Here's what we know about Milwaukee County's release of bodycam footage

Milwaukee County is playing a waiting game when it comes to reviewing policy changes that could potentially offer a recommended timeframe for when bodycam footage is released by local law enforcement to family members and the public.

A resolution on the issue was sent to the Milwaukee County Corporation Counsel in a 12 - 6 vote on Thursday. Milwaukee County Board Supervisors Ryan Clancy, Priscilla Coggs-Jones, Caroline Gómez-Tom, Steven Shea, Sequanna Taylor and County Board Chairwoman Marcelia Nicholson voted against the motion.

The indecision comes as the City of Milwaukee awaits a legal ruling on the validity of a policy change that would require police to release video footage of officer shootings and other critical incidents within 15 days. The Milwaukee County judge is expected to make a decision on March 18.

"There may be more people in this room than the authors realize that might be willing to support this or something very like this if this lawsuit piece of the puzzle resolves itself," Supervisor Shawn Rolland told supervisors. He voted lay over the resolution, preferring to wait until the release of the mid-March ruling to make a final determination.

The meeting marked another recent push by policymakers and community groups alike to see more transparency from local law enforcement, particularly the Milwaukee County Sheriff's Office, following a spate of in-custody deaths at the County Jail in the last two years.

Here's what we know so far:

What's happening at the city level?

To date, Milwaukee has no standard operating procedure dictating how police release footage of police shootings, in-custody deaths or other officer-involved incidents when someone is killed or seriously injured.

In May of last year, Milwaukee County Judge Frederick C. Rosa, temporarily blocked the city’s 15-day video release policy for police shootings and other incidents from taking effect, despite approval from the police oversight board, the Fire and Police Commission, the month prior.

The temporary injunction was granted at the request of the union representing Milwaukee’s rank-and-file police officers.

In June, a new state law removed the oversight board’s power to create policy for the Police Department, returning it to the chief of police.

What have Milwaukee County supervisors proposed?

The resolution co-authored by Clancy, Gómez-Tom and Martinez offered a two prong approach to the resolution by offering support of the City of Milwaukee Fire and Police Commission’s new video release policy as well as requesting the development of a similar policy at county level.

The resolution recommended the development of a policy for county departments, including the sheriff’s office, the Milwaukee County District Attorney's Office, Community Reintegration Center (formerly known as the House of Corrections), and the Vel R. Phillips Youth and Family Justice Center, that "are similar to the City of Milwaukee’s to foster greater public trust in County law enforcement and correctional facilities regarding departmental operations including instances that may result in deadly use of force or deaths in custody."

A research and policy analyst from the county's Comptroller's Office explained to supervisors during the county's judiciary, law enforcement and general services committee meeting on Jan. 29 that there are video release policies mandated at both the state and local levels in other states, including California, Minnesota and Chicago.

Would the Sheriff's Office have to follow a policy if approved?

If ultimately approved, the Sheriff's Office has no obligation to follow the policy change, according to corporation counsel.

"The Sheriff's Department could take the adopted resolution, crumple it up and throw it in the trash and never do anything with it at all," Milwaukee County Corporation Counsel Margaret Daun told supervisors Thursday.

Daun, however, acknowledged that there is room to negotiate in an advisory policy for the sheriff's office about what timeframe, to whom and what form (edited or unedited, for example) bodycam footage can be released.

"All of this will always be advisory," Daun reminded the county bord.

How many people have died in county custody?

Between June 2022 and August 2023, there were six in-custody deaths: Brieon Green, 21, Cilivea Thyrion, 20, Terrance Mack, 37, Octaviano Juarez-Corro, 49, Mohammed Afzal, 68, and an unnamed 58-year-old man.

During the monthslong investigations, the families of Green and Thyrion had repeatedly called on the public release of bodycam footage.

"We need the sheriff to be for it. There needs to be change," Kerrie Hirte, mother of Thyrion, told county supervisors on Jan. 29 during public comment at a committee meeting.

In March, Antonio Bonaccorso, 29, died at a hospital following a suicide attempt at the Community Reintegration Center (CRC) — formerly known as the House of Corrections.

What's the process of investigating an in-custody death?

Following an in-custody death at a county facility, an investigation is carried by an out-of-county law enforcement agency as Milwaukee County cannot legally investigate itself.

Most of the investigations into deaths at the County Jail have been referred to the Waukesha County Sheriff's Department, which will hand over its findings to the Milwaukee County District Attorney's Office.

The DA's office will complete its review of an investigation and offer a final determination about whether there was any criminal wrongdoing and if any charges need to be made.

Contact Vanessa Swales at 414-308-5881 or at vswales@gannett.com. Follow her on X @Vanessa_Swales.

This article originally appeared on Milwaukee Journal Sentinel: What to know about Milwaukee County's release of bodycam footage