For more than 25 years, the Milwaukee County District Attorney’s Office has maintained a list of law enforcement officers who have been accused of dishonesty, bias or crimes.
Often known as the “Brady list,” it is meant to help prosecutors fulfill their legal obligation to turn over evidence that could help defendants.
But a joint Milwaukee Journal Sentinel, Wisconsin Watch and TMJ4 News investigation found that the list is inconsistent and incomplete, raising questions about how useful it is in practice.
Here’s what to know about Brady lists.
What is a Brady list?
The Brady list is a compilation of law enforcement officials who have been accused of lying, breaking the law, or acting in a way that erodes their credibility to be a witness. It’s also sometimes known as the do-not-call list or the Brady/Giglio list.
The name comes from the 1963 U.S. Supreme Court case Brady v. Maryland, which ruled that prosecutors cannot withhold material that might help the defense at trial.
What kind of behavior gets you on the Brady List?
The type of misconduct that can land a law enforcement officer on the Brady list is broad, ranging from violent crimes to workplace issues. An officer does not have to be found guilty of a crime or even charged with a crime to be placed on the list.
Of the names on Milwaukee County’s Brady list, the majority involve criminal cases. Roughly a quarter involve internal investigations.
The offenses range from crimes like domestic violence or drunken driving to integrity issues like falsifying police documents or cheating on police training tests.
How does the District Attorney’s Office find out about potential Brady material?
The District Attorney’s Office is responsible for prosecuting crimes. If a law enforcement officer is referred for potential criminal charges, prosecutors would know about it because they make charging decisions.
But if an officer is facing an internal violation and not a criminal charge, it is up to the officer’s law enforcement agency to report the information to prosecutors, according to Milwaukee County District Attorney Kent Lovern.
Do police agencies have written policies for telling prosecutors about Brady material?
Not all of them.
The media organizations sent records requests to 23 law enforcement agencies in the county asking for any policies governing how to handle Brady material.
The Milwaukee County Sheriff’s Office and six other agencies provided a written policy. The Milwaukee Police Department and eight other agencies in the county said they do not have a written policy.
The remaining agencies did not respond or the request remains pending.
If an officer is on the Brady list, does that mean they can’t testify?
No. Being placed on the list only means that prosecutors have to disclose that officer’s history to the defense. If defense attorneys wish, they can raise the officer’s credibility issues with the judge.
At that point, it is up to the judge to decide whether or not the officer is credible enough to testify.
In rare cases, the district attorney’s office has determined an officer could never be relied upon to testify. Lovern said that has only happened two or three times in the past 18 years, and those officers are no longer employed as law enforcement.
If an officer is put on the Brady list, can they stay on the force?
Yes. Just because a law enforcement officer is on the list does not mean they are necessarily prohibited from testifying. That means they can still be useful as police officers, officials say.
Milwaukee Police Chief Jeffrey Norman and Milwaukee County Sheriff Denita Ball say they carefully consider the facts and severity of each case before deciding whether to keep an officer on the force.
Where can I find Wisconsin’s Brady list?
In Wisconsin, there is no single Brady list. District attorney’s offices in each county are responsible for maintaining their own lists.
But there’s no consistency to how prosecutors in Wisconsin maintain Brady lists. In an investigation last year, Wisconsin Watch filed records requests with prosecutors in each of the state’s 72 counties. Many denied the records request or said they didn’t keep track. The counties that replied disclosed a list of about 360 names.
How many people are on Milwaukee County’s Brady List?
You can find Milwaukee County’s Brady list here.
Nearly 200 current and former law enforcement officers are on the list, which dates back about 25 years. Some are accused of multiple offenses. Of those on the list, the majority are from the Milwaukee Police Department, but nearly every suburban police department is represented.
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