From the
Laconia Citizen Online
Tuesday, February 6, 2007
Suspended officer's attorney seeks injunction
By CUTTER MITCHELL
jmitchell@citizen.com
ALTON - The attorney for a suspended ranking town police officer accused of wrongdoing has gone to court, alleging Alton officials are illegally withholding information about his client.
Attorney George Wattendorf, who is representing Lt. Ed Correia, has filed a petition for injunctive relief against the town for allegedly failing to turn over documents which relate to upcoming proceedings against Corriea.
Wattendorf said, while he has received Board of Selectmen minutes where the investigation was discussed, he has yet to receive any information from the town regarding the four-month investigation into his client and two other officers, former Police Chief Kevin Iwans and Capt. Charles Anderson who have since left the department. Correia currently is on suspension.
Wattendorf has specifically asked for any evidence the town has against his client in order to prepare a defense.
"We need to see them if they exist. It wouldn't be fair to have a trial by ambush," said Wattendorf.
Town Attorney James Sessler, who with Town Administrator Russell Bailey has headed the investigation into Correia and others, said anything that was requested and not turned over was due to an oversight and would be corrected once the material in question is located.
Other than that, "He's not getting anything he's not entitled," said Sessler.
With the injunction that Wattendorf is seeking, all material regarding the investigation would have to be turned over to a judge who then would determine what materials the defense is entitled to.
"I'm just very thankful that the Legislature has the foresight to protect police officers from this kind of political retribution," said Wattendorf.
In addition to the injunction, Wattendorf has submitted a letter to Sessler, stating that at least four people have come forward complaining about the actions of newly promoted Captain in Charge Ryan Heath and his use of departmental time.
In the letter, Wattendorf alleges, "during the course of preparing my defense, I have developed information that while Ryan Heath was on duty as an Alton police officer, he would conduct his private contracting business during duty hours. One source indicates that Heath would go to his private construction job site in a town cruiser, in uniform, to check on a house he was building and talking with persons on site."
Other alleged misconduct reported in the letter includes inappropriate use of town phones and computers, also relating to benefit of Heath's private contracting business.
The letter goes on to say, "It would appear that this conduct would be in violation of town policies. I am assuming this matter will be investigated and that you will take this matter as seriously as you did your investigation of Lt. Correia."
"Fair is fair. There shouldn't be any deviation in standards. They should be handling these accounts in the same way they are going after Officer Correia," said Wattendorf.
The alleged misconduct Wattendorf refers to is very similar to several of the charges brought against Correia, for which he now is facing termination, pending the outcome of a public hearing into the matter.
Sessler said he was aware of the allegations against Heath, as it had been brought to his attention back in September by Correia. While Sessler said Heath has been investigated, he would not comment on the outcome of the investigation, as any disciplinary measures are protected from public release.
Sessler did say that additional charges may be sought against Correia and Wattendorf for releasing the information regarding Heath's conduct.
"I think it's evidence that they are acting on a double standard," responded Wattendorf, saying the town is seeking to have Correia fired for alleged misappropriation of duty hours while Heath has been promoted to captain and is the acting chief for the Alton Police Department even though he has had similar allegations brought against him.
Wattendorf asked members of the community to come forward with information that might help in Correia's defense.