Public defenders question why 2 officers deemed 'not credible' in criminal case aren’t on Brady list
Mar 27, 2025
Public defenders and a former defendant want to know why two Milwaukee police officers are not on the Brady list despite being deemed not credible in a criminal case by a Milwaukee County judge.The Brady list tracks officers wit
h alleged credibility concerns due to accusations of past crimes, dishonesty, bias or other integrity issues."I feel like {there] still needs to be justice towards them officers, said former defendant Lewis Moore. Why would you want to destroy a whole other family? Youre supposed to be here to serve and protect."Its a night Moore will never forget. Moore said he was driving his girlfriends car on March 3, 2019, near Teutonia and Capitol. According to the criminal complaint, Milwaukee police officers Chad Boyack and Anthony Milone pulled Moore over for allegedly driving double the speed limit."Just step out real quick, Officer Boyack said during the traffic stop. Did I do anything wrong, sir? Moore asked. "Well, you were flying, man, Officer Boyack replied. "They told me I was doing 60 in a 30, Moore said. That's the reason they was stopping me, and I did try to argue with them like, Officer, I know for a fact I was not doing no 60 miles per hour.Body camera video obtained by TMJ4 showed Moore was asked to get out of the car. He was then patted down and put in the back of a squad without an explanation at the time.While in the back of the squad, Moore told Officer Milone his girlfriends gun might be in the car."Officer, my girlfriend, she's CCW, he said."So theres a gun in the car?" Officer Milone asked."I don't know if she either {has} it in the car, Moore replied. I could call her right now."Watch: Public defenders question why 2 officers deemed 'not credible' in criminal case arent on Brady list Public defenders question why 2 officers deemed 'not credible' in criminal case arent on Brady listAt the same time, body camera video showed Officer Boyack searching Moores car.Do you think they had probable cause to search the vehicle? TMJ4 Lighthouse reporter Ben Jordan asked."I dont, replied public defender Caitlin Hazard Firer. They pulled Mr. Moore over for speeding. In my experience when I've been stopped, I've never been put in the back of a squad car for speeding." Body camera video showed Officer Boyack locating a handgun in the center console."Do you know what I'm getting arrested for? Moore asked. Oh, for being a felon and having a gun in the car, Officer Boyack replied. "Wait, officer, it's not my gun, Moore said.Police records showed officers spoke with Moores girlfriend who told them the gun was hers. The police report said she told officers she leaves it in her car to "keep the gun away from her children."Moore was charged with possession of a firearm by a felon and he was sent to jail."He was on probation, very close to finishing his probation and because of this arrest he was revoked and went to prison, Hazard Firer said.As the case made its way through the court process, court records showed the judge identified "inconsistencies" with the officers testimony. The judge said there was "no independent evidence" inside the squad that showed Moore was speeding.No radar gun was used. The only evidence of speeding was the squad speedometer which briefly showed the officers drove two miles over the limit to catch up to Moore. "If he were going 60 miles an hour, those officers would not have had to go 32 miles an hour, Hazard Firer said.Additionally, the judge determined the officers provided conflicting testimony about their probable cause to search the car. Body camera video showed Officer Boyack explaining to Moore why he searched the vehicle as they were driving to the police district station."Oh, I could smell marijuana in there and I could see some marijuana on the floor as well, Officer Boyack said.Documents showed Officer Boyack found .03 grams of marijuana in the car, an amount court records show Officer Milone described to be the size of "only a few" grains of rice. According to a transcript of Officer Boyacks testimony in court, he said he never saw any marijuana in the vehicle before searching it.Officer Milone told a judge he didnt see or smell marijuana when he approached the vehicle with the window down."The truth is slowly coming out now, Moore said.Court documents show the judge suppressed the evidence, tossed the case and said, I don't find these officers credible in this case.""There {are} people that really need y'all help and really pressing 911 for a reason, for emergencies, and you officers stop me and pull me over for doing 32 miles, Moore said.Officers Boyack and Milone are not on the Brady list.Do you think thats Brady material? Jordan asked.Absolutely, Hazard Firer replied.Why is that? Jordan asked.Because Judge Yamahiro made an affirmative finding that he did not find the officers' testimony to be credible, Hazard Firer said.During TMJ4s interview with Milwaukee Countys top criminal justice leaders, District Attorney Kent Lovern said that isnt Brady material.D.A. Lovern, one of your prosecutors was in the courtroom at the time, did they bring this credibility issue to your attention? Jordan asked.No, D.A. Lovern replied. Why not, Jordan asked.Because credibility determinations are made all the time in courtrooms in specific issues related to a specific set of circumstances related to a traffic stop for example as we have here, and that doesn't necessarily mean that that officer then, one or two of the officers, were dishonest about their testimony, D.A. Lovern explained. Chief Judge Carl Ashley agreed with the district attorney."I believe in this case the judge said I don't find the testimony of the officers to be credible, and we do that all the time, Chief Judge Ashley said. Hazard Firer said that hasnt been her experience.I would like to see them, she said. "This is the only decisionin May it will be 21 years of practicewhere I have had a judge make an adverse credibility finding.TMJ4 took the case to the leaders of Milwaukee Countys Public Defenders Office."If one judge found them not credible and that what they were saying was untruthful, that should be something that should be disclosed to us in the future on our cases, Angel Johnson said. Rachel Moran is a professor at the University of St. Thomas in Minnesota. Shes studied Brady list material across the country."That's almost the most classic form of Brady material, is evidence that an officer has engaged in deception and that a judge concluded the officer isn't credible, she said.Police records show officers Boyack and Milone were never disciplined for being found not credible in this case. Milwaukee Police Chief Jeffrey Norman said it wasnt brought to the departments attention.Officers Boyack and Milone never responded to TMJ4s interview requests. The Milwaukee Police Department declined a request to make them available for an interview."I believe 100 percent sure these officersboth Boyack and Miloneshould be on that Brady list, Moore said.Moore thinks this situation raises serious questions about the completeness of Milwaukee Countys Brady list and whether credibility concerns in court are investigated.Its about time to watch on your time. 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