Captain & Sgt. Liars - Let the cover up begin

Tape-Recorded Fracas Is Key To Disciplinary Hearing

April 20, 2007
By JOSH KOVNER, Courant Staff Writer MIDDLETOWN -- Last summer, Police Officer Sebastian Bartolotta found himself in a heap of trouble with his superiors.

The veteran patrolman with a good work history had been accused by a sergeant and a captain of spewing profanities during a verbal altercation with the sergeant, according to department records. Bartolotta would later acknowledge being disrespectful, but he knew he didn't utter the expletives attributed to him. When he learned he faced seven violations of the code of conduct and possibly a long suspension, he relied on the ace up his sleeve or, more accurately, the tape recorder in his pocket.

It turns out that Bartolotta had taped his verbal confrontation with Sgt. Heather Desmond on a digital recorder that he said he routinely uses in his police work, according to department records. :twisted: :twisted:

In a case that has raised questions about the truthfulness of certain ranking officers, and about equality of discipline inside the 101-member department, Bartolotta proved through the recording that his statements, though heated, were not as they were described in reports by Desmond and Capt. Gregory Sneed, the patrol commander.

Eventually, six of the charges were withdrawn and Bartolotta accepted a written warning for exhibiting a lack of respect.

In February, Sneed, who had attributed a profanity-laden statement to Bartolotta and concurred with Desmond's report, received a verbal warning for violating a rule concerning performance of duty. That's a lower level of discipline than Bartolotta received.

Now, the rank-and-file is closely watching what will happen to Desmond as she nears a pre-disciplinary hearing on May 1 - a proceeding that Sneed was able to avoid by accepting the warning.

The general feeling among officers, several of them said, is that, unlike Sneed, they would have been charged with lying and suspended had they filed reports that misrepresented an incident. They are wondering whether they need tape recorders to protect their careers in certain situations.

Desmond, who has been suspended before for disciplinary infractions, faces the possibility of a lengthy suspension.

Sneed, in his own report, wrote that he was drawn from his office by a male voice shouting profanities. When he rounded the corner, there was Bartolotta, he wrote. He then signed off on Desmond's longer report, which describes a heated exchange with Bartolotta and quotes him as repeatedly swearing. Sneed recommended that Bartolotta be disciplined for violations that included profane language. He then sent the case along the chain of command to then-Deputy Chief Philip Pessina.

Capt. Amy Pear, who did the internal investigation, reported that when confronted with the discrepancies between the tape recording and his report, Sneed "never deferred blame, nor did he have a clear explanation of how this incident occurred. He just stated that he wrote what he thought he heard and that when he wrote it, he believed it was the truth," department records state.

Desmond appears to have been less conciliatory. According to a transcript of her interview with Pear, Desmond said, "What I remember thinking about this and what is on the tape are not the same. ... I remember Officer Bartolotta swearing, specifically using the words that I quoted ... I remember what I remember, and it's not like it is on the tape."

Bartolotta at one point in his exchange with Desmond asked the sergeant to call in a representative of the police union, according to a transcript of the tape recording. However, Desmond did not make the request.

"Had Sgt. Desmond stopped at that point and called in a union rep, it wouldn't have escalated to a point where we have an officer and a captain already disciplined, and a sergeant facing potential suspension," said Officer Thomas Sebold, president of the police union.

Chief Lynn Baldoni said her policy is not to comment on pending internal matters. Desmond and Sneed did not return voice-mail messages; Bartolotta declined comment.

Baldoni is listed as a witness in the case; she was in Sneed's office when Sneed said he went to check out the male voice shouting in the hallway. Baldoni, then a deputy chief, also walked into the hall, but remained "well behind" Sneed.

:cry: :cry: :cry: :cry: :cry: :cry: :cry:

Contact Josh Kovner at jkovner@courant.com.