CNT Officers Transferred
In early October, 2010 the Delatorre brothers and Eric Broome received unofficial word that they were to be transferred out of CNT.
According to documentation provided by Interim Chief Tolbert, on October 29, 2010 Mike Delatorre, Pete Delatorre and Eric Broome were transferred by “special order” of Chief Lovett from CNT to Patrol Division precincts.
While there is a policy providing for rotation of CNT officers back to SCMPD after five years, it had infrequently been adhered to because many believed it made no sense from an efficiency standpoint. CNT management personnel did not agree with the transfers of the Delatorres and Broome and could not understand them.
It is quite unusual for the Chief to issue special orders for transfers to precincts and the transfers of the Delatorres and Broome were viewed by some as possible retaliation.
Case Closed
On November 16, 2010 Captain Hank Wiley prepared a Letter of Transmittal (LOT) covering the completed IA Report and recommending the cases against Willet Williams and Malik Khaalis be closed and that the allegations against them be found Unsustained. The LOT was initialed by both Wiley and Lovett.
The Wiley LOT a Problem
It is not normal procedure for IA to prepare a LOT. The SOP is for IA to send their completed Report to the subject’s commander. That individual then has the responsibility for preparing a LOT and making recommendations for any disciplinary action. The LOT and Report are then sent up the chain of command for final action. That procedure was obviously not followed on this case. The IA position is that Wiley prepared the LOT because CNT would not do their job.
Captain Paul McBurney, who, as senior SCMPD officer at CNT, should have received the completed IA report and prepared the LOT. McBurney was never contacted at all by IA and never received the IA Report for review.
CNT personnel recounted a case of a female SCMPD officer who had lied about attendance at a training session and was fired upon the recommendation of Willie Lovett, who at the time was Assistant Chief. CNT personnel were outraged by the outcome of the Khaalis case and believed the allegations against Khaalis to be much more serious and sustained than the earlier case where the female officer was fired.
CNT and FBI Allegations Discounted
In his LOT, Wiley stated flatly that the allegations made by CNT and the FBI failed to prove any SCMPD policy violations.
In the first place, MDBI notes that this is decidedly odd. Instant repmt documents numerous activities on the part of Khaalis that could reasonably be considered to be in violation of policies concerning AWOL, lying, insubordination, violating Title III protocols, etc. In the case of Willet Williams there certainly is evidence of possible involvement in illegal drug transactions.
In the second place, MDBI observes that lA may be using an unusual standard of proof. They appear to be saying that because the allegations were not proven beyond a reasonable doubt, they were not sustained. But in most civil cases, administrative cases and Grand Jury cases, the standard employed is Preponderance of the Evidence. Under this standard, the burden of proof is satisfied if it is concluded that there is a better than even (51%) chance that the allegations are true. This is the standard used by the FBI’s Office of Professional Responsibility and likely by most police departments in handling non-criminal misconduct cases.
The LOT Made Untruthful Representation
The LOT unequivocally states that the City Attorney’s Office was asked to review the information given to the Office of Professional Standards (lA) and concluded there was no evidence o f illegal activity by Agent Khaalis.
James Blackburn, who in 20I0 was City Attorney and Peter Giusti, who was his Assistant, denied their office never received such a request and no record of such a request was found. Further, the City Attorney’s Office represents Savannah in civil matters and has nothing to do with making assessments of the potential criminality of activities.
Wiley was instructed by Chief Lovett to prepare the LOT and put in the language about requesting a City Attorney review. During this process he had no contact with the City Attorney’s Office.
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