The Denver Post
Turney plans to appeal suspension
Wednesday, April 21, 2004 -
After being supported at a massive rally by hundreds of fellow police officers, suspended Denver cop James Turney will now take action himself.
Turney will appeal the suspension to the Civil Service Commission, according to his attorney. The deadline to appeal is Monday. Last week, Turney was suspended for 10 months without pay for the July shooting death of Paul Childs, a 15-year-old developmentally disabled teen who was wielding a knife. The suspension drew outrage from many police officers, including about 450 who protested on the steps of city hall on Monday. At the rally, many officers and supporters became upset when told that Mayor John Hickenlooper would not meet with them because he had a previously scheduled meeting to attend. Several mocked him with derisive names. The name-calling apparently bothered Hickenlooper. The mayor told two City Council members on Tuesday morning that the last time someone called him "Chickenlooper" was on a playground during his elementary school days. Officers said they were puzzled by the suspension, both because of its length and what some said was scant justification. Many promised to support Turney emotionally and financially while he appeals. Turney's attorney, Doug Jewell, called the suspension "unprecedented." Once Turney appeals, his case will be assigned within 10 days to a hearing officer, one of four lawyers who work on a contract basis with the commission. If Turney requests an expedited hearing, his appeal could be heard within 30 days. If not, a hearing is likely within 90 to 120 days, although "there really is no fixed time limit," said Brian Kellogg, senior personnel analyst with the Civil Service Commission. The hearing will be open to the public. Witnesses may be called to testify under oath. Past hearings have lasted from a half-day up to five days. At the hearing, the burden of proof is on the city and Manager of Safety Al LaCabe, who imposed Turney's suspension. The hearing officer must issue a decision within 30 days based on a preponderance of the evidence. The hearing officer may sustain, increase or decrease the penalty. After the hearing officer's decision, the police officer or the manager of safety may appeal to the Civil Service Commission or Denver District Court. The commission may not increase the hearing officer's decision. Some observers have said they expect the commission to decrease the suspension based on past cases. "I'm sure this process will drag out, and in the end, his suspension will be reduced," the Rev. Gill Ford, regional director of the NAACP, told The Denver Post last week. Court appeals are "extremely rare," Jewell said. He would not say whether his client might take that course of action. On average, 10 to 12 police officers and firefighters appeal discipline to the Civil Service Commission each year, Kellogg said. One has appealed so far this year. |