Wisconsin board claims government is the true victim of police misconduct

For years, Michael Bell Sr. has held the belief that his family was victimized by Kenosha police officers. First, his son was killed in 2004, and he alleges that there was a subsequent cover-up to conceal the truth about what really happened.

Bell started off by believing the police’s version of events regarding the shooting. However, as time went on, he grew more doubtful and eventually furious. He channeled his anger into action by taking legal action against the city of Kenosha, its police department, and the four officers involved.

This resulted in a significant settlement of $1.75 million. Additionally, Bell played a crucial role in advocating for the passing of a state law that prevents police departments from conducting internal investigations.

But the Kenosha department has not admitted any wrongdoing or provided a satisfactory explanation, according to Bell, regarding how his son was shot.

In 2022, following the recommendation of the governor’s office, he submitted a claim to the Wisconsin Crime Victims Rights Board. His claim asserts that he has been subjected to an ongoing official cover-up regarding his son’s murder.

The Wisconsin Crime Victims Rights Board, consisting of five members, has the authority to issue public or private reprimands to public employees who infringe upon the rights of crime victims.

According to the decision, the alleged conduct is directed towards the government and its administration, rather than individual persons. The decision, however, did not provide details regarding how the state was affected by this behavior.

Lenore Anderson, a former prosecutor and the author of “In Their Names: The Untold Story of Victims’ Rights, Mass Incarceration, and the Future of Public Safety,” expressed her strong disapproval of the ruling, stating that it goes against the very essence of victims’ rights.

She found it unprecedented that the government was being labeled as a crime victim.

According to Mariam El-menshawi, a professor at the University of the Pacific McGeorge School of Law specializing in victims’ rights, it is uncommon for crime victims to appeal alleged violations. The lack of resources often prevents them from taking such action.

Crime victims are typically granted access to the criminal process through laws, although they do not have control over prosecutorial decisions.

The Kenosha police, as well as Kenosha’s current district attorney and the state attorney general, declined to comment on this story.

According to him, the young man was driving under the influence of alcohol, and when the officers instructed him, he refused to obey and instead engaged in a physical altercation.

The report details a life-or-death struggle over the officer’s firearm, with Bell attempting to draw the weapon while the officer fought to keep it secured in the holster.

The prosecutor concluded that the police were afraid for their lives. Retired lieutenant colonel Bell Sr., who flew planes in three wars, initially placed his trust in the judgment of the law enforcement agencies.

After serving in the Air Force for 24 years and being a staunch supporter of law enforcement, he encountered a significant obstacle that shattered his belief in the system.

He refers to it as a “blue wall of lies and cover-up.” He admitted, “I was such a strong advocate for those in uniform that I couldn’t fathom the idea that someone wearing a uniform could act in such a manner.”

Bell initially doubted the accounts of his daughter and Michael’s mother, who witnessed their son’s tragic demise. However, after undergoing several months of family counseling, Bell began to question the credibility of the police.

He expressed, “As they provided a detailed account of what they witnessed, I could ascertain that they were not fabricating the story.”

According to the police, there was a strenuous struggle over the gun; however, tests revealed no presence of Bell’s DNA on the weapon.

Bell emphasized the urgent importance of de-escalation tactics in life and death situations. According to him, the key to preserving life lies in the officer’s ability to intervene and prevent lethal force.

Instead of resorting to violence, officers should focus on moving their hands and ensuring the safety of both themselves and the suspect.

After this inconsistency was revealed in sworn pretrial testimony, the police formulated alternate scenarios to align with the bullet wound, eventually proposing a third scenario.

In both scenarios, the shooter remained positioned at the front of the car. However, the medical examiner who conducted the autopsy dismissed these scenarios as “forensically impossible.”

In 2010, the city of Kenosha reached a settlement in the case, agreeing to pay $1.75 million. Bell took this money and used it to fuel his activism efforts. He invested in billboards and purchased full-page advertisements in The New York Times.

One of his notable achievements was advocating for a law in 2014 that prohibited police from investigating themselves. Earlier this year, in February, he made an offer to donate $200,000 to a Kenosha charity on the condition that an independent ballistics expert could examine the bullet.

However, he withdrew this offer on September 16 after the city declined. Additionally, Bell played a role in sponsoring a conference that argued for treating police shootings similarly to how the National Transportation Safety Board investigates plane crashes. The goal was to gather factual information and prevent future shootings.

After the settlement, Bell formed an unexpected alliance with Retired Detective Russell Beckman, a seasoned veteran who had dedicated 28 years of his life to the Kenosha Police.

In a surprising turn of events, Beckman reached out to Bell, expressing his belief that the police were behaving questionably. He went on to offer his voluntary assistance in any way possible to support Bell’s cause.

In 2012, Beckman presented convincing evidence challenging the claim that Bell Jr. had grabbed the officer’s gun. The absence of Bell’s DNA on the gun was a significant factor.

However, the pivotal piece of evidence was the broken and dangling driver’s side mirror, which Beckman argued had caused the officer’s holstered gun to become entangled, pulling his gun belt towards the front of his body.

During a recent interview, Jambois, the former prosecutor, pointed out that the mirror could be the reason behind the officer’s outcry that young Bell had his gun.

According to Jambois, Michael Bell Sr. may indeed perceive himself as a victim. “I can’t help but empathize with a man who has lost his son,” he remarked. “I can truly comprehend the immense sorrow and anger he must feel.”

In November, it will be the 20th anniversary of his son’s shooting. Bell never imagined that he would spend twenty years in his quest for justice, all the while witnessing what he believes to be law enforcement investigating itself.

According to Bell, the main focus is on self-protection. He compares the relationship between NFL team owners and referees, stating that they are all working together towards the same goal.

In July, a trial judge heard arguments regarding Bell’s appeal of the Crime Victims Rights Board decision. The judge acknowledged that regardless of his ruling, the case and the issue of determining the true victim are expected to be taken to the state court of appeals and subsequently to the Wisconsin Supreme Court.

“I am not the final word,” he stated.

Source: Newsbreak

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