Mayor Smiley Plans to Appeal Decision for Sergeant Hanley’s Return

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Community members in Providence rallying for police accountability and justice.

News Summary

Providence Mayor Brett Smiley announced plans to appeal a ruling that reinstates Sergeant Joseph Hanley, previously involved in a controversial incident. The move follows a hearing panel’s decision allowing Hanley to return to the police force after a 45-day suspension despite concerns about his conduct. Attorney Vincent Ragosta is set to file the appeal in Rhode Island Superior Court, as community trust in law enforcement hangs in the balance amid ongoing debates about police accountability.

Providence – Mayor Brett Smiley has announced plans to appeal the recent decision that allows Sergeant Joseph Hanley to return to active duty with the Providence police force. Hanley was involved in a controversial incident five years ago where he was seen kicking, punching, and verbally abusing a handcuffed man, Rishod Gore, on a city sidewalk.

Vincent Ragosta, the city’s attorney, is expected to file the appeal in Rhode Island Superior Court later this week. Mayor Smiley expressed his concerns about Hanley’s conduct, stating it did not meet the high standards required of Providence police officers. He added that the decision to reinstate Hanley could further damage community trust in law enforcement.

Sergeant Hanley is set to rejoin the police department on September 3. A recent hearing panel ruled by a 2 to 1 vote to reinstate him after he had served a 45-day suspension. As part of his return, Hanley will also need to undergo retraining. The Providence Police Department had made attempts to fire Hanley during the terms of two chiefs and two mayors over the past five years, but those efforts had been unsuccessful until now.

The decision to reinstate Hanley was made by a hearing panel functioning under the now-defunct Law Enforcement Officers’ Bill of Rights (LEOBOR), which included a three-member panel consisting of one officer selected by Hanley, one from the police department, and one jointly selected. This panel concluded that, while Hanley had violated the use-of-force policy four times and failed to activate his body-worn camera, there was insufficient evidence to confirm that he kicked Gore in the head, instead suggesting his knee was positioned on Gore’s shoulder.

Hanley was previously convicted of assault by a District Court judge, but a subsequent jury trial ended with a mistrial when jurors could not reach a unanimous verdict. He ultimately pleaded no contest to a charge of assault in December, leading to a probation sentence. The LEOBOR hearing process was characterized as administrative and held behind closed doors, not criminal in nature.

The dissenting opinion in the panel’s decision came from Providence Police Commander Timothy O’Hara, who expressed serious concerns regarding Hanley’s character, describing him as “prone to volatility, violence, vulgarity, untruthfulness.” O’Hara’s concerns were fueled by the video evidence that showcased Hanley’s conduct during the incident.

In the wake of national discussions around police conduct following the George Floyd incident, Hanley’s firing was viewed as politicized. The panel indicated that their decisions were often overshadowed by political considerations, which compromised objective analysis in high-profile cases. Hanley’s attorney contended that the punishment of a 45-day suspension was consistent with disciplinary history for similar infractions.

Currently, there is a dispute regarding nearly $465,000 in back pay that Hanley claims he is owed from his suspension. City lawyers argue that he should not be entitled to this payment, citing a 2021 ruling from Justice Alice Gibney which upheld the continuation of Hanley’s unpaid suspension. Notably, Hanley has accrued 20 years of service while suspended, which qualifies him for maximum pension benefits upon retirement.

Providence Police Chief Oscar Perez has publicly voiced his disagreement with the ruling to reinstate Hanley, stressing the importance of community trust and accountability in policing. Moreover, the Executive Director of Black Lives Matter Rhode Island has also voiced support for the police department’s stance against Hanley’s reinstatement.

The implications of this case extend beyond the individual officer, resonating deeply within the community and carrying significant weight in the broader conversations surrounding police conduct and accountability.