Source: 13WHAM TV, WHEC TV
Rochester, NY -- Police Chief David Moore said four Rochester Police Officers accused of responding inappropriately to an alleged gay bashing attack last June will go back to work Tuesday.

The officers were suspended after an internal police investigation into their handling of a reported gay bashing incident.

Five people claim they were victims of a hate crime on June 1, 2007 on S. Goodman Street. They claim they were attacked while walking home from a bar because some members of their group are gay.

The alleged victims claim the officers who responded to the scene refused to help them and let the suspects go free, but arrested three members of the group that called in the complaint. The alleged victims accuse the officers of using anti-gay slurs themselves. The alleged victims are suing the police department for violating their civil rights.

Six officers face departmental charges relating to the incident. Four of the officers have been suspended since October.

The charges have not been made public. Sources tell 13WHAM News the officers are accused of violating the courtesy policy, failure to supervise, failure to take a report, and lack of probable cause to make an arrest. Union officials confirm those are some of the charges, but would not detail all of the allegations. The officers do not all face the same charges.

The officers had been on administrative leave and although an arbitrator is now involved and an internal investigation is still happening the chief said it's the right time to let the officers come back on duty.

“I don’t think it’s fair to ask anyone to be held in limbo, particularly these officers,” said Moore. “I do feel very confident they can come back and we can utilize their services and I was hopeful we would have this resolved by now but that's not the case.”

“The officers were suspended for a reason,” said Christopher Hinesley, executive director of the Gay Alliance of the Genesee Valley. “We don’t know all the details and we may never know.”

“What we do know is that there was an inappropriate response to a hate crime or what we believe may have been a hate crime,’ said Hinesley.

While the arbitrator will make a recommendation, the chief will make a final decision about the officers, but that could be months away.

A criminal police report into the incident obtained by 13WHAM News raises questions about the alleged victims’ credibility, according to a report by the station. The criminal report did not find any evidence of a hate crime, the station reports. A grand jury did not charge anyone in connection with the incident.

Moore has said the officers “let the community down,” but has not elaborated on what they are accused of doing wrong.

Moore stands by his decision to suspend the officers.

“I do think there’s a tremendous amount of anticipation for a resolution to this case. We’re not there yet,” Moore said. “I believe very strongly in due process for the officers.”

“I’m glad to see them returning to work. I don’t know what’s changed since October. In my mind, there wasn’t a need to suspend them,” said police union vice-president Mike Mazzeo.

The next step in the disciplinary process is arbitration, but the union has not agreed to participate.

Mazzeo said the department’s top brass immediately believed the victims and not the officers, and conducted their investigation accordingly. “It was an overreaction and unjustified, and has had the affect of handcuffing all of our officers trying to their jobs in the streets.”

Mazzeo said the officers have not seen the PSS report on their conduct, but at least part of the report might become public during a trial of one of the alleged victims of the gay-bashing incident.

Three of the victims were arrested by officers the night of the incident and charged with disorderly conduct. Alexander Terrance pleaded guilty. Josh Lieberman is awaiting trial. A third man, Peter Schmitt, received an adjournment in contemplation of dismissal.

Lieberman was supposed to go on trial last week. John DiMarco, his attorney, told the judge that the prosecution may be withholding exculpatory evidence. DiMarco said he obtained a letter from Chief Moore to one of the suspended officers. DiMarco said that letter indicates the officer did not have probable cause to arrest the alleged victims. DiMarco wants to know more about how the chief came to that conclusion. The evidence he is requesting could include portions of the PSS investigation, and grand jury testimony.

“In the context of this case, my client is adamant about his lack of criminal actions,” DiMarco said.

Full article: Suspended RPD Officers Back to Work | 13WHAM TV News
 Rochester Police Officers accused of alleged gay bashing go back to work | WHEC TV News