Milwaukee- Two judges have ruled that the testimony from the John Doe hearing regarding the beating of Frank Jude Jr. by a group of Milwaukee police may never be disclosed – even to the U. S. attorney.

Three defendants in the federal case already have pleaded guilty to felonies. Bartlett, Masarik, Spengler, Ryan Packard and Ryan Lemke are fighting the charges. If Biskupic had the Doe transcripts, he could use them to discover new avenues of investigation or to cross-examine the defendants about statements they made there.

Jude, Lovell Harris and two women were invited to an October 2004 party at Spengler's Bay View home by another woman but quickly left. They were followed out, and Jude was accused of stealing a wallet and badge, which he denied. No badge has ever been found, and Jude was never charged with theft.

Jude and witnesses said up to a dozen off-duty officers beat and kicked him in the body and head, cut off his clothes, jammed something in both ears and threatened him with a knife. Jude, who is biracial, and Harris, who is black, both said their attackers, who are all white, used racial slurs during the beating.

Milwaukee County District Attorney E. Michael McCann, last April unsuccessfully prosecuted three now former officers in state court, has the transcripts. Defense attorneys for the three - Jon Bartlett, Daniel Masarik and Andrew Spengler - also have the transcripts. But U.S. Attorney Steven M. Biskupic, who has charged those three fired officers and five others in cooperation with the Department of Justice Civil Rights Division in Washington, D.C., might never know what witnesses said during the Doe, which began in late November 2004 and was conducted largely in February 2005

In Wisconsin, a John Doe hearing is convened by the district attorney's office to gather evidence prior to deciding whether to issue criminal charges in a case. By law, the proceedings, which occur before a single judge, are secret except in the very rare instance when a judge decides it is in the public interest to conduct the proceeding in open court. The law offers one other exception: if the Doe results in criminal charges, the defendant is entitled to transcripts of the hearing. There are no other exceptions.