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URL: http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_3168755,00.html
Officer's hearing delayed in Childs case

By Sarah Langbein, Rocky Mountain News
September 9, 2004

Officer James Turney's hearing to appeal his 10-month suspension was postponed Wednesday so city attorneys can have more time to prepare their case.

The hearing, which was to begin later this month, was pushed back to Oct. 19 - a move that drew objections from his attorneys, Doug Jewell and Jeff Clayton.

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In April, Manager of Safety Al LaCabe suspended Turney without pay for 10 months in the fatal shooting of Paul Childs, a developmentally disabled teen.

On July 5, 2003, Turney responded to Childs' home after a report that the teen was threatening his mother with a kitchen knife.

Following the announcement of Turney's suspension, Jewell said his client would appeal the suspension on the grounds that it was excessive and unjustified.

During Wednesday's meeting about the case, Assistant City Attorney Karla Pierce requested a continuance, citing more than 5,000 documents and 40 videotapes she needed to review.

"We are nowhere near being ready for this case," Pierce told the hearing officer.

Lawyers also discussed a pending lawsuit against the city for denying two public records requests filed by Turney's legal team. Those records include telephone calls, press materials, all city correspondence concerning Childs and Turney, and firearm discharge review board records.

Turney's hearing is scheduled to last eight days.

Once the hearing officer issues a decision in the case, Turney or the city will have 15 days to file an appeal to the full Civil Service Commission.

If the commission accepts the case, it would base its final decision on earlier testimony, written arguments and short oral arguments.

Turney or the city also could appeal to the district court.

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