Mattioli asks for trial to be moved out of Milwaukee as protesters march streets

NOW: Mattioli asks for trial to be moved out of Milwaukee as protesters march streets

Updated: 5:07 p.m. on March 8, 2021 

MILWAUKEE (CBS 58) -- A motion hearing for former Milwaukee Police Department officer Michael Mattioli took place Monday, March 8.

Mattioli is charged in the death of Joel Acevedo last year. 

Protesters marched in front of the Milwaukee County Courthouse Monday afternoon. 

Attorneys for Mattioli argued the kinds of protests linking Acevedo's death with others, like George Floyd in Minneapolis, make it difficult for Mattioli to receive a fair trial in Milwaukee County. They want the trial moved.

“The rallying of the public against the defendant in this case, Mr. Mattioli, and what I believe to be attempts to make this case something it isn’t, to bring it into a larger national picture, when I believe it’s not that.”

Mattioli is accused of killing Acevedo with a chokehold when a fight broke out during a party held at Mattioli's house. The defense argues it's not fair to link the death to that of minorities killed by on-duty police officers.

The judge says the court will have to see how the case is covered between now and setting a trial date, before making that choice. 

“The motion to change venue will better be evaluated closer to the trial date, to allow for the full determination of what impact the coverage had, could have, on the potential jury pool,” Milwaukee County Circuit Judge Michelle Havas said.

Acevedo's father, Jose Acevedo, says the trial belongs in Milwaukee. 

“It should be here in Milwaukee. This is where it occurred. At his house. And he should be held accountable along with the other individuals that were there," said Jose. 

The next court process will come April 28, to check in on the status of Acevedo's medical records. 

Published: 12:53 p.m. on March 8, 2021 

MILWAUKEE (CBS 58) --- Protesters are planning to rally again as embattled former Milwaukee police officer Michael Mattioli heads to court Monday, March 8.

Mattioli was off duty last April when investigators say he put Joel Acevedo in a chokehold at his home while at a party. Acevedo died from his injuries. 

Acevedo's family is planning a rally before the hearing starts at 2:30 p.m. at Kosciuszko Park.

Mattioli has pleaded not guilty. He is due in court at 3 p.m. Monday afternoon. 

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