Loading...
HomeMy WebLinkAbout09-21-2015 Police Disciplinary HearingPOLICE DISCIPLINARY HEARING BRANDON BARNHILL COMPLAINANT VS MINUTES OF HEARING MICHAEL REDMON RESPONDENT At a Called Meeting of the Board of Commission held in the Commission Chambers at City Hall, Paducah, Kentucky, at 9:00 a.m., September 21, 2015, Mayor Kaler presided, and upon call of the roll by the City Clerk the following answered to their names: Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). MOTION — R & F CALLED MEETING NOTICE Commissioner Abraham offered motion, seconded by Commissioner Gault that the Notice of Called Meeting of the Board of Commissioners of the City of Paducah for 9:00 a.m., Monday, September 21, 2015, be received and filed. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). The meeting was called for the purpose of hearing charges that had been preferred by Brandon Barnhill, Chief of Police, against Police Officer Michel Redmon in the Paducah Police Department of the City of Paducah. The respondent was represented by Hon. Jeremy Ian Smith. The complainant was represented by the Hon. Stacey Blankenship, Attorney. Hon. Dan Key, Asst. Corporation Counsel, advised the Board of Commissioners. The respondent chose for the hearing to be conducted in open session. Amy Fleming, Court Reporter, was present. City Clerk, Tammara S. Sanderson, was also in attendance. RULING ON WITNESSES Mayor Kaler invoked "the rule", which requires witnesses to be excluded from the hearing until they have testified. RULING ON ORDERS OR MOTIONS Mayor Kaler DENIED a motion filed by the Respondent to "Disqualify Keuler, Kelly, Hutchins & Blankenship, LLP," from representing the Complainant in this matter. Mayor GRANTED a Motion in Limine filed by the Complainant, by and through counsel, to preclude Respondent from introducing Jason Merrick's personnel file at the hearing of this matter. Mayor GRANTED a Motion in Limine filed by the Complainant, by and through counsel, to exclude irrelevant evidence, specifically including testimony or evidence related to Joseph Cerullo's underlying criminal charges and actions prior to his encounter with Respondent. MOTION STATEMENT OF CHARGES Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the reading of the Statement of Charges be waived. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). Opening Statements were given by Ms. Blankenship. Mr. Smith reserved his opening statement. COMPLAINANT PRESENTS CASE September 21, 2015 POLICE DISCIPLINARY HEARING BRANDON BARNHILL COMPLAINANT VS MINUTES OF HEARING MICHAEL REDMON RESPONDENT Ms. Blankenship called Mr. Joseph Cerullo as a witness. Mr. Cerullo invoked his rights under the 5tr' Amendment not to testify. Mr. Cerullo's attorney moved for him to be excused. Mayor granted. Ms. Blakenship presented audio recording of the Internal Affairs Complaint Investigation completed by Capt. George Johnson and Asst. Chief Brian Kreuger. This was the interview of Joseph Cerullo. Mr. Smith objected to hearing of the audio interview. Mayor Kaler overruled objection to hearing of audio interview. Ms. Blankenship called Dorothy Jones to the witness stand. Ms. Jones was duly sworn by the court reporter. She was examined by cross, directed, re -cross and re -direct examination. Ms. Blankenship called for the video deposition of Dawn York to be presented to be heard. Mr. Smith objected to video being heard. Mayor overruled his objection. The following witnesses were called by Ms. Blankenship and duly sworn by the court reporter: Stacey Brooks Dr. Dawn Pingleton Richard Cox Sgt. Will Gilbert Officer James Davis Police Chief Brandon Barnhill All witnesses were examined, cross-examined, re -direct and re -cross by respective counsel. Exhibits 1-12 were introduced by Ms. Blankenship as evidence. No objections were made by Mr. Smith. Mayor granted. Mr. Smith moved to introduce Exhibit 1. No objection by Ms. Blankenship. 12:50 p.m. — Board recessed for lunch - 1:46 p.m. -- Meeting reconvened. MOTION TO RECONVENE Commissioner Abraham offered motion, seconded by Commissioner Gault, to reconvene meeting after lunch at 1:46 p.m. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). RESPONDENT PRESENTS CASE The following witnesses were called by Mr. Smith and duly sworn by the court reporter: Capt. George Johnson John Driskill Officer Kevin Collins Officer Rene Long Officer Michael Redmon During Mr. Redmon's testimony Officer Parrish was asked to be used for a physical demonstration. The majority of all witnesses were examined by cross, direct, re -cross and re -direct examination by respective counsel. CLOSING STATEMENTS Closing statements were presented by Mr. Smith and Ms. Blankenship, respectively. Commissioner Abraham asked if Mr. Redmon wanted to make any comments. He did. EXECUTIVE SESSION September 21, 2015 POLICE DISCIPLINARY HEARING BRANDON BARNHILL COMPLAINANT VS MINUTES OF HEARING MICHAEL REDMON RESPONDENT Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board go into closed session for discussion of matters pertaining to the following topic: • Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.819(1)(f). Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). OPEN SESSION Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board reconvene in open session in the Commission Chambers. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). DECISION OF BOARD The following Findings of Fact were read: Commissioner Rhodes offered the following motion to approve the Findings of Fact Order of the Board. At a special meeting held by the Board of Commissioners on September 21, 2015, on the charge as stated in the Statement of Charges and a hearing having been held by the Board and deliberations made in Executive Session the following findings and order shall be adopted. - From the evidence presented, the Board finds as follows: That the Respondent, Michael Redmon, was in violation of Law Enforcement Procedures as set out in KRS 15.520 and excessive use of force of the Paducah Police Department Policies, disciplinary provision of the Collective Bargaining Agreement (hereinafter "CBA") between the City of Paducah and Jackson Purchase Lodge 15, Fraternal Order of Police, of which Respondent is a member and his exclusive bargaining agent, and applying the standards for discipline set out therein, including the "Just Cause Standard and Work Rules" specified in the CBA, and adherence to the principle of progressive discipline, and applying the evidence presented by the parties, and is found guilty of charges as set out in the Statement of Charges. The Board finds as follows, to wit: A. The Board finds from the evidence that the Respondent violated the unnecessary or excessive use of force in violation of the Paducah Police Department's Policies: 1 The Response to Resistance Policy No. 04-49E--VI.3.b. By using a restraint or chokehold on an arrestee's neck as there was no immediate threat to cause serious physical injury or death to the officer or another person and the officer had other reasonable means available to control the individual. 2 The Standards of Conduct Policy No. 04-42E—III.AA. 1. Use of Force. By using more force in a situation that is reasonably necessary under the circumstances to overcome resistance as the arrestee was handcuffed. B. The Board finds from the evidence that the Respondent also violated the Conduct Unbecoming a Law Enforcement Officer in Accordance with Standards of Conduct Policy No. 04-42D.III.D. 1. By failing to conduct himself on duty in such a manner as to reflect most favorably on the department and reflects discredit on the employee as a member of the department or tends to impair the operation and efficiency of the department or the employee by failing to remain calm in a situation and not cause an escalation of a situation which created a large September 21, 2015 POLICE DISCIPLINARY HEARING BRANDON BARNHILL COMPLAINANT VS MINUTES OF HEARING MICHAEL REDMON RESPONDENT disturbance in an area which was not appropriate to the well-being of the other patients in an ICU. NOW, THEREFORE, it is the Order of this Board that Michael Redmon shall be terminated from his employment with the City of Paducah effective this date. In reaching this decision, the Board must assume the validity of the aforementioned Statute and City of Paducah Police Department Policy and General Order Manual and the Collective Bargaining Agreement and be bound by their provisions, terms and requirements. Entered this 21St day of September, 2015. Commissioner Abraham seconded motion made by Commissioner Rhodes. Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). Findings of Fact and Order were signed by Mayor Kaler. Meeting adjourned by Mayor Kaler. i Tammara S. Sanderson, City Clerk A transcript of the hearing is held by the court reporter and will be released pursuant to the request of the respondent. September 21, 2015