Frank Jude, Jr.

Frank Jude, Jr., a.k.a. Frankie Lee Jude, Jr., (b. August 14, 1978 - ) is a Wisconsin man who was severely beaten by off-duty Milwaukee police officers in the early-morning hours of October 24, 2004. Following a state trial that ended with the jury acquitting the three police officers charged, a federal investigation led to plea agreements with three police officers and the indictment of five police officers, including the three who were acquitted in state court. Before trial, one of these five pled guilty. The federal jury acquitted one of the remaining police officers and the three police officers who were acquitted in state court were convicted in federal court.

The events of October 24, 2004

On the evening of October 23, 2004, Frank Jude, who is bi-racial, performed as a stripper at a bachelorette party. Following his performance, he and his friend, Lovell Harris, who is black, were invited to accompany Kirsten Antonissen and Katie Brown, who were at the bachelorette party, to a housewarming party being hosted by police officer Andrew Spengler at his Bay View, Milwaukee home. Many of the persons at Andrew Spengler’s housewarming party were off-duty Milwaukee police officers and nearly all were white.

Upon arriving at Andrew Spengler’s home, Frank Jude and Lovell Harris told Kirsten Antonissen that they felt uncomfortable and therefore wanted to leave. The group quickly left and shortly after doing so, Andrew Spengler reported that his wallet was missing. More importantly, contained in his wallet was his police badge. Numerous of the off-duty police officers who were at Andrew Spengler’s home went outside and confronted Frank Jude, Lovell Harris, Kirsten Antonissen, and Katie Brown. Among the off-duty Milwaukee Police Officers who confronted the group were Andrew Spengler, Jon Bartlett, Daniel Masarik, Ryan Packard, Ryan Lemke, Jon Clausing, and Joseph Stromei.

The off-duty officers identified themselves as police officers and focused their attention upon Frank Jude and Lovell Harris, demanding to know where the badge was. Both Frank Jude and Lovell Harris denied taking the badge. Frank Jude lied and stated that he was an off-duty Appleton police officer. The off-duty Milwaukee police officers became suspicious of Frank Jude’s claim when he could not provide any identification, the name of his commanding officer, or a phone number of his station.

During this confrontation, fearing that Frank Jude was going to strike him, Ryan Packard took Frank Jude to the ground, where other off-duty officers held him down and searched him for the badge. Ryan Packard then left the area in an attempt to locate Lovell Harris who had run off. The off-duty officers continued to demand that Frank Jude tell them where the badge was. While demanding to know where the badge was the off-duty officers repeatedly punched and kicked Frank Jude.

Kirsten Antonissen called 911 and reported that people who were claiming to be police officers were beating up her friend. While talking to the 911 dispatcher, a uniformed officer responded to the scene and she reported that he too began beating Frank Jude. This on-duty officer, Joseph Schabel, arrived at the scene and upon learning that Frank Jude was suspected of stealing a police badge, repeatedly stomped on Frank Jude’s head. At this point, Jon Bartlett took Joseph Schabel’s pen and shoved it into Frank Jude’s ear, causing Frank Jude to scream and squirm as if in extreme pain and resulting in significant injury. Additionally, during this incident, Jon Bartlett used a knife to cut in half the leather jacket that Frank Jude was wearing. Also, someone cut Frank Jude’s pants off of him.

Frank Jude was initially arrested on suspicion of theft and quickly loaded into a police van and transported to the hospital for treatment of his numerous injuries. However, no one was ever charged with the theft of the badge and the badge was never found.

The investigation

The investigation that followed was met with lies and silence on the part of the police officers involved. An internal police investigation resulted in the termination of nine officers, suspension of three, and the demotion of one. The district attorney’s office faced mounting criticism at the pace of the investigation, led in large part by Alderman Michael McGee, Jr., who, at a rally calling for criminal charges, referred to the suspected officers as "hate mongers and KKK killers," and said, "Any man that would pull another man's pants down is a straight-up sick faggot.”

Following a secret John Doe proceeding, on February 28, 2005, District Attorney E. Michael McCann filed felony charges against Daniel Masarik, Andrew Spengler, and Jon Bartlett. Jon Bartlett and Daniel Masarik both faced charges of second-degree recklessly endangering safety and substantial battery. Andrew Spengler was charged only with substantial battery. Daniel Masarik also faced an additional charge of perjury for testifying during the John Doe hearing that he never had any contact with Frank Jude. This perjury charge was handled separately from all others and eventually dropped.

The state trial

On March 27, 2006, a joint jury trial commenced, which was covered by Court TV. The prosecutors took the unusual step of challenging the racial composition of the jury when an all-white jury was selected. The court rejected the prosecutors’ challenge and permitted the case to proceed with an all-white jury, laying the groundwork for much community outrage. The prosecution’s task was made particularly difficult by the fact that nearly all of the eyewitnesses to the crime admitted drinking that evening, some heavily. Further, it was later revealed that one of the state’s key witnesses, Joseph Schabel, the first on-duty Milwaukee Police Officer to arrive at the scene, lied in his testimony. Also, the state was presented with credibility problems with respect to its two victims. Frank Jude had previously been convicted of the felonies of selling marijuana and bribing a police officer in 1996 and was convicted of the misdemeanors of battery and disorderly conduct in 2000. Lovell Harris was previously convicted of being a felon in possession of a firearm and was charged with first degree intentional homicide (on-line court records do not indicate if he was convicted of this crime).

Shortly after 11 PM on April 14, 2006, after deliberating for roughly 27 hours, the jury returned its verdict, acquitting Andrew Spengler and Daniel Masarik. Jon Bartlett was acquitted of second-degree recklessly endangering safety but the jury deadlocked on the charge of substantial battery. It was the only felony jury trial that District Attorney E. Michael McCann ever lost in his 38 years as a prosecutor.

Community outrage

The acquittal drew prompt community outrage. Even despite the late-hour, a small group of protestors, led by Alderman Michael McGee, Jr., marched through the streets surrounding the county courthouse. There were prompt calls for federal charges. On April 18, 2006, a crowd of 3,000 to 5,000 people marched from the Milwaukee County Courthouse to the Federal Courthouse demanding a federal investigation. On May 15, 2006 a motorcade of more than 300 cars delivered a petition to United States Attorney Steven Biskupic demanding a federal investigation. In response to these demonstrations United States Attorney Steven Biskupic promised a full investigation.

The federal trial

On October 19, 2006, the grand jury returned a two count indictment charging Jon Bartlett, Andrew Spengler, Daniel Masarik, Ryan Lemke, and Ryan Packard each with violating the civil rights of Frank Jude and Lovell Harris under color of state law and assaulting Frank Jude while acting as police officers. Three other officers, Joseph Stromei, Jon Clausing, and Joseph Schabel agreed to plead guilty to crimes related to the beating of Frank Jude.

On July 5, 2007, Ryan Lemke agreed to plead guilty to a lesser crime and on July 9, 2007, the jury trial commenced against the four other officers. Unlike the state trial, the federal trial included one black man on the jury. Additionally, Honorable Charles N. Clevert, Jr., the only black judge to serve in the Eastern District of Wisconsin, presided over the trial. However, the most notable change came in testimony came from Joseph Schabel, the first on-duty officer to arrive at the scene, who testified in state court that he never kicked Frank Jude but did observe others do so. In federal court, after pleading guilty pursuant to a plea agreement that included a grant of immunity from perjury charges for his state testimony, Joseph Schabel testified that he “stomped” on Frank Jude’s head two or three times.

After nearly three weeks of testimony and roughly 30 hours of deliberation, shortly after 2 PM on July 26, 2007, the jury of eight women and four men returned its verdicts finding Jon Bartlett, Daniel Masarik, and Andrew Spengler guilty of both counts. The jury acquitted Ryan Packard of both counts. Ryan Packard's defense was that he acted as a reasonable police officer when he took Frank Jude to the ground and left the scene in search of Lovell Harris before other officers began to beat Frank Jude.

The jury rejected Daniel Masarik's defense, which was that eyewitnesses were confusing him with Ryan Lemke, another off-duty officer at the party who pled guilty pursuant to a plea agreement shortly before the federal trial began. At the time, both defendants had roughly the same builds, same hair color, and hair styles. Further supporting Daniel Masarik’s defense of mistaken identification is the fact that some witnesses did not identify Daniel Masarik as a person involved in the beating of Frank Jude until after the photographs of Daniel Masarik, Andrew Spengler, Jon Bartlett, and Ryan Packard were widely publicized in the media. At that time, Ryan Lemke’s photograph was not publicized.

Daniel Masarik, who was the only defendant to testify in his own defense in the federal trial, testified that he was on his cell phone with his wife inside the house when Andrew Spengler informed him that his police badge was missing. Daniel Masarik was temporarily staying in Andrew Spengler's home and so he began to make sure none of his own police equipment was missing. After making sure none of his police equipment was missing, Daniel Masarik testified that he then began to search for Andrew Spengler’s badge. Daniel Masarik testified, as he did in the state trial and in the John Doe proceeding, that he never approached Frank Jude.

Daniel Masarik and Andrew Spengler, both of whom had been free on bond, were promptly taken into custody to await sentencing while Ryan Packard left the courthouse a free man.

Jon Bartlett was already in state custody, having been convicted and sentenced to 4 ½ years in prison for making a bomb threat to his former police station during a night of drinking on December 1, 2005, while he was suspended from the police force during the investigation into this matter. Also while this matter was pending, Jon Bartlett was charged in federal court with falsely stating that he was not currently facing felony charges in an effort to obtain a submachine gun, a handgun, and hundreds of rounds of ammunition.

On March 30, 2007, Bartlett pled guilty to this charge and on August 3, 2007, Chief Judge Rudolph T. Randa sentenced Jon Bartlett to 18 months in prison, to be followed by 3 years of supervised release. A factor in Bartlett’s sentencing was the fact that he had a tattoo of the “Punisher” skull.

Related to these cases, there have been numerous rumors regarding the existence of tight-knit group of rogue officers working out of the District 7 police station, many of whom were implicated in this case, who modeled themselves upon the vigilante comic book superhero “The Punisher.” Many of these officers were rumored to have matching tattoos that referred to the Punisher and District Seven and Andrew Spengler had a Punisher decal on his car.

Sentencing

On November 29, 2007, Jon Bartlett, Daniel Masarik, and Andrew Spengler were sentenced by Judge Clevert.

Jon Bartlett was sentenced to a total of 208 months in federal prison to be served consecutively to his other sentences. In a letter read by his attorney, Frank Jude called Bartlett a “disgrace” and a “terrorist,” and referred to him as “Mr. Punisher,” a reference to Bartlett’s tattoo of the logo for the vigilante comic book character The Punisher.

In calling for the statutory maximum of 240 months in prison, United States Attorney Steven Biskupic emphasized the impact this case has had upon the Milwaukee Police Department and the community as a whole. He commented that this case has exacerbated the distrust between certain segments of the community and the police and raised concerns for police officers who are now afraid of being what officers called “Juded,” a term Biskupic said officers use to refer to a police officer being falsely accused of assault.

Bartlett read a prepared statement wherein he apologized to Frank Jude and Lovell Harris and asked for forgiveness. He discussed how incarceration had changed him, allowing him to recognize his prior problems and bringing him closer to his family and God.

In sentencing Bartlett to a sentence above the guideline range, Judge Clevert emphasized the damage this incident caused not only to the direct victims but also the Milwaukee Police Department and the community as a whole. Further, Judge Clevert relied upon the facts in evidence indicating that Bartlett was a ringleader and one of the most egregious actors in this incident, as well as Bartlett’s other criminal actions that occurred while this matter was pending.

Daniel Masarik was sentenced to 188 months in prison for his actions, the precise sentence the government argued for. Although he had no criminal record Judge Clevert felt this sentence, which was the top of the range suggested by the sentencing guidelines, was warranted because of what he regarded as Masarik’s repeated untruthful testimony that he never approached Jude during the incident, in addition to the factors regarding the impact that this crime had upon the community that he discussed in sentencing Bartlett.

In a letter read by his attorney, Frank Jude asked that Masarik be sentenced to ten years in prison if Masarik were to finally admit his role in the crime and take responsibility for those actions. If he continued to refuse to admit his involvement, Jude asked for the maximum sentence.

In arguing for a sentence below the guideline range, Masarik’s attorney emphasized that this incident was an aberrant 20 minutes in an otherwise positive and pro-social 27 years of life. Masarik’s attorney also pointed out the unique risks that a former police officer, especially one who has been involved in such a high-profile case may face in prison, and thus any term of incarceration may be particularly punitive, and that the officers involved in the beating of Rodney King received sentences of only 30 months. Judge Clevert rejected this argument for a sentence below the guideline range, stating that a sentence below the guideline range would be a “travesty.”

In a brief prepared statement, Masarik apologized to Frank Jude and Lovell Harris for what happened to them, as well as the police department, and the community. At no point did Masarik admit his involvement in the crime he was convicted of.

Andrew Spengler received the same sentence as Masarik, 188 months in prison. During sentencing, for the first time Spengler's attorney offered an explanation as to why the theft of the badge could have been so enraging to Spengler—the badge had been passed down to Spengler from his grandfather, who had also served as a Milwaukee police officer. Spengler’s attorney argued that the history of the badge was a mitigating factor that should be considered at sentencing. Also during sentencing, Spengler's attorney alleged for the first time that Michele Bartlett, Jon Bartlett’s wife at the time of the incident, who was a former Milwaukee police officer and had been at Spengler’s housewarming party, had told Spengler that she saw Jude in Spengler’s bedroom shortly before Jude left the party. Spengler then went to his bedroom and noticed his wallet and badge were missing. Michele Bartlett, although many witnesses implicated her in the incident, never testified in the case. She received immunity in state court and when called to testify in the federal trial, invoked her Fifth Amendment privilege not to incriminate herself.

Spengler, like Masarik, apologized to Frank Jude but did not admit involvement in the assault. Spengler was the most emotional of the three defendants, repeatedly having to stop while speaking in court to blot his eyes and choke back tears. Spengler had previously notably broken down in tears during his attorney's closing argument during the state court trial.

Each defendant will also be required to complete three years of supervised release following his release from prison and pay, along with the other police officers convicted in this case, more than sixteen-thousand dollars in restitution for Frank Jude’s medical bills. Bartlett, Masarik, and Spengler all indicated they would appeal.

On November 3, 2006, Joseph Schabel pled guilty to assaulting Frank Jude under color of state law, thereby violating Frank Jude’s right to be free from unreasonable seizure, in violation of 18 U.S.C. § 242, and obstructing the federal investigation by lying about his actions, in violation of 18 U.S.C. § 1512(b)(3). In his plea agreement, Joseph Schabel admitted he kicked Frank Jude in the head and that he witnessed off-duty officers continue to assault Frank Jude even after Frank Jude was handcuffed. On December 6, 2007, Joseph Schabel was sentenced to 32 months in prison. The government had argued for a sentence in the 28-36 month range. The defense argued for a sentence of 18-24 months. He had faced a total of 20 years in prison and a $500,000 fine, and federal sentencing guidelines suggested a sentence of 108-135 months.

Jon Clausing was an off-duty police officer at Andrew Spengler’s housewarming party. According to his plea agreement, Jon Clausing admitted that he and another off-duty officer directing Lovell Harris at knife-point away from the others, then threatened Lovell Harris with the knife and cut Lovell Harris’ cheek. After Lovell Harris fled, Jon Clausing returned to the group around Frank Jude and witnessed the assault of Frank Jude. On November 3, 2006, Jon Clausing pled guilty to conspiring to violate the civil rights of Frank Jude and Lovell Harris, in violation of 18 U.S.C. § 241. On December 6, 2007, Jon Clausing was sentenced to 28 months in prison. The government argued for a 36 month prison term whereas Clausing argued for a sentence in the 12-18 month range. He had faced a maximum of 10 years in prison and a $250,000 fine, and federal sentencing guidelines suggested a sentence of 87-108 months.

On December 7, 2006, Joseph Stromei, an off-duty police officer who was a guest at Andrew Spengler’s housewarming party, pled guilty to obstructing the federal investigation by lying about his knowledge regarding the beating of Frank Jude, in violation of 18 U.S.C. § 1512(b)(3). According to his plea agreement, Joseph Stromei previously stated that he never saw anyone assault Frank Jude or brandish a knife during the incident when, in fact, he did see such things. Although the federal sentencing guidelines suggested that Stromei’s sentence should be between 10 and 16 months in prison and the government recommended that Stromei receive 12 months and one day in prison, on September 11, 2007, Judge Clevert nonetheless sentenced Stromei to 24 months in prison to be followed by 3 years of supervised release. Stromei was allowed to remain free following sentencing in order to finish college classes and to begin serving his prison sentence at the end of the semester.

On July 6, 2007, Ryan Lemke pled guilty to assaulting Frank Jude under color of state law, in violation of 18 U.S.C. §§ 2 and 242. According to his plea agreement, Ryan Lemke participated in helping hold down Frank Jude’s legs and as on-duty police officers began to arrive, continued to attempt to restrain Frank Jude by delivering two kicks to Frank Jude’s thigh. On November 2, 2007, Ryan Lemke was sentenced to one year in prison, the maximum he could have received. The pre-sentence report noted that the conduct Lemke admitted to could have supported a conviction for a crime that would have resulted in a sentence of 11 to 14 years in prison. In sentencing Lemke to the maximum allowed, Judge Clevert commented, "Mr. Lemke's break was up front and he is not going to get a second break in this court." Lemke must also serve one year of supervised release, perform 100 hours of community service, and pay a $3,000 fine. Lemke was allowed to remain free on bail and to report to prison upon the completion of his current semester in college.

The civil lawsuit

Frank Jude, Lovell Harris, as well as Frank Jude's wife, who has subsequently obtained a restraining order against Frank Jude following an alleged incident of domestic violence, and the two women who accompanied Frank Jude to Andrew Spengler's party on October 24, 2004, have filed federal civil rights lawsuits against all of the police officers who were charged in federal court, except for Joseph Stromei, as well as Jon Bartlett's wife, a former Milwaukee police officer, and the City of Milwaukee. This lawsuit is currently pending before the Honorable Lynn Adelman.

References

*cite press release
title = Five Former and Current Milwaukee Police Officers Indicted on Civil Rights Charges; Additional Officer Pleads Guilty To Obstruction
publisher = U.S. Department of Justice
date = 2006-10-19
url = http://www.usdoj.gov/opa/pr/2006/October/06_crt_715.html

* cite news
first = Bryan
last = Pfeifer
authorlink =
author =
coauthors =
title = Community protests acquittal of cops by all-white jury
url = http://milwaukee.indymedia.org/en/2006/05/205526.shtml
format =
work = Indymedia Milwaukee
publisher =
pages =
page =
date = 2006-05-19
accessdate =
language =
quote =

* cite news
first =
last =
authorlink =
author = Deidrich, John
coauthors = and Georgia Pabst
title = 'Not Guilty': All-white jury clears officers in 4 of 5 charges
url = http://www.jsonline.com/story/index.aspx?id=416165
format =
work = Milwaukee Journal Sentinel
publisher =
pages =
page =
date = 2006-04-15
accessdate =
language =
quote =

* cite news
first = John
last = Deidrich
authorlink =
author =
coauthors =
title = Jude officers' trial begins: Prosecutors have a tough task but also hold some trump cards
url = http://www.jsonline.com/story/index.aspx?id=411006
format =
work = Milwaukee Journal Sentinel
publisher =
pages =
page =
date = 2006-03-26
accessdate =
language =
quote =

* cite news
first = John
last = Deidrich
authorlink =
author =
coauthors =
title = Police suspected in man's beating
url = http://www.jsonline.com/story/index.aspx?id=299468
format =
work = Milwaukee Journal Sentinel
publisher =
pages =
page =
date =
accessdate =
language =
quote =

* cite news
first =
last =
authorlink =
author =
coauthors =
title = Timeline of events in Frank Jude Beating Case
url = http://www.jsonline.com/story/index.aspx?id=638820
format =
work = Milwaukee Journal Sentinel
publisher =
pages =
page =
date =
accessdate =
language =
quote =

* cite news
first =
last =
authorlink =
author = GEORGIA PABST,
coauthors = JESSE GARZA and JESSE GARZA
title = Thousands march to protest verdict
url = http://www.jsonline.com/story/index.aspx?id=417026
format =
work = Milwaukee Journal Sentinel
publisher =
pages =
page =
date = 2006-04-19
accessdate =
language =
quote =

* cite news
first =
last =
authorlink =
author = JOHN DIEDRICH
coauthors =
title = 3 ex-officers guilty
url = http://www.jsonline.com/story/index.aspx?id=638853
format =
work = Milwaukee Journal Sentinel
publisher =
pages =
page =
date = 2007-07-26
accessdate =
language =
quote =

External links

* [http://www.courttv.com/trials/jude/ CourtTV Coverage]
* [http://www.jsonline.com/archive/index.aspx?id=AH326/ Milwaukee Journal Sentinel Coverage]