few facts

LAPD Officer Wins $3.12 Million in Retaliation Case

A Los Angeles police officer who alleged he was retaliated against for reporting racial remarks and theft by a supervisor was awarded $3.12 million today by a jury.

Robert Hill, 48, who is white, claimed he was transferred to another station and given an inferior work assignment because he told supervisors in 2004 that Newton Division Sgt. Gilbert Curtis was making racist statements about blacks and Latinos and had taken money from the Explorer fund, a police ride-along program for teenagers.

The Los Angeles Superior Court panel of seven men and five women deliberated about 3 1/2 hours Friday and today before reaching their decision. The award consisted of $3 million in non-economic damages for emotional distress, and $127,000 in economic damages for past and future lost wages.

As he heard the verdict, Hill leaned back in his chair, then turned to the panel in the jury box, and said, "Thank you guys very much."

Most of the jurors smiled back at Hill.

The officer sued the city in January 2007. He testified he had a good rapport with the community and helped reduce crime when he was working at the Newton Division, but that after he talked to supervisors about Curtis, he was transferred to the Northeast Division and given inferior assignments.

The transfer also has cost Hill a significant amount of money that he otherwise would have earned in overtime, his lawyer, Gregory W. Smith, said during closing arguments Friday.

"You're not supposed to transfer someone when they report things," Smith said.

Smith told jurors that Hill was sent home and stripped of his badge and gun while an internal affairs investigation into the confrontation took place. Hill was ultimately cleared after a Board of Rights hearing.

Hill was diagnosed with depression and at one point considered suicide, Smith said.

Smith said after the verdict that he was pleased jurors "saw through the smokescreen" put up by defense attorneys. He also said he hoped it would bring about real reform in LAPD management to prevent further such abuses of officers who step forward to report misconduct.

Hill said that before the trial he implored a long list of people from his supervisors to Chief William Bratton to enact measures to prevent a repeat of what happened to him and to other officers. Those requests were ignored and the jury's verdict is the result, he said.

Hill, a 25-year LAPD veteran, said he originally wanted to work until he reached his 30th anniversary with the department, but has abandoned those plans and in all likelihood will retire sooner.

A trial witness called on Hill's behalf, Marisabel Gonzalez, told jurors that she wanted Hill to attend a memorial ceremony for slain police in Washington, D.C., after her fiance, LAPD Officer Landon Dorris, was fatally struck by a car on Oct. 22, 2006.

She said an LAPD supervisor told her Hill could not go to the ceremony because Bratton did not believe he was a positive representative for the department.

Deputy City Attorney Richard Loomis declined to comment on the verdict. But he told told jurors during his closing argument that it was necessary to send Hill to another station because he and Curtis were not getting along at the Newton Division.

Had the LAPD really wanted to retaliate against Hill, they would have sent him to either the Harbor or Pacific divisions, which are much farther from where he lives, Loomis said.

Hill is angry that the LAPD has not found any malfeasance on Curtis' part and punished him, Loomis said.

However, Loomis and Deputy City Attorney Jorge Otano, his co-counsel, shook hands with Hill outside the courtroom after the verdict.

Curtis, who denies any of the wrongdoing alleged by Hill, testified that the officer helped decrease crime while working in the Newton Division.

Curtis also said he believed Hill wanted to kill him during a February 2005 confrontation. Hill maintains that during that confrontation, Curtis called him a "rat" for complaining about him

FORT MYERS - Fighting for his job! A fired Fort Myers police officer is back on the force tonight at your expense! For the second time in two months, an officer has fought and won a wrongful termination case.

Four in your Corner's Mike Mason is explaining how the drawn out process is costing you thousands of dollars. After being fired more than a year ago, officer Mark Edwards reported to work today. That's because an arbitrator ruled the city was wrong to fire him in the first place.

Documents show officer Edwards was fired for a few reasons. According to the city, in 2010, "While on duty in his patrol vehicle, on 37 occasions (officer Edwards) reported to dispatch that he was in a location other than where he actually was....he was outside of the City of Fort Myers where he should not have been without approval of his superior."

But records show, "The arbitrator finds that there was no just cause for (the city) disciplining Edwards…(the city) has not demonstrated this his deviations were for anything other than breaks."

And the city claimed, "Officer Edwards falsely indicated in his monthly activity report....that he attended a neighborhood watch meeting although GPS records show he was at a different location."

The arbitrator found the city did have grounds to discipline Edwards for this but stated, "His dismissal is an excessive penalty."

As a result, Edwards was reinstated as a police officer but he won't receive compensation for the time he was out of work. That doesn't mean it won't cost you in the long run.

Cecil Pendergrass: "The investigation, the police department staff, his time out of work. My estimate will probably be around $100,000."

Former PBA president Cecil Pendergrass represented Edwards during the arbitration.

Cecil Pendergrass: "I think the arbitrator saw it as excessive punishment and the lack of fair treatment across the board to all their employees."

Two months ago, another fired Fort Myers police officer was reinstated. O'Neil Kerr was terminated last year after being charged with domestic violence; charges which were later dropped. But Chief Doug Baker fired him anyway, forcing Kerr to hire an attorney to get his job back.

O' Neil Kerr: "I withdrew all of my pension to pay for my legal bills because I wanted to prove, I at least wanted to show that what was done to me was wrong.
Mike Mason: "So you paid thousands of dollars?"
O' Neil Kerr: "Thousands of dollars."

Kerr was reinstated and taxpayers had to pay him 18-thousand dollars in back pay and foot the bill for his arbitration.

Pendergrass says these two cases have cost the city thousands and if nothing is done soon, taxpayers could be on the hook for more down the line.

Cecil Pendergrass: "I think city council should be looking into why is this occurring, why do we have these types of incidents occurring where bad decisions are being made and whoever has made these decisions should be held accountable."

Records show this was the first time officer Edwards had ever been disciplined by the department and he was on the force for nine years. We asked the Fort Myers Police Department to comment but have not heard back

So what are you saying?? You want money? Guess what??!! Money you might get! Your job back? NEVER!!!!

MIAMI (CBS4) – For the first time, three officers who were fired by the town of Medley after a traffic accident that was captured on surveillance tape are speaking out, saying the town of Medley unfairly and wrongly terminated them.

“I don’t think it’s fair,” said former Officer Freddy Romero, 35, who was fired Sept. 27th along with former Sgt. George Perez, 51, and Lt. Joseph Olmedo, 44.

Perez had been with the department for 22 years. Olmedo, who had served as “Acting Chief,” had been with the department for 21 years.

In a CBS4 Exclusive, Romero told CBS4’s Peter D’Oench, “My rights of due process were violated. I have my family and my house that I am worried about about. And I loved my job. This was not fair but the truth will prevail. Justice will win out.”



“I feel terrible,” said Perez. “I have been a police officer for 25 years and I have been in Medley 22 and a half years and I was never disciplined. This is awful for me and my family. I am not going to let go of this. We have our families.”

The incident was captured on surveillance tape on October 8th, 2011 as Leovigildo Bravo Fraga was driving to work, going southbound on Northwest 72nd Ave. Suddenly, surveillance tape captures Romero’s car colliding with Fraga’s mini-van.

Fraga was initially arrested because he was driving with a suspended license, according to reports, and it appeared he was driving under the influence.

“He was given two roadside tests by officers and they thought he was impaired with alcohol,” said Perez. “It later turned out he was fatigue impaired from a lack of sleep. He had been working two jobs.”

Fraga was arrested and then later released. Police say he passed a breathalyzer test for alcohol after the accident.

A probe also showed that Romero was at fault during the accident, not Fraga, as originally believed and reported. Perez told D’Oench he filed that report based on the conditions of the accident.

Jose “Pepe” Herrera is the attorney for the officers and he told D’Oench that, “This gentleman had a suspended license. And that is an offense that you can be arrested for in the state of Florida. The fact that Sergeant Perez exercised discretion should not be faulted. This individual was impaired by fatigue.”



“Our position has been that we want a fair and impartial investigation, not one done by the Police Chief,” said Herrera. “This is absolutely a witch hunt that is self directed by the Chief of Police.”

Olmedo said, “Our due process rights have been violated. Never did I think in my 21 years that I would be terminated for a traffic crash report that was given to the Chief of Police to review. It is the Chief’s responsibility to review my work. I think someone outside the city should have conducted this investigation. I am going to fight this for all of my fellow officers and everyone who would fall under my command.”

Olmedo and the former officers say their rights were violated under the town charter because they say only the town council has the authority to fire them—not the Police Chief. Attorney Herrera told D’Oench he has successfully fought the city on three other occasions in which officers were wrongly fired by people other than the town council.

The former officers plan to attend the next town council meeting after the elections on December 6th. In the meantime, they are hoping a Judge will rule in their favor after Herrera filed an amended lawsuit against the town of Medley.

The Police Chief of Medley, Jeanette Said-Jinette, is also speaking for the first time and exclusively to CBS4.

She was only allowed by her attorney to read a statement.

In it, she said, “The town of Medley has no animosity towards these officers. They were terminated after an independent investigation was conducted by another City and based on the surveillance video which is not consistent with the reports (that were filed by the officers). The facts and the video speak for themselves. The only people to blame are the officers who breached the trust of the people of Medley and the state of Florida.”

She added, “Any other allegations are an attempt to divert attention from their behavior.”

On Monday, the Miami-Dade Police Benevolent Association President John Rivera that he was going to fight to get the officers’ jobs back.

“We are not only going to fight for that, we are going to get their jobs back,” said Rivera, whose PBA represents two of the officers.

He said the firings were based on a “flawed investigation.”

“And often I don’t agree with the State Attorney’s Office,” he said, “but they decided that there were no grounds for a criminal prosecution.”

He was referring to a close-out memo from prosecutors that said the case did involve some “sloppy police work” but did not merit criminal prosecution.

The former officers are also suing Medley in order to get a look at hundreds of pages of public records in this case

Like I said before, you might get money, but you will never get your job back. The biggest mistake you've made in this process was slander the Chief on Spanish television. If your great lawyer who knows Medley so well, advise you to do that. Change your attorney!!! Because now, neither he nor those who so far have supported you will be able to do anything for you. The town of Medley has spoken. And the Chief wins again!!! Perez and Romero may have a chance but, you are done. Thank you for that one brother!

There you go again dreaming up a storm. You Talk about slander but fail to mention the documented civil and due process rights the chief violated. All of the statements made by the officers are accurate. Remember they dont work for the department at this time and have the right to defend themselves from her lies , slanderous attacks and her violations of the town charter. Keep dreaming... theses guys are not only going to get paid big money but will also return to work. Then you can wake up and realize your nightmere came true. Start packing.....

I love the back and forth artie continues...
first the guys will never get their jobs back, then they might, then they will but the LT won't. DISASTER!
why doesn't artie just shut up already? all he does is talk garbage. he thinks he is the chief. Getover yourself. Ur not the chief, ur not even a darn sgt. how would u ever even pass that test? if there is anyone other than pizzi giving her advice is artie. look at the hole she's in, b/c of that spas of a husband she has. he can sit here and SLANDER everyone else. HER along with her CLAN can SLANDER others printing quotes on a newspaper that were NEVER said but now b/c the LT has to stand up for himself (she was the one that went to the media, not them) and states the OBVIOUS... YES THIS IS ALL POLITICAL. if you don't know that, then are an idiot. artie, give it a rest already. let the legal system do its job and you will see what the end result will be. we only have to wait 4 more days or so. relax. don't get ur panties all in a bunch. the truth will come out and whoever deserves their jobs back will get it, and whoever will be dismissed from their job will do so also. now get back to work, if that's what u call it.. all u do is stalk this thing, to write nonsense.

LT you were great the other night on the spanish radio too. LMAO!!

:devil: Guess whose theme song this is - - Play for your listening entertainment :devil:

http://www.youtube.com/watch?v=wsT195P-OUY