http://www.jsonline.com/news/milwaukee/29180809.html
Posted: Oct. 9, 2006
Milwaukee police officer Joseph Schabel took a witness stand, in uniform, several times over the past 18 months and testified that he was the one who tried to stop the savage beating of Frank Jude Jr. by fellow off-duty officers in 2004.
Then, less than two weeks ago, Schabel admitted to FBI agents that he kicked Jude in the head during the attack and had lied about it ever since, according to his federal plea agreement, one of two announced last week.
Schabel's admission marks a dramatic turn in the high-profile police case, and, though it's early, it shows that U.S. Attorney Stephen M. Biskupic is scoring victories that eluded Milwaukee District Attorney E. Michael McCann when he prosecuted the case.
Biskupic and others attribute the success so far to more-provable federal charges, the leverage of stiff mandatory federal sentences, and the lessons learned from the failed state prosecution earlier this year.
The federal investigation, launched immediately after three fired police officers charged with beating Jude were not convicted by a state jury in April, continues, and Biskupic promised more charges in the next few weeks.
For his part, McCann welcomed the U.S. attorney's plea deal victories, and would like to see more.
"Obviously, I am concerned about the truth emerging," he said.
It is unclear how many defendants will be charged in the end, but it's likely to be at least seven. In his plea agreement, fired Officer Jon Clausing admitted to cutting Jude's companion, Lovell Harris, and beating Jude with five other officers.
Building a case
Convicting others won't be easy. The federal government is building a case around Schabel and Clausing, who took part in the beating. But Biskupic said that can actually make them stronger witnesses.
"We have two people who have admitted guilt," he said. "That goes a long way to establishing their credibility. That's just the type of case that we have. It's not an impossible task."
If the U.S. attorney gets lucky, neither will ever testify.
In the federal system, people charged with being part of a conspiracy have an incentive to plead out before their co-defendants because the first ones to cooperate get the best deals. If they don't deal, and get convicted at trial, they could go to prison for decades. Early cooperation can earn a 25% reduction in a recommended sentence. Schabel, 35, who had agreed to plead guilty to violating Jude's civil rights and obstruction of justice, faces up to 20 years in prison. Clausing, 39, agreed to plead guilty to conspiracy to deprive Jude of his civil rights, a 10-year felony. Each will likely get much less if they follow through on their promised cooperation.
Federal prosecutors don't have to prove exactly who beat Jude, as McCann did. They must show only that the defendants were part of a conspiracy. They don't even have to prove how many people were involved, as long as there was more than one. To be convicted, a defendant must be a "knowing participant" in the crime.
The biggest unanswered question for now is what prompted Schabel to change his story.
Interviews with the FBI and Schabel's attorney suggest that both a thorough investigation and a crisis of conscience were factors. It also may be significant that Clausing said Schabel kicked Jude, though it is unclear when he said that.
Because of its size and its national jurisdiction, the FBI is doing a more far-reaching investigation of the Jude affair than local authorities could, said Supervisory Special Agent Linda Krieg. FBI agents have talked to some witnesses who were never interviewed for the state case.
"With us, if we find witnesses who have left Milwaukee, we can go anywhere in the country," she said.
Schabel also had inner motivation to do the right thing, said his attorney, John Schiro.
"Joe Schabel is the kind of person for whom this would work on his conscience," he said. "Good people do bad things. Joe finally came around."
Schabel's admission squares with a couple pieces of evidence that hinted that he may have had a role in the beating, including the 911 call and a comment from his partner.
"The government had to work against that (in the state case). They won't be doing that this time," Schiro said. "I'm confident the jury will see him for what he is now: a witness that's telling the whole truth. Back then, he was only partially telling the truth, and the system doesn't work if you don't tell the whole truth. I think he will be an effective witness despite the fact that he lied."
On Oct. 24, 2004, Jude, Lovell Harris and two women went to a party hosted by then-Officer Andrew Spengler at his Bay View home and attended by several off-duty officers but left a short time later.
The officers followed Jude and the others out and accused him and Harris of stealing Spengler's wallet and badge, which Jude denied. No badge has ever been found, and Jude was never charged with theft.
Harris was cut and then fled. Jude and witnesses said up to a dozen off-duty officers beat and kicked him in the body and head, cut off his clothes, jammed something in both ears and threatened him with a knife. Jude, who is biracial, and Harris, who is black, both said their attackers, who are all white, used racial slurs during the beating.
Schabel and his partner, Nicole Belmore, were dispatched to the scene after one of the women with Jude called 911. Schabel, who had gone through the police academy with Spengler, knew about the party because he'd been invited.
Schabel testified in April that when he arrived, he did punch Jude twice because he was resisting the off-duty officers' attempts to neutralize him. Schabel said he later saw Spengler, Jon Bartlett and Daniel Masarik beat Jude, including after Jude was handcuffed. But Schabel denied ever kicking Jude.
Bartlett testified that Schabel ran up to Jude and kicked him in the head.
"You are asking this jury to believe that Officer Schabel, the first thing he did was walk up and kick (Jude) in the face?" asked Deputy District Attorney Jon Reddin on cross-examination.
"Yes. He actually ran up and kicked him in the face," Bartlett answered.
At the time, juror Mary Madden said, she thought Bartlett was lying.
"I thought it was a desperate attempt to say 'It was him and not me,' but I knew there was a lot of coverup, so I am not surprised," Madden said Friday.
Madden and another juror from the state case weren't shocked by Schabel's admission, but said they didn't acquit the other officers based on his testimony.
They were divided on whether the case belongs in federal court.
"These three fellas were not guilty and all the sudden they say, 'We thank you and we did not like your answer.' It is just abominable," said juror Vaso Sasic, who said he thinks Jude resisted arrest.
Madden is happy the federal authorities took it up.
"Maybe some pieces of the puzzle will finally be filled in on who did what," she said.
