Thursday, February 6, 2025
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Thursday, February 6, 2025

Milwaukee Press Club 'Excellence in Wisconsin Journalism' 2020 & 2021 Award Winners

14 Key Facts to Remember About Judge Yamahiro’s Outrageous Mensah Decision

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Milwaukee County Judge Yamahiro, in an unprecedented decision, has outrageously found probable cause that former Wauwatosa police officer Joseph Mensah committed homicide in the five-year-old death of Jay Anderson Jr.

Judge Yamahiro will appoint a special prosecutor to consider whether to bring a homicide charge using a little-known provision in John Doe laws. Remember that any charges would need to be proven beyond a reasonable doubt before a jury. That’s a higher standard than probable cause.

We don’t think the media will tell you all of these facts, but they are important to remember. Here are 14 key facts that are important to remember about Judge Yamahiro’s outrageous decision:

Judge Yamahiro Key Facts

1. Judge Yamahiro has a significant alleged conflict of interest. His ex-wife and the mother of his child, Deja Vishny, assisted in representing the Anderson family and has worked side-by-side for months with attorney Kimberley Motley, calling for criminal charges against Mensah. See our previous story exploring the conflict of interest question in depth here. How close are the pair? “Best partner EVER!!” Motley, who asked Yamahiro to charge Mensah and handled the case in court, declared about Vishny, a former Milwaukee public defender.

Judge yamahiro

2. Judge Yamahiro is a former public defender who was appointed by liberal Governor Jim Doyle to the bench.

Judge yamahiro

2. Mensah was cleared by multiple reviews, one dating back FIVE YEARS. In 2016, John Chisholm, the DA, “told Anderson’s family that Mensah’s actions were justified self-defense when he saw Anderson’s hands drop during their interaction,” the Milwaukee Journal Sentinel reported in 2016. In 2020, former US Attorney Steve Biskupic, acting as an independent investigator, found that there was insufficient evidence to find that Mensah violated the law in Anderson’s death. Federal prosecutors declined to charge Mensah after yet another review.

3. Mensah’s lawyer didn’t get to present any evidence or cross-examine any witnesses at the Judge Yamahiro hearing due to how John Doe laws work. Any citizen – in this case Anderson’s family via Motley – can petition a judge to consider charges that a DA won’t issue. However, the Chicago Tribune previously reported that the provision is so rare it’s used once or twice a decade.

4. Mensah did not testify at the Judge Yamahiro hearing.

5. Mensah’s lawyer did not get to present his own experts at the Judge Yamahiro hearing.

6. The evidence the judge heard was crafted and presented by Kimberley Motley, attorney for the Anderson family. Thus, it was a completely one-sided presentation.

7. Anderson possessed a firearm, a Ruger model SR9c, 9mm, semi-automatic pistol, according to Biskupic’s report. His loaded firearm was on the front passenger seat next to him when Mensah shot him.

8. Anderson had a prior misdemeanor conviction for possession of a firearm while intoxicated. That night Anderson consumed brandy and smoked marijuana with a friend, who suggested that Anderson go home. His blood-alcohol level several hours after leaving a bar was still 0.11, according to Biskupic’s report. He entered the park at 1:37 a.m. He likely smoked more marijuana (the car was still filled with marijuana odor when examined by police officers an hour and a half later, and a very small amount of marijuana residue was in a paper fold in Anderson’s pocket.)

9. Mensah’s personnel file contains only one disciplinary incident, a letter of reprimand for negligently causing a minor collision. His file contains 14 pages of commendations from citizens and other police departments.

10. Mensah said he gave Anderson repeated orders not to reach for the gun. Anderson initially complied and placed his hands in the air about chest or shoulder height. “However he suddenly reached toward the seat with his right hand while looking at the weapon (on the seat.) Mensah stated he immediately moved his weapon to the high ready position and ordered hands up and radioed he has a gun! Step it up! The driver placed both hands in the air stating, ‘What? There’s nothing there! It’s nothing!” That’s according to Biskupic’s report, citing Mensah’s account to investigators.

Mensah said, “I see the gun! Don’t reach for it!” The driver again reached toward the front passenger seat. Mensah ordered, “Stop reaching for the weapon!” The driver pulled back and said, “It’s nothing.” Mensah said the driver made at least four separate movements with his right arm toward the front passenger seat. Each time Mensah ordered him to stop and the driver returned both of his hands into the air.

Mensah stated the last time the driver made a movement, instead of just his right arm moving toward the gun on the seat, his whole body lunged toward it. Mensah yelled, “Keep your hands up,” but the driver did not comply and Mensah discharged his weapon 3-4 times, Mensah told investigators. He felt exposed because he was in an open parking lot without any cover. He said he discharged his weapon because he knew the firearm was on the passenger front seat of the vehicle. He stated he ordered and pleaded with the driver numerous times to not reach for the weapon. He shot because the driver reached for the weapon and he believed the driver was going to use it against him. Officers have a right under Wisconsin law to use lethal force if they reasonably believe that their life or that of another was in imminent danger.

11. Video documented that Anderson made a movement in the car right before Mensah fired. A squad video shows Mensah standing outside the passenger door with his right arm extended. Anderson is sitting in the driver seat and his right arm can be observed in the air. The driver was moving around with both hands in the air. Then, the driver’s right hand was moving side to side. Then movement by the driver is observed and the right hand can be seen extending toward the passenger front seat. The right hand dropped from view. That’s all according to the Biskupic report. Does that provide reasonable doubt?

12. William Harmening, the Jay Anderson family “expert” whose testimony against Mensah was cited repeatedly by Yamahiro as a foundation for his decision, was rejected as an expert in another police shooting case because a federal judge believed he “lacked the needed expertise” in key areas. In addition, Wisconsin Right Now found that the professor – who told a judge that Mensah’s use of force was not “reasonable” – was previously accused of presenting a conclusion against a police officer that was “riddled with errors.” Harmening’s expert testimony was limited in other cases, and another judge raised questions about some of his findings. In a Fresno case, he was accused of injecting “mere speculation and conjecture” into his testimony. Read our story on Harmening here.

13. Waukesha County Sheriff Eric Severson, who hired Mensah as a sheriff’s deputy, said he did a careful and exhaustive review of the past shootings: “The reality is that there is no evidence to lead anyone to credibly believe some kind of linkage between any one of these (Mensah’s) deadly force situations other than the persons involved chose to arm themselves with deadly weapons and refused lawful orders by police and turned those weapons toward others,” said Severson. Of Anderson he said, “In his (Biskupic’s) own words, the guy was legally intoxicated and in possession of a firearm; that in and of itself is a crime. He was repeatedly being told, ‘Do not pick up that gun.’ He did it anyway.”

14. Mensah was also cleared in two other shootings. Both of the people shot in those cases had weapons.

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Bill Would Limit Which Flags Can Fly at Wisconsin Government Buildings

(The Center Square) – A new Wisconsin bill would limit government-sponsored divisions from flying certain flags.

The bill prevents flags other than the U.S. flag, Wisconsin flag, local flags and U.S. armed forces and POW/MIA flags from being flown or hung outside any state or local institution.

The bill was introduced by a group of Republicans including Rep. Jerry L. O’Connor, R-Fond du Lac, Dave Murphy, R- Greenville, Rob Brooks, R-Saukville, Joy Goeben, R-Hobart and State Sens. Dan Feyen, R-Fond du Lac, and Cory Tomczyk, R-Mosinee.

The bill points to particular flags that have led to divisiveness including those of political movements or social causes, such as MAGA, pride, heterosexual, CSA, Second Amendment rights, BLM, ALL Lives Matter, Antifa, Pro-Life, Pro-Choice and others.

The bill doesn’t prohibit any private citizens or Native American tribes from flying any flags.

“Government should not be in the business of choosing sides, or even giving the appearance of choosing sides,” said Feyen. “This bill simply ensures that the first impression of all government buildings and institutions is neutral, offering equal treatment to all Wisconsinites.”

The lawmakers said that they were asked to act on the divisiveness by Wisconsin residents.

“Flags on government buildings are not supposed to be divisive and should not support one ideology over another,” said Sen. Tomczyk, “When the governor uses flags flown over the State Capitol and other taxpayer-funded buildings to divide the people of Wisconsin, it is shameful and frankly, embarrassing. It is time to end this nonsense.”

Illegal Border Crossings Buses Carrying Migrants Northern Border Illegal Border Crossers Immigration Parole Illegal Immigrant Convicts Biden’s Immigration Policies

Republican Bill Would Block Illegal Immigrants From Receiving Tax Breaks

Immigrants residing illegally within the U.S. could no longer receive child tax credits or tax breaks for low income earners if the Safeguarding American Workers’ Benefits Act becomes law.

Reintroduced by Sen. Cindy Hyde-Smith, R-Miss., the legislation would require both parents and children to have Social Security numbers that are valid for employment in order to claim the Child Tax Credit or the Earned Income Tax Credit.

Rep. Clay Higgins, R-La., has introduced a companion bill in the House.

The U.S. Joint Committee on Taxation estimates Hyde-Smith's legislation could save nearly $28 billion over ten years.

“I welcome President [Donald] Trump’s intent to target wasteful spending and enforce immigration laws,” Hyde-Smith said Tuesday. “The environment is certainly friendlier now to adopt legislation that saves billions of dollars and ensures that only U.S citizens and persons authorized to work can benefit from the Child Tax Credit and Earned Income Tax Credit.”

While the CTC and EITC should only go to those with SSNs valid for employment, certain loopholes allow some people who do not meet the requirements to receive the federal benefits. The bill would close those loopholes.

Only weeks into Trump’s second presidency, Republicans and the Commander in Chief have already implemented or introduced other anti-illegal immigration measures, including reinstating the Remain in Mexico policy and authorizing U.S. Immigration and Customs Enforcement to round up and deport migrants residing in the U.S.

The Safeguarding American Workers’ Benefits Act is also part of Republicans’ federal cost-cutting efforts to finance the extension of Trump’s 2017 Tax Cuts and Jobs Act, which the Congressional Budget Office estimates will cost $4.6 trillion over the next ten years.

“I will work to ensure that [the] Safeguarding American Workers’ Benefits Act is considered as part of the debate to extend and improve on the Trump tax cuts that expire this year,” Hyde-Smith said.

Riley Gaines

Nearly 80% of Americans Don’t Want Men Playing in Women’s Sports

Surveying nearly an equal number of Republicans and Democrats, a poll taken by the New York Times and polling company Ipsos showed that the majority of Americans do not want transgender-identifying men in women’s sports.

Of those surveyed, 79% answered that men “should not” compete in women’s sports when posed with the following question: “thinking about transgender female athletes – meaning athletes who were male at birth but who currently identify as female – do you think they should or should not be allowed to compete in women's sports?”

This number has increased from a 2023 The Center Square Voters' Voice Poll that reported 67% of American voters were collectively against men playing in women’s sports.

When the 2025 New York Times-Ipsos poll is broken up along political divides, 94% of Republicans, 67% of Democrats, and 64% of Independents or “something else” answered that men should not be in women’s sports.

The highest bracket that believes men should be allowed to play in women’s sports are Democrats, equaling 31%.

The results of this poll came just before President Trump declared there are only two sexes in America, male and female. The survey was taken from Jan. 2 to 11.

When reached for comment, Ipsos vice president for public affairs Mallory Newall repeated the question posed to respondents and said “we cannot speculate on what people meant or interpreted beyond the wording of the question.”

Ipsos is a global market research and polling company, according to its description in the poll document.

Men in women’s sports has become an issue in recent years, with high school girls such as Payton McNabb getting injured by a male competitor on a volleyball team and former University of Kentucky swimmer Riley Gaines becoming an activist defending women's-only sports after placing second to a transgender female swimming competitor.

The Independent Women’s Forum senior legal advisor Beth Parlato told The Center Square that “without female-only athletics, the safety of girls and women is endangered, and men will dominate the playing field, which unfairly takes away awards, opportunities, scholarships and roster spots.”

The Independent Women’s Forum (IWF) is a nonprofit women’s organization “dedicated to developing and advancing policies” that “enhance people’s freedom, opportunities, and well-being,” according to its website. IWF has taken a staunch stance against men competing in women’s sports.

“Males and females possess unique and immutable biological differences,” Parlato said. “With respect to sports, males have biological athletic advantages over females, as the average male is stronger, bigger and faster.

“Furthermore, allowing males in female-only spaces is an invasion of a women’s right to privacy and threatens women’s safety and well-being,” Parlato said.

“Defining sex-based terms in law and policy is essential to protect women’s sports and spaces,” Parlato said.

Trump’s executive order on two sexes provides “needed clarity to preserve the legal existence of women as distinct from men,” Parlato said. “Protect women’s sports bills at both the federal and state levels must be codified into law to ensure equal athletic opportunities for women and girls."

The NYT-Ipsos survey was “of the American general population” aged 18 and up, interviewing a total of 2,128 people; 1,022 of those polled were Republican/Lean Republican, 1,025 were Democrat/Lean Democrat, and 81 were Independent or “something else.”

In a vein similar to transgender-identifying men playing in women’s sports, the poll showed that the majority of Americans are not for sex changes in minors, either.

Respondents were asked “thinking about medications used for transgender care, do you think doctors should be able to prescribe puberty-blocking drugs or hormone therapy to minors between the ages of 10 and 18?”

A total of 71% of Americans do not think anyone under 18 should have access to such drugs or therapy.

Shortly after this poll, Trump signed an executive order “restricting transgender drugs and surgeries for minors,” The Center Square previously reported.

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Changing the name to Donald J. Trump International Airport from Dulles International Airport has been proposed by a freshman congressman from North Carolina.

Rep. Addison McDowell, the 31-year-old Republican from the state’s 6th Congressional District, introduced the bill Thursday along with Reps. Brian Jack, R-Ga., Riley Moore, R-W.V., Brandon Gill, R-Texas, and Guy Reschenthaler, R-Penn.

“It is only right that the two airports servicing our nation’s capital are duly honored and respected by two of the best presidents to have the honor of serving our great nation,” McDowell said.

Dulles International and Reagan National are major airports serving the District of Columbia, Maryland and Northern Virginia. The former is named for Josh Foster Dulles, secretary of state under Republican President Dwight D. Eisenhower from 1953-59. More than 26 million passengers used Dulles in the 12 months ending in November, according to the latest statistics available.

The then-$108.3 million airport, on 10,000 acres of Loudoun and Fairfax counties in Virginia, was dedicated Nov. 17, 1962. Another 830 acres were acquired 20 years ago.

Jack said the effort “to ‘cancel’ President Trump during his post-presidency” is rightly countered by the bill to “enshrine President Trump’s legacy.”

“This legislation will cement his status in our nation’s capital as our fearless commander-in-chief, extraordinary leader, and relentless champion for the American people,” Reschenthaler said in a release from McDowell’s office.

Ronald Reagan Washington National Airport, smaller in gates 113 to 58 than Dulles, is on 860 acres in Virginia. Opening in 1941 as National Airport, Democratic two-term President Bill Clinton on Feb. 6, 1998, signed the legislation authored by Sen. Paul Coverdell, R-Ga., renaming it for the nation’s 40th president.

Reagan National also checked more than 26 million passengers in the 12 months ending in November. The Metropolitan Washington Airports Authority reported 53.1 million total between the two.

New Defense Secretary Pete Hegseth Shows Changes Already in Motion

Pete Hegseth, the newly-confirmed Secretary of Defense, has indicated that changes to the military are already in motion.

Hegseth told reporters outside the Pentagon Monday that Trump will soon authorize the reinstatement of military members who were discharged for refusing to take the COVID-19 vaccine, with backpay.

He also hinted that military bases renamed under the Biden administration will revert to their original names. This includes Fort Moore and Fort Liberty, originally known as Fort Benning and Fort Bragg, the names of confederate officers.

"Our job is lethality and readiness and warfighting, and we are going to hold people accountable," Hegseth told reporters on the Pentagon's steps.

The Senate voted 51-50 late Friday to confirm Hegseth, with Vice President J.D. Vance casting the tie-breaking vote.

Former Senate Majority Leader Mitch McConnell, R-Ky., along with Sens. Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, voted no.

“Effective management of nearly 3 million military and civilian personnel, an annual budget of nearly $1 trillion, and alliances and partnerships around the world is a daily test with staggering consequences for the security of the American people and our global interests,” McConnell said Friday night. “Mr. Hegseth has failed, as yet, to demonstrate that he will pass this test.”

The veteran and former Fox News host has faced allegations of abusing alcohol, mismanaging nonprofit funds, and sexual assault, which he denies.

All Democratic senators voted against Hegseth. The Senate Armed Services Committee barely recommended his nomination Monday with a 14-13 vote.

Ranking member on Senate Foreign Relations committee Sen. Jeanne Shaheen, D-N.H., said Thursday that Hegseth’s “11th hour conversion” on the roles of women in the military and the importance of NATO “raises questions about what he really believes.”

“Any inconsistency in our commitment to support our allies and partners, to support democracy around the world, to support the international world order — that is going to be seen and exploited by our adversaries,” she said.

As Defense secretary, Hegseth has promised he will root out social justice initiatives and partisan politics in the military, focusing instead on merit-based recruiting, effective deterrence, and overall lethality.

“Thank you for your confidence Mr. President. Thank you for the tie-breaker Mr. Vice President. Thank you Senators for 50 votes,” Hegseth posted on X following the vote. “This is for the troops. For the warriors. For our country. America First. Every day. We will never back down.”

Border Crisis abbott border patrol

Abbott Deploys Texas Military to Rio Grande Valley to Assist Trump Administration

Texas Gov. Greg Abbott surged additional Texas military resources to the Rio Grande Valley (RGV) to assist President Donald Trump with his border security efforts.

Abbott did so as removal operations are already underway in Trump’s first week in office after he issued a series of executive orders to secure the border, including sending 1,500 troops to Texas and California, The Center Square reported.

Abbott directed the Texas Military Department to deploy the Texas Tactical Border Force to the RGV to coordinate efforts with U.S. Border Patrol agents.

More than 400 troops are departing from military bases in Fort Worth and Houston Monday morning, as well as C-130s and Chinook helicopters, to join thousands of Texas National Guard soldiers already stationed at the Texas-Mexico border.

“Texas has a partner in the White House we can work with to secure the Texas-Mexico border," Abbott said. “For the past four years, Texas held the line against the Biden Administration’s border crisis and their refusal to protect Americans. Finally, we have a federal government working to end this crisis. I thank President Donald Trump for his decisive leadership on the southern border and look forward to working with him and his Administration to secure the border and make America safe again.”

Abbott first deployed the border force in May 2023 to the RGV and El Paso to support his border security mission, Operation Lone Star, The Center Square reported.

Under OLS, thousands of Texas National Guard soldiers and Texas Department of Public Safety troopers have been deployed to the Texas-Mexico border since March 2021. Abbott also received the support of 25 Republican governors, who also sent troops to Texas to participate in OLS.

“We have shifted troops to hotspots, added additional drone teams, and increased miles of barrier along the border. The dedication of these troops to the State of Texas is inspirational,” Texas Military Department Major General Thomas Suelzer said when the border force was first deployed in 2023. They included quick reaction forces comprised of military police units in El Paso and another to cover the region stretching from San Antonio to the Rio Grande Valley.

Last year, Texas Military Department efforts expanded after Texas built its first modern-day military base at the U.S. border in Eagle Pass, Texas, the only National Guard base along Texas’ border with Mexico, The Center Square reported.

Texas’ Forward Operating Base camp houses 1,800 troops with the ability to expand up to 2,300 if needed. Since then, military forces have been consolidated, enabling troops to expand barrier construction and other operations.

Since March 2021, when OLS was launched, more than 10,000 Texas National Guard troops and Texas Department of Public Safety troopers have been deployed to the Texas-Mexico border.

Through OLS, they’ve built more than 240 miles of border barriers, constructed 100 miles of border wall, installed and fortified 200 miles of concertina wire barriers, and installed marine buoy barriers, including additional barriers last week. Attempts by the Biden administration to prevent Texas’s construction of concertina wire and buoy barriers failed in court.

OLS officers alone have apprehended more than 530,000 illegal border crossers, repelled over 140,000 attempted illegal entries, made more than 50,000 criminal arrests, with more than 43,000 felony charges reported, and seized enough lethal doses of fentanyl to kill everyone in the U.S., Mexico and Canada combined, according to data from the governor’s office.

After Texas’ first Border Czar Mike Banks expanded OLS efforts, a 51% drop in federal border apprehensions was reported in one year in Texas, The Center Square exclusively reported.

Within that first year, as Texas resistance grew, illegal entries increased in Arizona, California and New Mexico, The Center Square exclusively reported.

Brewer Stadium Funding Plan Brewers ticket tax Brewers Stadium Poll Milwaukee Brewers Stadium Plan Rick Schlesinger Mark Attanasio Brewers Stadium Deal $290 Million

$55 Million in Improvements, Winterization for American Family Field

(The Center Square) – Nearly $55 million in spending was reportedly approved to winterize American Family Field in Milwaukee, with claims the taxpayer district funds will allow for winter events and concerts at the stadium.

The spending includes $25 million to winterize the stadium, meaning the improvements would allow for the seating bowl temperature to be 68 degrees even when the temperature outside is 10 below zero, according to WISN.

The Wisconsin Professional Baseball Park District Board also approved $10 million for social gathering spaces, $500,000 for roof repairs, $661,000 to build a sensory room and $500,000 to upgrade the umpire locker room for women umpires, WISN reported.

The issue with the spending and winterization is that stadium concert tours do not occur in the winter because artists do not put together tours during a time of year when only some stadiums and cities can be visited.

"The difference between an outdoor stadium and an indoor stadium is essentially zero in terms of events," economist Victor Matheson told The Center Square while discussing similar claims involving a roofed NFL stadium in Nashville. "The reason for that is that all the big tours all go out in the summer specifically so they can use all the outdoor stadiums in the country rather than the limited number of domed stadiums."

American Family Field has a capacity of nearly 42,000, which is larger than most concert venues that artists perform at to begin with.

Visit Milwaukee told the Milwaukee Journal-Sentinel late last year that winterizing the stadium could lead to the stadium hosting The NHL Winter Classic and the NCAA men's and women's basketball Final Four.