Milwaukee homicide defendants intimidating witnesses and victims from jail through tablets, local judge says

A local Milwaukee judge known for being outspoken is taking issue with a Milwaukee County contract that allows for jail inmates to use tablets, he says are being used to intimidate witnesses and victims in ongoing court proceedings. 

Milwaukee County Judge David Borowski made the remarks Aug. 28 during a criminal hearing for a man accused of committing a triple homicide, according to video provided by A.J. Bayatpour of CBS58.  

“Why is the Sheriff’s Department giving laptops and iPads to defendants that are charged in homicides, or any defendant?” Borowski said before repeating himself multiple times. 

Borowski said he presided over a case where a defendant was given a laptop or iPad and used it to communicate with witnesses for his criminal trial before “apparently, allegedly” hacking the device to watch child pornography. 

He said in another “very high profile” case before a different judge, the defendant sent between 1200 to 1500 intimidating threats and phone calls from a tablet. 

“It’s preposterous and I would like the sheriff to answer that. There is no need, constitutional or otherwise, for a defendant to have a tablet when they sit in jail. 

“No defendant in this court ever gets to intimidate a witness or a victim.”

Borowski is known for his intense delivery while holding people accountable in court and for speaking out during hearings when things bother him, like the smell of marijuana. When he sought higher political office, he was described as a moderate Democrat. 

His remarks have now entered the race for Wisconsin governor. 

The contract permitting tablets in the Milwaukee County Jail and Community Reintegration Center was approved and signed by Milwaukee County Executive David Crowley, the Democratic nominee.

Republican nominee Tom Tiffany attacked Crowley on Aug. 28 for signing the contract. Crowley’s office said it was working to gather more information.  

The resolution passed the County Board in 2022 by a vote of 17-1. It was reauthorized last year. Board Chairwoman Marcelia Nicholson provided a statement on Aug. 28. 

“The allegations involving witness intimidation are extremely concerning. No County-provided communication system should be used to threaten witnesses, facilitate criminal activity or compromise public safety,” she said.

“One important clarification: the 2022 file was a contract request brought to the Board by the Sheriff’s Office and House of Correction for resident communication services. It was unanimously approved by the County Board and signed by the County Executive. So reducing this to one person “giving inmates tablets” doesn’t accurately reflect how or why the program was established.

“There was a legitimate purpose behind providing controlled communication technology. People in our correctional facilities include individuals awaiting trial as well as those serving shorter sentences, many of whom will return to our communities. Appropriate access to family, legal counsel, support systems, programming and reentry resources can support rehabilitation and successful reentry. Those goals matter, and so does ensuring that access is safe and appropriately controlled.

“What happened here raises legitimate questions about whether the safeguards are sufficient, what activity can be restricted or monitored consistent with the law, and whether additional controls are necessary for individuals who present particular security risks.

“I will be asking the Sheriff’s Office for more information about the current policy, the vendor’s security controls and what changes can be made administratively versus requiring Board action. If there is a gap that allows County technology to be used for witness intimidation or other criminal activity, we need to identify it and fix it. We can protect the legitimate rehabilitative purpose of these tools while also insisting on accountability and public safety.”

A spokesperson with the Milwaukee County Sheriff’s Office wasn’t able to immediately respond on Aug. 28 to questions about the policy.

The vendor of the tablets is ICSolutions, a Texas-based company that provides communication services for many jails and prisons throughout the U.S. 

This story will be updated as more information becomes available.