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By PORAC | November 1, 1999 | Posted in PORAC LDF News

Veteran Hemet Officer has Demotion Overturned

Arbitrator Mark Burstein recently overturned the demotion from corporal to an officer of 17- year Hemet police officer Duane Wisehart. Wisehart is not only a career veteran of the Hemet Police Department but has also served as president of the Hemet Police Officer’s Association.

After a multi-day hearing, during which Wisehart was represented by panel attorney Bob Krause, law offices of Castle & Krause, Temecula, California, Burstein ruled that the penalty of demotion was excessive and more importantly, that the vast majority of the charges brought against Wisehart were unfounded. Wisehart, to his credit, admitted culpability, where there was some and Burstein, applied a minor degree of discipline. Wisehart has been reinstated to his position as a corporal after almost a year of trying to resolve this matter short of a hearing.

The department thought this matter so serious that it assigned not one, but two lieutenants to investigate and prosecute the case against Wisehart. Attorney Krause was able to dissect the “evidence” compiled against Wisehart during the multi-day hearing. Most interesting was a particular exhibit which purported to support the allegations of misconduct.

Through cross-examination, it was determined that the facts did not even come close to supporting the evidence upon which the chief of police and the city manager relied upon in support of their joint recommendation of demotion.

Rather than seek out evidence and evaluate the evidence for what it was, the department only sought out and evaluated evidence that was incriminating. Any exculpatory information was not thought to be relevant. How many times do we have to see this case (insert any name, department or jurisdiction you want) before police departments start to get a clue? Krause commented, “Whatever you do as an association leader, please monitor the investigative techniques and findings of your department.

This is a classic example of what can happen when we do. When we test the department’s evidence, motives or whatever else, injustices can be overcome. This is yet another example of when without the resources of PORAC LDF, another career would have been lost.”