SALISBURY — Former
police Chief David L’Esperance was scheduled to be cross-examined yesterday
during the second and final day of fired police officer Mark Thomas’ appeal
hearing at Town Hall.
Thomas, 46, of
Portsmouth, N.H., and Salisbury, is seeking to prove he was fired without just
cause in February after being on paid leave since May 2011 on charges of
conduct unbecoming an officer.
The charges were
brought against the 24-year police veteran after two administrative reviews of
the Police Department conducted at the request of Town Manager Neil Harrington
by retired Salem police Chief Robert St. Pierre.
Yesterday, town
attorney Daniel Kulak was scheduled to cross-examine L’Esperance, who was
subpoenaed to testify by Thomas’ attorney, Kenneth Anderson. According to
Harrington, no other witnesses were expected to be called yesterday.
On the first day
of the hearing on June 27, L’Esperance spent much of the afternoon being
questioned by Anderson, Harrington had said. St. Pierre was also questioned for
four hours by both lawyers and Harrington testified as well. The hearing was
then continued to yesterday.
Contrary to what
was previously reported, the town did not subpoena retired police chief Richard
Merrill to testify. Harrington said the town requested Merrill appear for
questioning, but he respectfully declined.
The town did
subpoena retired Salisbury police chief Larry Streeter to testify, but he did
not appear, Harrington said. Since Streeter lives in New Hampshire, it would
take further legal action to compel him to appear, an option the town did not
pursue, the town manager said.
Investigations
into the Police Department began in January 2011 after L’Esperance was accused
of criminal misconduct. L’Esperance, who retired during the investigation, was
never charged with the crimes for which he was initially accused.
It was during St.
Pierre’s review of the Police Department that Thomas’ conduct was brought into
question by his fellow officers. Among other things, they claimed Thomas
studied for the bar exam while on duty and falsified an application to the FBI
Academy.
Although the
Salisbury Police Department is under civil service jurisdiction, Thomas
appealed his termination through the New England Benevolent Police Association.
The appeal hearing was run by an arbitrator, who will rule on whether Thomas’
firing was justified. According to Anderson, the final decision should come in
30 to 60 days.
Thomas was fired
following a disciplinary hearing in February when Harrington found him
“culpable” on two counts of conduct unbecoming an officer — failure to devote
full attention to his job by studying for the bar exam while on duty and a lack
of truthfulness for falsifying his career record on his application for
admittance to the FBI National Academy.
Two other charges
brought against him — failing to report department misconduct and trying to
exert undue influence over his fellow officers — were dismissed by Harrington.
For the
disciplinary hearing, Anderson subpoenaed a number of members of the Salisbury
Police Department who had accused Thomas of wrongdoing. However, subpoena power
was not in force during that hearing and officers did not appear for
questioning by Anderson. At the time, Anderson criticized the town for not
compelling Thomas’ accusers to testify.
After the firing,
Anderson said Thomas’ dismissal was a “bag job” and that the town “railroaded”
him, intending to terminate him from the start.