Post by KC on Jun 7, 2006 20:39:56 GMT -5
June 07, 2006 - A judge has issued a final ruling ordering the city of Oakland to hold arbitration hearings for three former Oakland police officers known as the "Riders" that will give them a chance to get their jobs back.
Alameda County Superior Court Judge Winifred Smith had issued a tentative ruling in favor of the former officers on April 27 but then held a hearing on the issue the next day and allowed attorneys to submit briefs afterward.
Her final ruling was made public this week.
The three former officers, Clarence "Chuck" Mabanag, 40, Jude Siapno, 37, and Matthew Hornung, 34, were formally dismissed from the Oakland Police Department in December of 2000 after they were charged with numerous criminal offenses for allegedly beating and framing suspected drug dealers in West Oakland in the summer of 2000.
Charges against the former officers included conspiracy to obstruct justice, filing false police reports, assault and battery, kidnapping and false imprisonment.
A fourth officer, Frank Vasquez, also was charged in the case, but he fled the country to avoid prosecution.
Hornung's lawyer, Edward Fishman, said today that Hornung is "absolutely elated" by Smith's ruling and "looks forward to having the opportunity to get his job back."
Siapno's attorney, William Rapoport, said Siapno is "very happy" with the ruling and "absolutely would like to work in Oakland again."
In June 2005, after Hornung was acquitted of all charges against him and charges against Mabanag and Siapno were dismissed because two lengthy trials ended with hung juries, all three former officers asked to have arbitration hearings because they want to return to work in Oakland.
But attorneys for the city of Oakland claimed that the former officers shouldn't be allowed to have arbitration hearings because they believed the former officers waived their right to arbitration when they asked to delay their hearings until after their trials.
However, Smith said it made sense for both the city and the former officers to put the arbitration hearings on hold during the trials.
"As a practical matter, there would have been little logic in proceeding with arbitrations having as their object the return of the petitioners to their positions as Oakland police officers while a criminal prosecution aimed at incarcerating them remained unresolved," Smith said in her ruling.
Smith also said the city dropped the ball by never responding to the former officers' request to delay the hearings during their trials.
In addition, Smith said it was hypocritical for the city of Oakland to claim that the three former officers should have arbitration hearings immediately after they were fired because the city asked for a delay in the arbitration hearing for another officer who was a colleague of the former officers.
Smith said the Oakland city attorney's office requested a delay in the hearing for Jerry Hayter, who had been demoted from sergeant to officer, writing that the Alameda County district attorney's office believed "it would jeopardize the criminal prosecution of this very serious matter if the arbitration were to occur in advance of the criminal trial."
Fishman and Rapoport both said they believe the city can't appeal Smith's ruling.
The city's outside attorney, Arthur Hartinger, was unavailable for comment, as was Oakland City Attorney John Russo.
Fishman and Rapoport both said they believe an arbitration hearing for the three former officers will be lengthy and take about six to nine months.
They said the hearing probably won't begin until late this year because it will take time to find an arbitrator and to coordinate the schedules of all the attorneys who will be involved in the hearing.
Hornung recently filed a lawsuit in federal court seeking $5 million in damages from the city of Oakland and other defendants, alleging that he has suffered loss of income, emotional distress and mental suffering, humiliation, defamation and loss of standing in the community.
Hornung's suit claims his civil rights were violated and he was slandered because of allegations that were made against him by two rookie officers and his subsequent dismissal from the Oakland Police Department and the two lengthy criminal trials.
His suit names as defendants the city of Oakland, the Oakland Police Department, former Police Chief Richard Word, internal affairs Sgt. Jon Madarang and former rookie officers Keith Batt and Steve Hewison.
In February 2003, the city of Oakland agreed to pay $10.5 million to settle a federal lawsuit filed by 119 Oakland residents who alleged misconduct by the "Riders" officers and other members of the city's police department.
Alameda County Superior Court Judge Winifred Smith had issued a tentative ruling in favor of the former officers on April 27 but then held a hearing on the issue the next day and allowed attorneys to submit briefs afterward.
Her final ruling was made public this week.
The three former officers, Clarence "Chuck" Mabanag, 40, Jude Siapno, 37, and Matthew Hornung, 34, were formally dismissed from the Oakland Police Department in December of 2000 after they were charged with numerous criminal offenses for allegedly beating and framing suspected drug dealers in West Oakland in the summer of 2000.
Charges against the former officers included conspiracy to obstruct justice, filing false police reports, assault and battery, kidnapping and false imprisonment.
A fourth officer, Frank Vasquez, also was charged in the case, but he fled the country to avoid prosecution.
Hornung's lawyer, Edward Fishman, said today that Hornung is "absolutely elated" by Smith's ruling and "looks forward to having the opportunity to get his job back."
Siapno's attorney, William Rapoport, said Siapno is "very happy" with the ruling and "absolutely would like to work in Oakland again."
In June 2005, after Hornung was acquitted of all charges against him and charges against Mabanag and Siapno were dismissed because two lengthy trials ended with hung juries, all three former officers asked to have arbitration hearings because they want to return to work in Oakland.
But attorneys for the city of Oakland claimed that the former officers shouldn't be allowed to have arbitration hearings because they believed the former officers waived their right to arbitration when they asked to delay their hearings until after their trials.
However, Smith said it made sense for both the city and the former officers to put the arbitration hearings on hold during the trials.
"As a practical matter, there would have been little logic in proceeding with arbitrations having as their object the return of the petitioners to their positions as Oakland police officers while a criminal prosecution aimed at incarcerating them remained unresolved," Smith said in her ruling.
Smith also said the city dropped the ball by never responding to the former officers' request to delay the hearings during their trials.
In addition, Smith said it was hypocritical for the city of Oakland to claim that the three former officers should have arbitration hearings immediately after they were fired because the city asked for a delay in the arbitration hearing for another officer who was a colleague of the former officers.
Smith said the Oakland city attorney's office requested a delay in the hearing for Jerry Hayter, who had been demoted from sergeant to officer, writing that the Alameda County district attorney's office believed "it would jeopardize the criminal prosecution of this very serious matter if the arbitration were to occur in advance of the criminal trial."
Fishman and Rapoport both said they believe the city can't appeal Smith's ruling.
The city's outside attorney, Arthur Hartinger, was unavailable for comment, as was Oakland City Attorney John Russo.
Fishman and Rapoport both said they believe an arbitration hearing for the three former officers will be lengthy and take about six to nine months.
They said the hearing probably won't begin until late this year because it will take time to find an arbitrator and to coordinate the schedules of all the attorneys who will be involved in the hearing.
Hornung recently filed a lawsuit in federal court seeking $5 million in damages from the city of Oakland and other defendants, alleging that he has suffered loss of income, emotional distress and mental suffering, humiliation, defamation and loss of standing in the community.
Hornung's suit claims his civil rights were violated and he was slandered because of allegations that were made against him by two rookie officers and his subsequent dismissal from the Oakland Police Department and the two lengthy criminal trials.
His suit names as defendants the city of Oakland, the Oakland Police Department, former Police Chief Richard Word, internal affairs Sgt. Jon Madarang and former rookie officers Keith Batt and Steve Hewison.
In February 2003, the city of Oakland agreed to pay $10.5 million to settle a federal lawsuit filed by 119 Oakland residents who alleged misconduct by the "Riders" officers and other members of the city's police department.