Witness/Victim Intimidation in Milwaukee

In the public court system, some who face trial are waiting at home or are allowed bail to be free around Milwaukee. A severe backlog in trials and felony cases in recent years has resulted in rescheduling trial dates that affect the public.

For example, during COVID, there was a shift in the courts because of public health concerns.

In December 2022, there were 5,056 pending cases in Milwaukee County, 59.8% higher than before the pandemic. They “had yet to be meaningfully reduced as of the end of last year” and the felony backlog was described as “formidable.” The numbers come from a report by the Wisconsin Policy Forum.

The backlogs also raise questions about speedy trial rights for defendants.

Kent Lovern, the Chief Deputy District Attorney in Milwaukee granted an interview via phone call. He will be moving to District Attorney in January.  He acknowledged that court backlogs cause serious issues in Milwaukee.

“Backlogs of serious cases severely impact scheduling and anxiety for victims involved in cases,” Lovern told Media Milwaukee. “It can create a greater risk of intimidation and other factors that come into play.” 

Homicide in particular skyrocketed in the wake of the pandemic, according to data from Milwaukee police. People lost jobs and suffered financial hardship.

Victim and witness intimidation can play a role in some missing person cases that end up being investigated as homicides. In at least one of the cases investigated by a team of student journalists, the father told police he believed his daughter was murdered because she had witnessed a homicide, although that was years ago and remains unproven.

Witness/victim intimidation is defined as discouraging people by using force or dissuading someone from giving testimony in a trial.

Some of the issues in missing person cases are also related to domestic violence. Both domestic violence and human trafficking are serious issues in Milwaukee, the new DA says.

“Abusive relationships force many into moving throughout the country,” Lovern said. “It can also lead to human trafficking.” 

Drug trafficking organizations are also a part of some missing person cases because they can influence people to try and use a drug, potentially getting them addicted. Drug use increased throughout COVID, according to the National Library of Medicine.  

“The top priority for me after I enter the District Attorney’s office would be public safety,” Loven said. “Coming off a high level of violent crimes, making sure that the system is fair to those who commit crimes alongside victims who would like closure for some crimes.” 

Witness/victim rights are possible in Wisconsin because of the state’s legislation chapter 950, which allows for people to submit claims about a crime and to be heard by the police.

“The predominant reason why we have a massive spike in crime now is disrespect for others,” Lovern reflects. 

In chapter 940, subsection 49, labeled “Pretrial Release,” a person cannot be involved in witness/victim intimidation, and can be convicted of participating in it. This could force them back into custody with a new charge of intimidation. 

The last time, Milwaukee had a massive crime spike was during the 1990s, with crack cocaine being a driver of that surge. 

The percentage of Black victims increased from 23% in 1984 to 55% in 1990, according to the Bureau of Justice Statistics. 

---

This story is part of a semester-long investigative reporting project into missing people’s cases in Milwaukee and Wisconsin. It was created by an advanced reporting class in the Journalism, Advertising, and Media Studies program at UW-Milwaukee. Other stories from the project are available here.