Published: September 06, 2008 12:15 am            

Police chief wants officers fired

Davis, Kirk decision expected Wednesday

The stakes were raised in a marathon disciplinary hearing Friday for two Kokomo police officers facing action for allegedly violating department rules.

Police Chief Rob Baker is now requesting termination.

The original disciplinary action recommended was a demotion and 10-day suspension for Kirk and a five-day suspension for Davis.

The Kokomo Board of Public Works & Safety listened to 10 hours of testimony in the hearing for Capt. Greg Davis and Lt. Jeff Kirk.

During questioning by KPD attorney Charles Braun, Baker said if Kirk and Davis were not willing to admit guilt, he was recommending termination.

When defense attorney John Kautzman asked Baker if the ante was being raised, Baker said yes.

“The plea bargain is over,” Baker said.

Baker was combative when first questioned by Kautzman. When the questioning turned to differences in police policies and procedures and the Fraternal Order of Police contract, Baker took a different tact.

“If you say so,” he responded to nine inquiries.

The basis of the allegations against Kirk and Davis is they failed to file a complaint with the captain of Professional Standards, or internal affairs, within five days of learning of the criminal allegations against former Sgt. Mark Miller.

Miller accepted a voluntary demotion for reportedly having sex with a confidential informant and obstruction of justice, according to Baker.

Kautzman and co-defense counsel Elizabeth Bemis continually asked witnesses if the FOP contract language on the time constraints was trumped by contract language that a criminal investigation took priority. They also noted department policy requires Professional Standards Capt. David Mitchell to immediately notify the chief about misconduct complaints.

Major James Callabro, a former president of the FOP, testified the purpose of the five-day rule is to allow equal treatment.

Callabro said Mitchell would be required to notify the chief.

“There is a problem with the rules,” Callabro said when asked about the differences in the department rules and the FOP contract.

Mitchell said since a complaint was not filed within five days, any allegation would have to be considered unfounded, but admitted that action is not in the department’s rules.

Baker continually said Kirk and Davis violated the rules by not filing a complaint against Miller with the Professional Standards captain.

He testified that they wanted Miller fired, an action he said would have been a violation of his due process rights.

“I wanted to see an investigation done,” Baker said. “With their experience, I believed they knew what they were doing. I trusted them. I found out differently.

“I believe [Davis] violated our policies and procedures,” he continued, “as spelled out in the FOP contract. Miller was denied due process.”

Baker said Davis and Kirk were conducting a secret investigation and that they didn’t have a case number on an obstruction of justice complaint against Miller for allegedly telling the confidential informant not to talk to police.

“Your law office helped us write these rules,” Baker reminded Kautzman.

On Easter Sunday, department officials locked Davis and Kirk out of their offices. Their computers were confiscated without being notified and the department didn’t allow them legal counsel when interviewed by Mitchell.

Kautzman asked Baker if these actions were a violation of the rules.

“If you say so,” he responded.

Concerning right to counsel, Baker said Kirk and Davis’ attorney couldn’t attend an internal review interview in April and a delay was not granted.

Davis testimony

In response to questioning why he didn’t file a complaint within five days, Davis said he was unable to do so because some of the allegations on a tape recording obtained from a confidential informant were against Baker.

“There is no policy when the criminal allegations are against the chief,” Davis said, while acknowledging that the department’s rules require the Professional Standards commander to immediately notify the chief.

Davis said he obtained a copy of the informant’s tape recording from Matt Roberson, a member of the Howard County Sheriff Department and the Howard County Drug Task Force.

“I knew something was dumped in my lap, potentially [to] get screwed with,” he said. “Allegations against my superior. Twenty-four weeks later, I was right. I’m being screwed and was placed on administrative leave for doing the right thing.”

Davis said he shared the tape recording with Kirk. He said he told Kirk to take the recording to the FBI.

Kirk testified that the FBI requested KPD do no further investigation because there were allegations of criminal activity by the police chief.

When asked by KPD attorney Braun his feelings toward Baker, Davis said he continues to honor Baker’s role as chief.

“I don’t agree with what has been done in this frivolous case,” he said. “[Baker] made mistakes in this case.”

Davis said he believes Baker has committed two criminal violations under Indiana law — obstruction of justice and official misconduct.

Davis said he knows a report has been filed with prosecutors concerning the allegations. Davis added no charges have been filed against any KPD member.

He said a meeting took place on March 17 to make Baker aware of the tape from the confidential informant Davis received in late February.

Davis said he tape recorded the meeting, which was with Baker, Kirk, Mitchell and Mayor Greg Goodnight.

“For self-preservation, I taped it in case they tried to do what they have done,” Davis said. “They weren’t men of integrity, as I had believed.”

Davis said Baker called him at home twice after the March meeting, stating he wished the informant’s recording had been brought to his attention earlier.

Because the tape included allegations of destruction of evidence against Baker, Davis said he couldn’t notify him.

The allegedly destroyed evidence was allegations of criminal misconduct by KPD officers in 2006. The packet of evidence was given to the FBI and later returned to KPD.

“I apologized that I had to do the right thing,” Davis said.

The board of works is expected to announce a decision at 10 a.m. Wednesday.

        

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