A Milwaukee police detective is accused of beating a handcuffed suspect while a camera was rolling, but court records show that prosecutors don't want to give the video to the suspect's defense attorney.
The recording shows Detective Rodolfo Gomez Jr. punching Deron Darnell Love several times, the Milwaukee Journal Sentinel reported Saturday. The police department has asked the district attorney's office to file criminal charges against Gomez over the Aug. 14 incident.
Lt. Mark Stanmeyer said Gomez has been on desk duty since shortly after the incident.
Chief Deputy District Attorney Kent Lovern said the case is still under review and he anticipates a decision will be made "in the very near future."
Love has pleaded not guilty to two felony charges in the death of his baby son.
Although Gomez has been stripped of his police powers, he remains on the payroll and would be allowed to testify if called as a prosecution witness in cases he has investigated, Stanmeyer said.
That's why Love's lawyer, Jane H. Christopherson, filed a motion to force prosecutors to turn over the video, as well as records of the internal affairs case and criminal case against Gomez. She also asked for copies of previous misconduct investigations involving Gomez.
"To effectively prepare for any testimony of Detective Gomez, the defense must have the available evidence to evaluate his credibility," Christopherson wrote.
Prosecutors argued in their response that they don't plan to call Gomez to testify in Love's case, so the details of the internal investigation and the video are irrelevant.
"Detective Gomez had a limited role in the investigation, and as the state is not calling him, his credibility will not be an issue that would affect guilt or innocence," Assistant District Attorney Grant Huebner wrote.
Circuit Judge Jeffrey Wagner has scheduled a hearing on the motion for next month.