Published: October 10, 2008 10:37 pm            

Third tort claim filed against city

Dawnetta Trott claims distress from Kirk/Davis matter.

The woman at the center of the disciplinary case against Kokomo Police officers Jeff Kirk and Greg Davis has reserved the right to sue the city, filing a tort claim notice Oct. 3.

Dawnetta Trott, whose recorded encounter in February with KPD Officer Mark Miller sparked an investigation into the department by Kirk and Davis, is claiming emotional distress and defamation of character, according to the tort claim.

Specifically, Trott claims Kokomo Mayor Greg Goodnight, Police Chief Rob Baker, city attorney Derek Sublette and KPD Capt. David Mitchell discussed the details from the recording with the Kokomo Perspective on more than one occasion.

Trott claims those individuals also disclosed her identity during those meetings, which began “on or about April 18.”

“These acts were calculated to intimidate, harass and harm said confidential informant, as well as to cover up the results of a legitimate and proper criminal investigation,” the tort claim states.

Trott’s attorney, Peter Rosenthal, Indianapolis, also filed similar tort claim notices on behalf of Kirk and Davis last month. The city has yet to issue an official response to any of the tort claims, Sublette said Wednesday.

Trott also claims Miller “engaged in illegal and tortious conduct in obtaining and disseminating information from said confidential informant, and failed to protect the identity of said confidential informant.”

The city has the choice of attempting to settle with the tort claimants or to issue a denial of the claims. If the city denies the claims, the claimants would have two years to file a lawsuit.

Friday, both Baker and Dave Galvin, Goodnight’s spokesman, denied Trott ever held protected status as a KPD “confidential informant.”

“Rob Baker didn’t ‘out’ anybody, and Rob Baker didn’t give her up as an informant,” Baker said Friday. “Her friends outed her more than anybody, it seems to me.”

Baker and Galvin both said Trott also discussed her role in the Miller recording during a custody dispute court hearing in June, after a transcript of the recording was printed in the Perspective.

Baker and Goodnight have both denied providing that recording and other materials related to claims made against the department to local media.

Baker reiterated testimony given during a public disciplinary hearing against Kirk and Davis, which established the secret recording of a conversation between Trott and Miller was performed using recording equipment supplied by Howard County Sheriff Deputy Matt Roberson.

The recording was made Feb. 15, Baker said, but he was not made aware of its existence until March 17. He said he does not know who has had access to the recording since it was produced.

“[The media] didn’t get any of the information from me,” Baker said. He said he was unaware of anyone else in the city administration distributing the information.

Asked who might have disseminated the recording, Baker said, “I guess the other side might have.

“But it’s been floating around all over the place,” he added.

On March 23, after Baker confirmed Davis and Kirk were conducting an investigation of allegations against the department without his knowledge, he locked both officers out of their offices and placed both on what was effectively paid leave.

Both officers were demoted two ranks last month by the Kokomo Board of Public Works & Safety. Kirk was suspended without pay 10 days, and Davis was suspended without pay for five days. Both are now back on active duty.

Allegations made by Miller, captured on the recording, factored into the testimony in the Kirk/Davis disciplinary hearing, which Trott attended.

But her name did not surface during the hearing, and Trott has declined to speak to the media.

The filing of the tort claim notice was the first time Trott has apparently acknowledged involvement in the Kirk/Davis matter.

The tort claim does not specifically state Trott is the “confidential informant” mentioned, but she is the individual claiming damages.

Neither Trott’s attorney nor Perspective publisher Don Wilson could be reached for comment Friday.

Trott claims the discussions between the city administration officials and the disclosure of her identity caused actual damages.

“As a result of the aforesaid acts, and among other things, Dawnetta Trott’s life has been placed in danger, her business has been affected detrimentally, she has incurred lost income, suffered emotional, psychological and physical distress, pain, suffering and anxiety, and her character was defamed,” the claim states.

        

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