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Michael Mattioli sues Fire and Police Commission over body, dashboard camera footage

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Posted at 4:17 PM, Dec 08, 2020
and last updated 2020-12-08 17:21:25-05

MILWAUKEE — Attorneys representing former Milwaukee Police Officer Michael Mattioli are suing the Fire and Police Commission over the potential release of internal records, including body and dashboard camera videos.

Mattioli has pleaded not guilty to first-degree reckless homicide charges in the death of Joel Acevedo. Prosecutors say Mattioli put Acevedo in a chokehold after an argument escalated at Mattioli's home last April. Mattioli resigned from the police department in September, after serving as an officer since 2009.

The Fire and Police Commission previously decided it was canceling a review of the incident while the Milwaukee Police Department conducted its own investigation.

On Tuesday, attorneys representing Mattioli filed a lawsuit against the Fire and Police Commission and the Milwaukee Police Department over internal records. The attorneys argue that the police department and the commission received a request for records regarding Mattioli. The department and commission then determined that the records, which consist of body-worn and dashboard camera footage, are subject to disclosure.

Mattioli's attorneys disagree, court records show. They contend that the party requesting the records did not identify themselves; nor did the request specify which footage they wished to obtain.

Instead, they argue that the release of the records would interfere with the criminal prosecution of Mattioli and deprive him of a fair trial. Mattioli's attorneys demand an order restraining the police department and the FPC from releasing records described in the Nov. 19 request.

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