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topicnews · October 18, 2024

Michael Bell, whose son was killed by police, receives a crime victim verdict

Michael Bell, whose son was killed by police, receives a crime victim verdict

A Brown County judge agreed with a state agency that Michael Bell, whose son was killed by a Kenosha police officer 20 years ago, is not a victim of a crime.

Bell and his representative, Russell Beckman, are expected to appeal the decision.

Bell has alleged there are ongoing efforts to cover up details about what happened the night his son was killed in 2004. Kenosha officials have denied those allegations. Kenosha’s then-police chief cleared his officers of wrongdoing three days after the shooting, and none of them were prosecuted.

In recent years, Bell had repeatedly sought meetings with Attorney General Josh Kaul to discuss the findings of his independent investigation into his son’s death. His ongoing efforts have uncovered inconsistencies and physical and digital evidence that contradict or refute officers’ accounts of the circumstances surrounding the shooting.

Bell claimed the lack of response from Kaul and other Wisconsin Department of Justice officials was a violation of his constitutional rights as a crime victim.

In the complaint to the Wisconsin Crime Victim Rights Board, Bell and Beckman cited perjury and misconduct in office, among other things, as justification for Bell becoming a victim of crime himself, separate from the shooting.

A year ago, the Crime Victim Rights Board ruled that these allegations were not crimes that “conferred” Bell with victim status. Instead, the alleged conduct was directed at the government and its administration and not at any individual, the board wrote.

“While in practical terms the complainant is affected by the alleged conduct, in law he is not a victim of it,” the board said in its letter. “Therefore, the Chamber sees no probable cause that there was a violation of the rights of victims of a crime.”

Beckman sought judicial review of the decision, and this month District Court Judge Timothy A. Hinkfuss agreed with the panel that Bell did not meet the legal definition of a victim under the state constitution.

“I am concerned not only for Michael Bell, but for all Wisconsin citizens who are unfortunate enough to be harmed by the criminal actions of public employees because they are not considered crime victims under the Wisconsin Constitution,” Beckham said on Thursday in an interview. “That’s why I’m so aggressive in pursuing this.”

The judge also said Beckman failed to serve a notice seeking judicial review within the time required by law.

Beckman had argued that the form explaining how to appeal the panel’s decision was confusing – noting that the Wisconsin Department of Justice quickly processed the form after he complained about it – but the judge said the law outlining the requirements was correctly cited on the form.

Beckman has filed a motion to correct the record, saying the judge did not accurately quote the original instructions form.

“I believe it is reasonable for me or any other citizen to be able to rely on the accuracy of a form of instructions created by the government,” Beckman told the Journal Sentinel.

The Wisconsin Department of Justice declined to comment Thursday on the judge’s decision.

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