Former Wis. Officer Guilty of Falsifying Girlfriend's Breath Tests
Waukesha - A former Mukwonago police officer was found guilty Friday of misconduct in office for falsifying preliminary breath test reports for his girlfriend who was under court order to maintain absolute sobriety.
Alvin Brook was a veteran police officer when he was charged Nov. 15 with the single felony count.
Brook, who was with the department for 21 years, was placedonpaidadministrative leave the day he was charged. He resigned Dec. 3 from his $60,000 a year job.
As part of a plea agreement, Brook entered a no contest plea and was convicted by Judge Kathryn W. Foster during a hearing Friday in Waukesha County Circuit Court. The agreement calls for the state to recommend that Brook be placed on probation and, as a condition of probation, be ordered to serve up to six months in the county jail. Foster told Brook that she does not have to follow that recommendation when she sentences him Dec. 1. The maximum sentence Brook could receive is 11/2 years in prison and up to two years of extended supervision.
According to the criminal complaint, Brook, 42, was accused of falsifying breath test reports between Jan. 7, 2010, and June 3, 2010, when the girlfriend, with whom he resided, was a participant in the Alcohol Treatment Court program.
As a participant in the program, she was required not to consume alcohol and to submit to random breath tests, the complaint said.
She had been convicted in 2009 of third-offense operating while intoxicated. Participants in Alcohol Treatment Court can have their jail sentences reduced if they follow the rules and complete the program.
The complaint said a system was in place through which the woman would be notified to submit to a breath test, and she would have two hours from being notified to get the test, either at Wisconsin Community Services or a participating police department, among them the Mukwonago department. If she chose to participate at a law enforcement agency, an officer would administer the test and would sign a form indicating the date, time and result of the test. The woman was required to give the forms to Alcohol Treatment Court staff.
The complaint said 52 of the 62 breath test verification forms filed for the woman between January and June were done by Brook. The 10 others were by six different Big Bend Police Department employees, the complaint said.
Of the tests reportedly done by Brook, 30 occurred when Brook was not on duty, the complaint said.
Three forms for tests reportedly conducted at the Mukwonago Police Department by Brook had times and dates when dispatch records show him at other locations.
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Copyright, 2011, Journal Sentinel, All Rights Reserved.
Copyright 2011 Journal Sentinel Inc.
