share information favorable to the defense.
In practice, the decision about who gets on — and taken off — the list often comes down to one person: Milwaukee County District Attorney Kent Lovern.
Lovern has maintained his office is fulfilling its legal obligations while striking “the appropriate balance” with adding officers to the list.
Lovern took office in January. Prior to that, he served for 16 years as the top deputy to his predecessor, John Chisholm, and was responsible for maintaining what is formally known as the “officer status list.”
“I respect that other jurisdictions may apply different parameters to their respective Brady lists,” Lovern said. “At the same time, we know many jurisdictions do not even maintain a list.”
It’s dishonesty, he said in an interview, that gets officers on the list. He has drawn a distinction between overt deception and credibility rulings, when a judge determines an officer’s testimony does not match the evidence.
Those rulings most often occur in suppression hearings with judges finding officers did not meet their legal burden for obtaining evidence, he said.

Veteran defense attorneys say judges can and do throw out evidence when an officer cannot articulate reasonable suspicion or probable cause, but that it is different — and rare — for a judge to plainly call an officer’s testimony not credible.
“It’s the reason the judge found them not credible: It’s testimony that didn’t line up with physical evidence or what the evidence was in the case,” said Jeremy Perri, deputy trial division director for the State Public Defender’s Office.
An officer’s placement on the Brady list does not guarantee his or her past will come up in court. It’s up to the prosecutor to disclose it, the defense attorney to raise it and a judge to find it relevant to a specific case.
At least two dozen people on Milwaukee County’s list remain employed in law enforcement, an investigation from the Journal Sentinel, TMJ4 News and Wisconsin Watch found.
“Brady is not designed to punish the officers,” said Laurie Levenson, a professor at Loyola Law School in Los Angeles and a former federal prosecutor.
“Brady is designed to ensure people get fair trials,” she said.
A wrongful homicide conviction
William Avery’s homicide conviction hinged on the word of other people.
Jailhouse informants and two Milwaukee police detectives said he had admitted to killing 39-year-old Maryetta Griffin.
Avery always maintained his innocence. In 2010, he was exonerated after DNA evidence linked Griffin’s homicide to serial killer Walter Ellis. Avery had served six years of a 40-year sentence and was one of three people charged in homicides later attributed to Ellis.
Avery filed a federal civil rights lawsuit against the city and seven Milwaukee police detectives. This time, a jury believed Avery’s word and awarded him $1 million in damages.
Jurors considered reams of evidence, including a handwritten report from then-detective Gilbert Hernandez. Hernandez and Daniel Phillips, another detective, interviewed Avery soon after Griffin’s homicide in 1998.

Hernandez wrote that Avery admitted selling drugs to Griffin and later fighting with her after he woke up to her going through his pockets.
Hernandez asked Avery how he had killed Griffin.
“Subject states, ‘I’m responsible, I just don’t remember,’” according to the report, which Avery had refused to sign.
The next day, Hernandez filed another report that said during further questioning, Avery had denied killing Griffin.
Avery was not charged with homicide then but was convicted of a drug offense. Years later, after the jailhouse informants came forward, Avery was charged with Griffin’s homicide. At the criminal trial, Hernandez and Phillips testified that Avery implicated himself, and Hernandez’s report was admitted into evidence.
The federal civil jury not only found in Avery’s favor but concluded Hernandez and Phillips had falsified reports saying Avery admitted to the homicide. The jury found the other detectives named in the lawsuit had not engaged in improper conduct.
At the time of the federal verdict, Phillips was retired, but Hernandez was still working as an investigator at the Wisconsin Department of Justice.
Lovern, the district attorney, said the state agency never referred the well-publicized jury finding to his office for potential inclusion on the Brady list.
“Our office has determined not to add him to our database,” Lovern said in an email, responding to follow-up questions from the Journal Sentinel.
Avery’s Chicago-based civil attorney, Ben Elson of the People’s Law Office, was stunned to learn Hernandez and Phillips were not on the list.
“They sent an innocent man to prison based on a fabricated confession,” Elson said. “If they don’t belong on a Brady list, who does?”
The state Department of Justice said Hernandez resigned as a sworn special agent for the Division of Criminal Investigation in February 2016, after the civil jury finding. He continued working in a series of non-sworn office roles at the department until his retirement in December, an agency spokesman said.
The state would share any Brady/Giglio information about Hernandez with district attorneys or other law enforcement agencies “upon request,” Riley Vetterkind, the spokesman, said in an email.
Hernandez declined to comment recently when reached by a Journal Sentinel reporter. In the federal civil trial, he denied any wrongdoing, as did Phillips.
Hernandez remains on a witness list for prosecutors, identified as a “DCI investigator,” in at least one pending homicide case: Maxwell Anderson, who is charged with killing and dismembering Sade Robinson.
A traffic stop ends in a search without cause
Lewis Moore went to prison, accused of a crime never proven in court.
On March 2, 2019, Moore got pulled over while driving. A Milwaukee officer, Chad Boyack, told Moore he had been “flying” and asked him to step out of the car.
Moore, then 22, did so and raised his arms.
He was sure he had not been speeding. His license was valid. The car was not stolen or wanted. It was his girlfriend’s car, he told the other officer, Anthony Milone, as he sat in the back of the police squad.
She has her concealed-carry permit, he said, and her gun might be in the car.

Boyack did find a gun in the center console. Moore maintained he did not know it was there. He was on probation for a low-level felony and legally barred from having a gun.
Boyack and Milone arrested him. A prosecutor charged him with being a felon in possession of a firearm. As a result, Moore was revoked from probation and put behind bars — his first experience in prison.
“I don’t deserve this,” Moore said he remembered thinking at the time. “I didn’t do nothing wrong.”
His case got stuck in the court system during the COVID-19 pandemic. He even considered pleading guilty just to get it over with.
But his public defender, Caitlin Hazard Firer, had reviewed the reports and officers’ body camera footage. She believed the officers had conducted an illegal search. So she filed a motion to try to get the evidence from the search thrown out.
Moore finally had his day in court in 2021. Inconsistencies piled up from the officers.
Boyack and Milone gave different estimates of his speed that day, the highest being 60 mph. Video footage showed the officers turning on their squad’s lights and driving 32 mph to pull him over.
The officers said Moore took a while to stop, which factored into their decision to get him out of the car. Video showed Moore stopped within 30 seconds, spending much of that time navigating the busy intersection of North 27th Street and West Capitol Drive.
The officers differed on whether they smelled burnt marijuana from the car. Boyack testified that he did, though he did not mention the smell when he first spoke with Moore during the stop. Milone testified he did not smell it.
Boyack also testified he did not see marijuana until he searched the car, turning up the equivalent of a few grains of rice. Milone testified he did not see or smell it when he approached the car.
Milwaukee County Circuit Judge Glenn Yamahiro heard the testimony, reviewed the video footage and determined the evidence had been unlawfully seized. He also noted there was no independent evidence of speeding, like a radar gun.
“So bottom line here is I don’t find these officers credible in this case,” Yamahiro said, according to a transcript.
“I do not find the reasoning here for why he got put in the squad car legitimate,” the judge said later in the hearing, adding: “I do not find the actions of the officers here lawful.”
Moore’s attorney had been practicing law for decades. It was the first adverse credibility ruling against an officer in any of her cases.
“This is incredibly rare,” Firer said. “In my experience, judges will find another reason to suppress the evidence.”
“A judge has found them not credible, and that is Brady material,” she said.
Lovern, the district attorney, disagreed. He said the prosecutor on the case did not tell him about the judge’s finding and did not need to do so.
Lovern said the judge’s decision related to a specific set of circumstances at a suppression hearing and did not find the officers had been dishonest.
Chief Judge Carl Ashley echoed his comments, saying: “The judge didn’t say they were lying.”
Yamahiro declined to comment to the Journal Sentinel.

Milwaukee Police Chief Jeffrey Norman said he was unaware of the judicial ruling. The department did not investigate the circumstances of Moore’s arrest because no one made a complaint, he said.
Norman praised the two officers, saying they had earned many meritorious awards for their service. In a follow-up email, the department said the chief agreed with the district attorney and chief judge that the judge’s credibility finding was only for testimony at a suppression hearing, “which is different than the integrity or credibility of an individual.”
Boyack and Milone did not respond to interview requests from TMJ4 News. The Milwaukee Police Department declined to make them available for an interview.
Years later, Moore still finds it difficult to capture how that traffic stop upended his life.
“You guys took time away from me and my family and my business,” he said in an interview with TMJ4 News.
Milwaukee County’s policy appears ‘improperly narrow,’ expert says
Prosecutors in other states do things differently.
The Cook County State’s Attorney Office in Chicago tracks judicial rulings on officer credibility. So do prosecutors in New York. When Brooklyn prosecutors first released a Brady list in 2019, local media reported it included 53 cases involving similar judicial findings.
These judicial rulings do not mean an officer purposefully lied or committed perjury.
Last year, the Hennepin County Attorney’s Office in Minneapolis expanded the type of conduct that may qualify as Brady material and created a new tracking system for judicial orders related to witness credibility.
In Milwaukee County, there is no comprehensive tracking of such decisions. Asked if such a system should exist, the county’s chief judge said, “there’s always a transcript of the proceedings.”
Attorneys cannot ask for a transcript if they do not know a ruling was made in the first place. Legal experts say such rulings should be disclosed and underscored that Brady protections help prevent wrongful convictions.
Official misconduct has played a significant role in about 54% of wrongful convictions, according to a 2020 study from the National Registry of Exonerations.
“It is a staggering number that runs the gamut of witness tampering, misconduct in interrogations, fabricating evidence, concealing exculpatory evidence and perjury at trial,” said Rachel Burg, director of the Wisconsin Innocence Project.
Most cases involving misdemeanors and lower felony offenses are rarely reviewed after conviction.
Rachel Moran, a professor at the University of St. Thomas School of Law in Minneapolis, has extensively studied Brady lists.
She reviewed Milwaukee County’s policy and said it appears to have an “improperly narrow reading of what types of misconduct could count as Brady evidence.”
The district attorney’s Brady list included 191 officers, as of late February. Thousands of officers have worked in the county since the list was started 25 years ago.
“The fact that the list dates back so many years and has relatively few officers suggests that it is probably missing a lot of Brady material,” Moran said.
Levenson, the Loyola Law School professor, said when a system fails to track officers with credibility problems, patterns get missed.
“The real concern is it’s not an isolated mistake, it becomes part of the culture,” she said.
A drug charge dismissed after officer found not credible by judge
The 22-year-old man stopped by Lazaris, the West Allis police officer later scolded by a judge, faced a felony drug charge.
The man’s attorney, Justin Padway, looked at the body camera footage.
In the video, Padway saw his client being polite and cooperative with the officer who had pulled him over. Lazaris peppered the driver with questions, including if he had guns or marijuana in the car. The man said no and kept his hands visible during the encounter. Lazaris got him out of the car and frisked him anyway.
Padway believed the officer had unlawfully searched his client and extended the traffic stop. He filed a motion to suppress the seized evidence, which included cocaine.
At the suppression hearing, Lazaris contradicted himself and the body camera footage, according to a transcript.
In court, Lazaris said he pulled the man over for window tint. He said he believed he had thwarted a drug transaction and that the driver was involved in drug trafficking. In response to Padway’s questions, he admitted he saw no evidence of drug trafficking or a drug transaction.
Padway asked him to confirm his earlier testimony in the hearing, that he saw cocaine in the car. The officer said yes.
Padway played body camera footage in court. Lazaris could be heard telling another officer there may or may not be “shake” in the car. “Shake” typically refers to leftover, loose marijuana.
Lazaris, on the witness stand, said the term could be used for either marijuana or cocaine. Soon after, the judge, Van Grunsven, interrupted the questioning and said he was ready to rule.
“This guy testifies under oath he saw ‘shake’ in the vehicle,” the judge said. “That’s what he tells the K9 officer. That’s what’s truthful. That’s what’s honest. That’s what’s credible. The fact that he tries now to say that it was cocaine shake is incredible.”
The judge cited the other inconsistencies and ruled the search was unlawful, meaning the seized evidence could not be used. Prosecutors dismissed the charge against Padway’s client, who had no prior criminal convictions and has not been charged with any other offense.
The Milwaukee Journal Sentinel requested an interview with Lazaris or a West Allis Police Department official. In an email response, West Allis Deputy Chief Chris Marks defended the officer and said the department does not believe the judge’s finding should be considered Brady material.
“An officer losing a motion hearing can occur during the course of an officer’s career but is not indicative of deceit,” Marks said in an email. “The officer is a highly valued member of our department. We support the officer’s actions.”

Lovern, the district attorney, said the case illustrates why his office generally will not add officers to the Brady list for credibility determinations made in court hearings.
The judge’s finding stemmed from what he thought the term “shake” meant, Lovern said.
“In fact, the term ‘shake’ has long been used to refer to both particles of marijuana and cocaine, particularly by law enforcement investigators,” Lovern said in an email.
Lovern did not address other inconsistencies cited by the judge. The Journal Sentinel left several messages for the judge but did not hear back.
To Padway, placing such an officer on the Brady list is “essential for maintaining the integrity of the justice system.”
“It ensures that both defense attorneys and prosecutors have access to crucial information about an officer’s credibility, protecting the defendant’s right to a fair trial and upholding public trust in law enforcement,” he said.
This story is part of Duty to Disclose, an investigation by the Milwaukee Journal Sentinel, TMJ4 and Wisconsin Watch. The Fund for Investigative Journalism provided financial support for this project.
Falsifying reports. Found ‘not credible.’ Why aren’t they on Milwaukee’s list of police officers with integrity issues? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.