Mayor Announces Appeal Against Sergeant Hanley’s Reinstatement

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Community event promoting police accountability in Providence, Rhode Island.

News Summary

Providence Mayor Brett Smiley plans to appeal the decision to reinstate Sergeant Joseph Hanley, who was found guilty of excessive force during a 2018 arrest. Hanley’s actions have raised concerns about public trust in the police force. The appeal will proceed in Rhode Island Superior Court, as the city seeks to contest Hanley’s reinstatement following numerous attempts to terminate his employment. Police Chief Oscar Perez and reform advocates have criticized the panel’s ruling, highlighting the need for accountability in law enforcement.

Providence, Rhode Island – Mayor Brett Smiley has announced plans to appeal the controversial decision made by a law enforcement panel to reinstate Sergeant Joseph Hanley, who was found guilty of excessive force in a 2018 incident involving a handcuffed suspect. This unrest stems from Hanley’s actions during an arrest where he kicked, punched, and verbally assaulted Rishod Gore, who was on the ground at the time. The appeal will be filed in Rhode Island Superior Court within this week.

Sergeant Hanley is set to return to duty on September 3. However, his reinstatement follows a tumultuous five-year period during which the Providence Police Department tried unsuccessfully to terminate his employment under two police chiefs and two mayors. The decision to reinstate him was made by a panel operating under the now-repealed Law Enforcement Officers’ Bill of Rights (LEOBOR), which ruled in a 2-1 vote in favor of Hanley after he served a 45-day suspension.

In light of the decision, Mayor Smiley expressed concerns regarding the potential erosion of public trust in the Providence police force, citing that Hanley’s conduct “fell short of the high standards” expected from police officers. He emphasized that the decision to reinstate Hanley could damage the department’s credibility within the community.

Vincent Ragosta, the city’s attorney handling the appeal, noted the difficulty of winning such administrative appeals. A significant aspect of the appeal will revolve around Hanley’s assertion that prior to the termination efforts, he was presented with a 45-day suspension.

During the panel hearings, which were private, it was determined that Hanley violated departmental policies related to the use of force and body-worn cameras. Despite these violations, the panel cleared him of certain charges, asserting he deserved a second chance. Cranston Police Major Todd Patalano and retired Providence Sergeant Robert Boehm voted for Hanley’s reinstatement, while Providence Police Commander Timothy O’Hara dissented, referring to Hanley’s history of volatility and aggressive behavior.

In the initial incident, Hanley was caught on camera physically assaulting Rishod Gore while using derogatory verbal remarks. Hanley pled no contest to an assault charge related to this incident, which resulted in the charge being dropped but led to a probation sentence. His first trial in 2021 ended with an assault conviction; however, a mistrial ensued due to the jury’s inability to reach a unanimous decision during the appeal phase.

Moreover, the city is currently disputing approximately $465,000 in back pay that Hanley claims is owed to him from his suspension, asserting that he is not entitled to these funds. Justice Alice Gibney previously noted that Hanley’s own legal delays contributed to his unpaid status. Although the circumstances of his suspension may allow him to retire after 20 years of service, the city may contest his eligibility for pension benefits post-reinstatement.

Police Chief Oscar Perez has voiced strong disapproval regarding the panel’s verdict, stressing the necessity for police accountability to foster trust within the community. In addition, organizations advocating for police reform have condemned the decision, advocating for a culture of accountability in law enforcement.

Looking forward, it’s noteworthy that a new law is set to modify the composition of the LEOBOR panel, expanding it beyond three members to further bolster accountability measures in law enforcement activities.

This situation continues to unfold, with the appeal process now poised to analyze and possibly alter the outcome of Sergeant Hanley’s reinstatement, amidst broader discussions surrounding police conduct and community relations.

Deeper Dive: News & Info About This Topic

HERE Resources

Mayor Smiley Plans to Appeal Decision for Sergeant Hanley’s Return
Providence Police Sergeant Cleared for Reinstatement

Additional Resources

HERE PROVIDENCE
Author: HERE PROVIDENCE

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