Mensah to ‘plead the 5th’ if forced to testify in new hearing on deadly shooting – WISN Milwaukee

The former Wauwatosa police officer, who Milwaukee County District Attorney John Chisholm chose not to file criminal charges against in three deadly on-the-job shootings, plans to invoke his Fifth Amendment right if ordered to testify in a hearing where the family of one of the men killed is asking a judge to independently file charges.Joseph Mensah is one of 10 witnesses who potentially could be called to testify in a John Doe hearing, according to records filed in Milwaukee County Circuit Court.The hearing, which started Thursday, is a new attempt by the family of Jay Anderson Jr. to seek criminal charges against Mensah for the 2016 shooting which claimed Anderson's life. Anderson was one of three people Mensah killed in a five year period.Anderson, 25, was asleep in a car at Madison Park June 23, 2016, when Mensah, who was on patrol, stopped to investigate what he said was a suspicious vehicle. Mensah later told investigators he opened fire after Anderson ignored commands to not reach for a gun which was on the passenger's seat. Wauwatosa police officers did not have body cameras at the time. An independent investigator determined Mensah activated his squad car camera system after shooting Anderson. The camera, as designed, automatically went back and recorded the previous 28 seconds. It captured the shooting but is also designed to not include audio in the rollback.Chisholm relied on the video in his decision to not pursue criminal charges against Mensah. Chisholm also declined charges in the shootings of Antonio Gonzales 11 months before Anderson was killed, and Alvin Cole in 2020.If a district attorney "refuses or is unavailable to issue a complaint," Wisconsin statute allows a circuit judge to hold John Doe hearings to determine if there is probable cause to believe a person has committed a crime. The judge can then allow a criminal complaint to be filed.Mensah, who is now a Waukesha County deputy, and his former chief, Barry Weber, were served with subpoenas on Feb. 11 to testify in the John Doe hearing, according to briefs filed by lawyers representing the two law enforcement members.The lawyers want Judge Glenn Yamahiro to throw out the subpoenas, claiming they were improperly issued. Jonathan Cermele, who represents Mensah, argued his client would be unable to provide "any relevant material evidence related to this investigation.""Petitioner has made it crystal clear that Deputy Mensah is the 'target' of this action, and that she believes this Court should issue criminal charges against Deputy Mensah with regard to his use of deadly force in 2016," attorney Jonathan Cermele wrote to the court on Mensah's behalf, adding, "Deputy Mensah will therefore invoke his right to remain silent under the Fifth Amendment to the United States Constitution."Cermele also referenced Chisholm's decision in the Anderson shooting and said a February 2017 conclusion by the U.S. Attorney for the Eastern District of Wisconsin a later review by special investigator agreed with the district attorney."Petitioner may not like it, but the issue as to whether Deputy Mensahs actions in this incident rose to the level of a crime has been decided. Not once. Not twice. But three times," Cermele wrote.Weber's attorney, Patrick Knight, included a copy of the subpoena issued to his client. It required Weber to bring "any police reports regarding your interviews with investigators as it relates to the Jay Anderson, Jr. shooting on June 23, 2016."Knight argued, since the Anderson shooting was investigated by an outside agency per state law Weber could not give relevant evidence to help Yamahiro determine whether Mensah should be charged."I was not interviewed by law enforcement as part of the investigation into the Officer Involved Death," Weber said in a signed affidavit a week after receiving the subpoena. "The Wauwatosa Police Department and I have no 'police reports regarding your interviews with investigators as it relates to the Jay Anderson, Jr. shooting on June 23, 2016' and to my knowledge, none exist with other law enforcement agencies."The court Thursday heard from Anderson's family attorney, Kimberley Motley, and three witnesses.It was the first time testimony or evidence in any of Mensah's shootings was delivered in open court.The judge said the hearing will reconvene March 12.

The former Wauwatosa police officer, who Milwaukee County District Attorney John Chisholm chose not to file criminal charges against in three deadly on-the-job shootings, plans to invoke his Fifth Amendment right if ordered to testify in a hearing where the family of one of the men killed is asking a judge to independently file charges.

Joseph Mensah is one of 10 witnesses who potentially could be called to testify in a John Doe hearing, according to records filed in Milwaukee County Circuit Court.

The hearing, which started Thursday, is a new attempt by the family of Jay Anderson Jr. to seek criminal charges against Mensah for the 2016 shooting which claimed Anderson's life.

Anderson was one of three people Mensah killed in a five year period.

Anderson, 25, was asleep in a car at Madison Park June 23, 2016, when Mensah, who was on patrol, stopped to investigate what he said was a suspicious vehicle.

Mensah later told investigators he opened fire after Anderson ignored commands to not reach for a gun which was on the passenger's seat.

Wauwatosa police officers did not have body cameras at the time.

An independent investigator determined Mensah activated his squad car camera system after shooting Anderson.

The camera, as designed, automatically went back and recorded the previous 28 seconds.

It captured the shooting but is also designed to not include audio in the rollback.

Chisholm relied on the video in his decision to not pursue criminal charges against Mensah.

Chisholm also declined charges in the shootings of Antonio Gonzales 11 months before Anderson was killed, and Alvin Cole in 2020.

If a district attorney "refuses or is unavailable to issue a complaint," Wisconsin statute allows a circuit judge to hold John Doe hearings to determine if there is probable cause to believe a person has committed a crime.

The judge can then allow a criminal complaint to be filed.

Mensah, who is now a Waukesha County deputy, and his former chief, Barry Weber, were served with subpoenas on Feb. 11 to testify in the John Doe hearing, according to briefs filed by lawyers representing the two law enforcement members.

The lawyers want Judge Glenn Yamahiro to throw out the subpoenas, claiming they were improperly issued.

Jonathan Cermele, who represents Mensah, argued his client would be unable to provide "any relevant material evidence related to this investigation."

"Petitioner has made it crystal clear that Deputy Mensah is the 'target' of this action, and that she believes this Court should issue criminal charges against Deputy Mensah with regard to his use of deadly force in 2016," attorney Jonathan Cermele wrote to the court on Mensah's behalf, adding, "Deputy Mensah will therefore invoke his right to remain silent under the Fifth Amendment to the United States Constitution."

Cermele also referenced Chisholm's decision in the Anderson shooting and said a February 2017 conclusion by the U.S. Attorney for the Eastern District of Wisconsin a later review by special investigator agreed with the district attorney.

"Petitioner may not like it, but the issue as to whether Deputy Mensahs actions in this incident rose to the level of a crime has been decided. Not once. Not twice. But three times," Cermele wrote.

Weber's attorney, Patrick Knight, included a copy of the subpoena issued to his client. It required Weber to bring "any police reports regarding your interviews with investigators as it relates to the Jay Anderson, Jr. shooting on June 23, 2016."

Knight argued, since the Anderson shooting was investigated by an outside agency per state law Weber could not give relevant evidence to help Yamahiro determine whether Mensah should be charged.

"I was not interviewed by law enforcement as part of the investigation into the Officer Involved Death," Weber said in a signed affidavit a week after receiving the subpoena. "The Wauwatosa Police Department and I have no 'police reports regarding your interviews with investigators as it relates to the Jay Anderson, Jr. shooting on June 23, 2016' and to my knowledge, none exist with other law enforcement agencies."

The court Thursday heard from Anderson's family attorney, Kimberley Motley, and three witnesses.

It was the first time testimony or evidence in any of Mensah's shootings was delivered in open court.

The judge said the hearing will reconvene March 12.

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Mensah to 'plead the 5th' if forced to testify in new hearing on deadly shooting - WISN Milwaukee