Political bigwigs testify in officer’s suspension case; federal jury set to deliberate

By William Kaempffer
Published: Thursday, December 8, 2005 3:00 AM EST

NEW HAVEN — A federal jury is expected to begin deliberating today whether a city police officer’s suspension violated his First Amendment right to free speech.

As the trial came to a close Wednesday, Police Chief Francisco Ortiz Jr. and Mayor John DeStefano Jr. testified Wednesday about their roles in the politically charged arrests of two ministers, the public apology and subsequent dismissal of the case.

Officer Arpad Tolnay, one of the arresting officers, claims he was disciplined after he complained about improper political interference in the case. The two ministers, Armando Hernandez and Daniel Rodriguez, were power brokers in the Hispanic community and allegedly had close ties to the mayor.

Lawyers for former police Chief Melvin H. Wearing, whom Tolnay sued in federal court, maintain the officer was suspended because he was insubordinate to the chief and not because of a vendetta.

Subpoenaed to the stand, DeStefano testified he spoke with Wearing after the July 2002 arrests but couldn’t recall what was said. A few days later, he went to the Second Star of Jacob Church and apologized for the incident, which Tolnay’s lawyer Karen Torre characterized as pandering to vote-getters at the expense of good police officers.

"Isn’t it true that Daniel Rodriguez and Armando Hernandez are considered political activists and leaders in New Haven’s Hispanic community?" Torre asked Ortiz, who in 2002 was the captain of patrol.

"I believe so," replied Ortiz.

After the arrests and a subsequent motor vehicle stop, Ortiz was critical of Tolnay for including in a police report that the ministers were essentially above the law because of political clout.

Ortiz testified, however, that neither Rodriguez nor Hernandez received any special treatment from him because of their political value. In 2003, Torre noted, both ministers lobbied hard for Ortiz to become chief.

With all the big names taking the stand, some of the most noteworthy testimony came from a secretary in Superior Court.

Sherri Murawski, a secretary in the prosecutors office, said Wearing came to her boss’ office in early August and asked him, in effect, to take care of the cases and that he didn’t want the ministers to have to come to court.

The cases were disposed of and the meeting lasted only a few minutes, she said.

That contradicts testimony from Wearing and former Supervisory State’s Attorney David Newman.

Tolnay was sent to the Second Star of Jacob church on July 26, 2002, after neighbors complained about a loud church revival. When police arrived the second time, Hernandez refused to turn down the music and began inciting the parishioners into an angry mob, police said. He was charged with breach of peace.

Rodriguez showed up a few minutes later and was arrested for interfering with police.