MILWAUKEE — A jury heard opening statements Monday in the homicide trial of former Milwaukee Police officer Michael Mattioli.
Neither the state nor the defense dispute that there was a fight between Mattioli and Joel Acevedo on the morning of April, 19, 2020. But they disagree on what ultimately caused his death.
Mattioli faces one count of first-degree reckless homicide in death of Acevedo.
According to prosecutors, Acevedo was at a party at Mattioli’s home. Court records show Mattioli told police he woke up the next morning and found Acevedo going through his pants pockets.
Then, after an argument, Mattioli restrained Acevedo for several minutes, according to prosecutors. Acevedo died six days later in the hospital.
"Lack of oxygen to the brain. What caused the lack of oxygen to the brain? Traumatic chest compression. Mr. Mattioli lying on top, preventing Mr. Acevedo from breathing," said District Attorney Paul Tiffen during opening statements.
The defense, in court Monday, said there's far more to the story.
"The evidence is going to show that when he had to act, he did nothing but hold Mr. Acevedo down until help arrived," said Craig Powell, defense attorney.
Powell, in his opening statement, described an erratic Joel Acevedo, saying he'd been up all night doing hard drugs.
And after the trouble started the morning after the party, Powell said, Acevedo punched another friend in the face who'd also stayed the night.
The defense also claims Acevedo had a history of medical issues, including chronic asthma.
"[Mattioli] did not know that, in essence, Mr. Acevedo was a ticking medical time bomb that morning. The tragedy ensued, and here we are today. So, Mr. Acevedo's death was tragic, but it was not a crime," said Powell.
Mattioli appeared in court Monday wearing a black suit. He's been out on bail since April of 2020 after posting $50,000.
Circuit Judge David Swanson began the day with jury selection and a pool of 50 jurors. Swanson asked a range of questions to narrow the pool, including whether jurors knew anyone in the case, knew any witnesses, or came to court with a strong opinion or bias (based on media reports) that would lead them to be impartial.
Eight jurors were dismissed following questions from the judge.
Both the state and defense followed with questions of their own. The state asked jurors if they know anyone who's been the victim of a homicide, or, if anyone has had any experience with law enforcement — good or bad — that would keep them from being fair on a jury panel. No one said their impartiality would be impacted.
The defense also asked about experience with law enforcement — including any traumatic experience — that may impact impartiality. No one among the pool raised their hands.
Later, the state and defense made their strikes and a panel of 14 jurors was selected — nine women and five men.
Mattioli's defense team said they expect the trial to last a week. Mattioli faces 40 years in prison and an additional 20 years supervised release if convicted.
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