» Police shooting:
A judge denies a request to delay jury selection in the trial of the ex-Milwaukee officer charged in the fatal shooting of Sylville Smith.
Fatal shooting sparked Sherman Park unrest
A judge denied a request to delay jury selection in the opening of the trial Monday for the former Milwaukee police officer charged in the fatal shooting of Sylville Smith, the incident that touched off two days of violent unrest in Milwaukee’s Sherman Park neighborhood last August.
Attorneys for Dominique Heaggan-Brown argued that a deputy-involved shooting along the Milwaukee lakefront Sunday evening could taint the jury pool. They instead pushed for the court to select jurors in August.
Lawyer Steven R. Kohn cited the plethora of social media available to potential jurors, comparing it to a similar burst of attention after the Sherman Park shooting.
“We believe it would be wiser to wait until such time that the facts come out,” Kohn said.
Milwaukee County Circuit Judge Jeffrey Conen denied the request, siding with prosecutors who pointed to the court’s already extensive efforts in facilitating the start of a fair trial.
“I cannot in good conscience say, ‘Let’s wait and see if things get better,’ ” Conen said.
Conen told the story of a trial he presided over in the week following the Sept. 11, 2001, terrorist attacks.
That case involved a grocery store owner of Arab descent. Conen said concerns had arisen regarding backlash against the Arab community, but the court had succeeded in selecting a fair and impartial jury. The defendant in that case was acquitted, he said.
“The court decided we were not going to be held hostage by news that goes on everywhere,” the judge said.
“It renews faith in my mind — juries can put aside prejudices and make decisions based on the evidence and evidence alone.”
The courtroom attendance was sparse Monday morning, with only a handful of spectators. Heaggan-Brown appeared subdued, in a yellow shirt and paisley blue tie.
The court aims to have jurors selected Tuesday. The trial features extraordinary security. After passing through metal detectors to enter the building, everyone must pass through a second unit outside the courtroom.
Conen has ordered that no one, including news reporters, can bring a cellphone or computer into the courtroom, even if the devices are turned off. He has also ordered no news media interviews be allowed anywhere in the Safety Building and banned any placards or signs from the courtroom.
Spectators were warned against standing or making any kind of gesture or reaction to testimony. If they do, they could be removed.
The first panel of 60 potential jurors didn’t enter the courtroom until about 3:30 p.m. after filling out a questionnaire. The jury will be sequestered throughout the trial, and Conen ordered that the location not be disclosed by the lawyers or news media.
Heaggan-Brown is only the second Milwaukee officer charged in an on-duty death since 1958. According to the complaint, Smith had thrown a gun over a fence and was unarmed when Heaggan-Brown shot him.
If convicted of first-degree reckless homicide, Heaggan-Brown faces a maximum penalty of 40 years in prison and another 20 on extended supervision
. He has been in jail since October, when he was charged in a sexual assault case. As a result of those charges, he was fired from the Police Department.
In that case, which will be heard separately from the homicide case, Heaggan-Brown faces two counts of felony second-degree sexual assault and two counts of misdemeanor prostitution.
He also is charged with one felony count of possessing or distributing a recording of nudity without consent.