Sen. Hutton Pitches Legislation to Block Future John Doe Prosecutions

Lawmakers Working to Prevent further John Doe Prosecutions

Lawmakers at the Wisconsin Capitol are being asked to declare that only prosecutors can decide to file charges in criminal cases, especially against police officers.

Sen. Rob Hutton, R-Brookfield, on Thursday testified before the Senate’s Committee on Judiciary and Public Safety to push for a ban on John Doe cases against law enforcement officers.

“This provision of the Wisconsin Statutes is being abused to usurp the authority of an elected district attorney to evaluate the facts of the case and determine if criminal charges should be filed. Activists have just begun using this against law enforcement officers,” Hutton explained in his co-sponsorship memo to other lawmakers. “This bill would prevent courts from holding such hearings on matters where the district attorney has refused to issue a complaint because the law enforcement officer was acting in self-defense unless new evidence is presented.”

The legislation is in direct response to the John Doe case brought against former Wauwatosa police officer Joseph Mensah.

Prosecutors passed on filing charges after Mensah shot and killed Jay Anderson Jr. during a police check back in 2016. Mensah told investigators that Anderson reached for a gun while Mensah was talking to Anderson who was sitting in his car.

However, Milwaukee County Judge Glenn Yamahiro ruled in 2021 that there was probable cause to take the case to trial. He appointed a special prosecutor, who ultimately decided against taking the case to a jury.

Hutton said that doesn’t mean Mensah is in the clear.

“Officer Mensah cannot put this incident behind him, because there is no statute of limitations on a homicide charge and since he was never charged, there is nothing stopping anyone from re-petitioning the judge to hold an indefinite number of these hearings,” Hutton added.

His legislation would make it clear that only prosecutors could make charging decisions.

“In many conversations with law enforcement, it became clear to me that the threat of legal harassment is pushing officers out of the force and seriously harming recruitment. Officers handle very tough situations every day with great professionalism, yet they face the possibility that any one of those encounters will lead to their professional, personal and financial ruin,” Hutton said. “This bill does only one thing—it requires new evidence be brought forward before another investigation can be opened. It’s a sensible update to a very old state law that will help communities recruit and retain law enforcement officers.”

Wednesday was the first hearing on the legislation. No one is guessing when it could see its first vote.