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April 28, 2006

Court overturns firing in police testing scandal

PROVIDENCE – A Providence police sergeant who was fired last year for being involved in a rigged promotions scandal has won her appeal. Her lawyer today said he would move for back wages.

Sgt. Tonya King-Harris an 18-year police veteran, was alleged to have cheated on her promotions by getting an advance copy of the source material for the sergeant’s test. A Bill of Rights hearing panel upheld Chief Dean M. Esserman’s recommendation to fire her.

But Superior Court Associate Judge Edwin J. Gale vacated the decision on Thursday because he found that the city’s case relied on hearsay from a “known liar” – retired Police Chief Urbano Prignano Jr.

--Journal staff writer Amanda Milkovits

The retired chief testified in the Plunder Dome corruption trial that he’d helped King-Harris and others cheat.

King-Harris’s lawyers had argued that her rights were violated because she was deprived of an opportunity to cross-examine her accuser – Prignano and his right-hand man, retired Capt. John Ryan, refused to testify in the hearing.

While Gale lauded the city’s efforts to rid the Police Department of corrupt officers, the judge also wrote that it was “sadly ironic” that the city relied upon the statements of a chief who was largely responsible for the corruption.

Yesterday’s decision means that the sergeant is entitled to a new disciplinary hearing, this time without the testimony or statements from Prignano or two other retired police commanders.

Howard Croll, one of the sergeant’s lawyers, called yesterday’s decision “a tribute to fundamental fairness.” He intends to seek back pay for King-Harris, which he said will be “a substantial amount.”

Four officers were accused of being involved in a promotions scandal at the Police Department. King-Harris was the only one fired. Two other officers were demoted and suspended without pay. Capt. Martin F. Hames retired.

Esserman declined comment this afternoon until he has read the decision and spoken with the city’s lawyers. Vincent Ragosta, the Providence lawyer who represented the city, was not available for comment.

--Journal staff writer Amanda Milkovits

Posted by Steve Peoples  at 3:49 PM | Permalink

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