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October 7, 2011 in City
City must turn over e-mails for Mehring suit
The city of Spokane must produce emails regarding its contract with a Police Department psychologist as part of preparation for a wrongful termination lawsuit filed by a detective, a judge ruled this week.
Defense lawyer Bob Dunn requested the emails because of what he believes is misconduct by the city regarding the employment of police psychologist Dr. Deanette Palmer.
Dunn is representing Spokane police Detective Jay Mehring in a $3.5 million suit against the city. Mehring contends the city didn’t renew Palmer’s contract because she had ruled he was fit to return to duty.
Spokane County Superior Court Judge Kathleen O’Connor said Thursday that Palmer does not have to provide Dunn e-mails about her contract with the city because she’s not involved in Mehring’s civil case, other than as a witness. But the city is a defendant and must provide the emails as soon as possible.
Mehring recently asked the Sheriff’s Office to investigate allegations that police Chief Anne Kirkpatrick and city attorneys engaged in felony witness tampering by failing to renew Palmer’s contract.
Assistant City Attorney Ellen O’Hara blasted the witness tampering claim in court Thursday, calling it baseless and “literally defaming.”
O’Hara said the city has always planned to renew Palmer’s contract.
“(City Attorney Rocky Treppiedi) is a very busy man,” O’Hara said. “This is a minor $10,000 to $15,000 contract. It was not on top of his list and he didn’t get to it. And he even apologized to Dr. Palmer.”
O’Hara continued, “What this really is, is an attempt by the plaintiff to smear Chief Kirkpatrick and the city” and to taint the jury pool by building on “all the smearing” from the Otto Zehm-Karl Thompson case.
“It’s clear to Dr. Palmer and the city that the chief wants the contract renewed,” O’Hara said.
But Dunn emphasized that when asked in deposition if she felt her work with Mehring had adversely affected her relationship with the city, Palmer responded, “definitely.”
O’Connor said the issue could be discussed during the civil trial, and e-mails outlining the issue could be entered as evidence.
O’Connor said the request for e-mails should be filled quickly because they should be readily available in city records. The lawyers are preparing to begin a jury trial Oct. 17 for a case that stems from Mehring’s termination in 2007 amid reports that he threatened to harm his wife. He was acquitted of those charges and reinstated with back pay. Mehring, 43, has been on paid leave since Sept. 9, 2010, after Kirkpatrick determined he was unfit for duty based on claims he’d made in his lawsuit.
O’Connor criticized lawyers on both sides Thursday, calling the case “dysfunctional.”
Human trafficking suspects released 
de3 on October 07 at 2:41 p.m.
How many SPD officers and SCSO deputies are on paid leave?
How much does this cost us per year?
Is there any productive task these employees could be doing for our government instead of long term extended vacations?
brianrbreen on October 07 at 2:56 p.m.
This is a start. But what you have to do once you get the discovery is to analyze what the search parameters were to quarry the server, have someone take a look at those parameters and you will likely find they were very limited. Hire an expert to look at each individual hard drive and the deletions made from that hard drive. You may find that the computer used by one of the parties was destroyed (heard that before) so then you ask a bunch of questions where did it go, etc. The County tried the same BS but lost.
There is no question in my mind that Judge O’Connor’s decision will be appealed by the City or the case will be settled, but not just because of the Mehring case, also because of the Zehm case, the Harvey case, the Thoma case, and several others.
It will be interesting to see whether or not Ozzie’s people actually do an investigation or not, I suspect not. But I could be wrong. The SCSO investigators know what steps are necessary for a REAL investigation they also realize the political implications involved. So it will be a question of integrity.
brianrbreen on October 07 at 3:42 p.m.
What is really kinda of funny about Spokane is that we end up being about 5-6 years behind the east coast. The folks on the east cost after a number of cases decided that if we are going to be smart now, when we have something we don’t want anyone to know we will have private meetings in person and just hope they aren’t wired. Not long ago the city adopted the same philosophy, why I have no idea.
The problem from the city’s perspective is you never know who has what or where they got it.
Truthhurts on October 07 at 6:07 p.m.
My “street sense” is that Verner is losing ground fast on Zehm and the general Treppiedi behavior issues, but that she is going to win the election because things “dawn” on the public very slowly.
By December, she will have won but be a battered 4-year lame duck as public revulsion will rise against her, but post-election.
In any event, the whole “circle your wagons” and attack all who are not within your “groupthink” is deeply pathological, and cannot be cured with Ms. Verner’s gentle ways.
brianrbreen on October 07 at 6:29 p.m.
@Truthhurts
You are very likely right.
Ron_the_Cop on October 07 at 9:31 p.m.
Oh Boy! Mr. Dunn is at it again. Gee I’m getting very tired as A TAXPAYER in paying for his judgments for his clients from the stupidity of our elected and appointed governmental officials. Mr. Dunn only takes cases he knows that there will be a big paycheck.
Mayor Verner if you want to have any hope of winning this election you need to fire IMMEDIATELY:
Chief Kirkpatrick
Asst. Chief Nicks
City Attorney Delaney
Asst. City Attorney Treppiedi
and
Fire Chief Williams - there are plenty of reasons AMR for one
and
Pull the plug on the Zehm civil case NOW and settle!
Reinstate the SPD Crimes Against Property Unit - this is tantamount to malfeasance in office and you know it. This is a Three Care Monte scam. Rip the PD to get more money from the taxpayers to cover your fraud losses and other wasteful spending.
Act to stem these losses now or you will be toast in this election.