RACINE, Wis. — A Walworth County judge has allowed Kenosha County Eye’s John Doe petition against Somers resident and Racine County Sheriff’s Deputy Emil Ortiz to move forward, ordering Racine County District Attorney Patricia Hanson to review allegations that Ortiz improperly used Flock cameras, law enforcement databases and other departmental technology for personal reasons.
The ruling, signed Monday by Walworth County Judge Kristine E. Drettwan, requires Hanson to either file criminal charges against Ortiz or provide the court with a written explanation within 90 days explaining why no charges are warranted. While the decision keeps the matter alive and represents at least a procedural victory for KCE, the judge denied the request for a special prosecutor and instead placed the charging decision in Hanson’s hands.
FLOCK Image Illegally Obtained by Ortiz
KCE had specifically asked the court to appoint a special prosecutor because of what it described as at least the appearance of a conflict of interest in allowing Hanson’s office to decide whether Ortiz should face criminal charges. In the original petition, KCE alleged possible felony misconduct in public office and questioned why the Racine County Sheriff’s Office resolved Ortiz’s conduct administratively rather than referring it for criminal review.
The petition alleged Ortiz improperly used Flock camera technology, TIME system data and other law enforcement databases for personal reasons involving his girlfriend’s ex-boyfriend. KCE also pointed to Ortiz’s history of domestic violence allegations, prior leave status, and allegations that he improperly used a county-issued computer connected to the Internet Crimes Against Children unit.
Ortiz was previously demoted from detective to deputy and suspended for 10 days after Racine County determined he improperly used Flock and TIME technology while assisting his girlfriend in a personal dispute involving her ex-boyfriend.
(File Photo by Kevin Mathewson, Kenosha County Eye)
KCE has repeatedly reported on Ortiz’s history, including an April 2025 domestic incident in Somers, later domestic violence allegations, and an ICAC-related computer incident. Despite those incidents, Ortiz was allowed to remain employed by the Racine County Sheriff’s Office.
KCE had argued that Hanson should not be the one deciding whether Ortiz should be charged because the Racine County District Attorney’s Office has already been aware of many of the underlying allegations for months. KCE has also previously reported that Hanson has a history of declining to prosecute public safety employees and law enforcement officers, even in cases involving serious allegations or internal findings of wrongdoing.
That is why the denial of a special prosecutor request could ultimately make the decision something of a hollow victory. Although the John Doe petition survived and now moves forward, Hanson still controls whether Ortiz is criminally charged. Many observers expect Hanson will decline charges and instead provide the court with a written explanation defending that decision.
At Summit Police Department
The judge’s order stated that the legal requirements for appointing a special prosecutor were not met and referred the matter directly to Hanson’s office for review. Hanson now has 90 days to either issue charges or explain why no criminal complaint will be filed.
The case has already drawn significant attention because Ortiz retained two high-profile defense attorneys from MacGillis Law Group. Attorney Christopher MacGillis, a named partner at the firm, filed a notice of appearance on March 30. Attorney Austin Felber filed a separate notice of appearance the same day.
After KCE questioned whether taxpayers were footing the bill for Ortiz’s legal defense, Racine County Communications Manager Casey Morgenson told KCE that no public funds are being used. According to Morgenson, Ortiz’s attorneys are being paid through his union rather than Racine County.
The Ortiz decision comes just weeks after Chief Judge Wynne P. Laufenberg approved a separate KCE John Doe petition involving former Kenosha County Deputy Ryan McGrath and referred that matter for investigation. KCE had pointed to the McGrath decision as support for appointing a special prosecutor in Ortiz’s case as well.
11 Responses
Patricia Hanson resembles John Goodman from his early days on Roseanne.
She’s a handsome fella
Union funds? Where do you think they come from? Seriously? What a joke!
They come from the union members monthly dues.
Hansen is demanding we bring her Princess Leia.
Thought Hanson was a legit man at first
***
Hanson has to answer to everyone either way. If she denies to charge a full explanation will be out there to be judged.
Either whole bias or capitulation will be shown.
90 days seems like a long time but it is what it is.
Mega Kudos to Kevin Mathewson for going this extra mile on behalf of everyone else who could possibly be harmed by this kind of conduct going unchecked.
Let this be a deterrent to all law enforcement.
This is just as much on the sheriff for his lack of adequate discipline and not firing this rogue deputy.
As for the union. How ? How can they in their right minds defend a complete violation of public trust ?!? I understand unions and their role in assisting members but this level of “protection” is out of line.
From the story……
“ The judge’s order stated that the legal requirements for appointing a special prosecutor were not met “
Just what are those requirements and how were they not met ?
Hansons history in this case alone is enough in my view.
The judge probably made the right call. We don’t like judges legislating from the bench because that means the legislative branch’s authority would be usurped by the judicial branch. Similarly, judges should not prosecute from the bench as it invades the executive branch. Now the DA will have to make a decision and explain it. The judge may or may not like it but if the DA follows the law in the exercise of her discretion the judge has little to say about it. But the voters do at the next election.
“It’s Paaaatt”