Two high-ranking Hollywood cops won't face criminal charges

12/12/2014

High-ranking Hollywood cops dodge charges for breaking law

Two high-ranking, well-paid Hollywood cops under investigation for deleting Internal Affairs files will not face criminal charges, their attorneys said this week.

Assistant Police Chief Ken Haberland, who yearly earns $112,216, and Maj. Norris Redding, who earns $103,459, have admitted to inadvertently violating state law and will each face a civil fine up to $500, court records show. It remains unclear whether the files they're suspected of deleting have been recovered.

Neither Haberland nor Redding will return to their official positions until the department completes its own internal investigation, Police Chief Frank Fernandez said.

Their troubles began in September 2013 after an internal audit requested by the chief raised questions aboutwhether they destroyed Internal Affairs reports in which they or their friends were involved. The reports were required to be kept as public records under state law, sources said at the time.

Haberland, 48, and Redding, 53, were relieved of duty with pay after the Broward State Attorney's Office notified the department they were under criminal investigation.

In a deal worked out with the State Attorney's Office, both men will instead be charged with a civil infraction. They will each face a fine up to $500.

They must also pay the Broward State Attorney's Office $7,559.68 to cover the costs of the investigation, and have agreed to make monthly payments of $629.97 until the debt is paid.

"They did what they thought was lawful," said Eric Schwartzreich, attorney for Haberland. "They didn't do anything wrong."

Mike Gottlieb, attorney for Redding, compared the civil citation to a speeding ticket.

"Their intention was to follow the law," Gottlieb said. "Our clients are innocent of any criminal wrongdoing."

According to the settlement, from Dec. 8, 2010 through Jan. 7, 2011, Haberland and Redding deleted from computer records the names of officers who'd been under investigation by Internal Affairs. They failed to send "close out" reports to City Hall and did not destroy the actual physical files.

Soon after, the men were transferred out of Internal Affairs.

Because of their actions, the department on 12 occasions from April 2011 through January 2013 failed to respond accurately to public records requests for complaints filed against officers, because the department was relying on its electronic files.

Hollywood resident Jerry Viskocil, a frequent critic of the Hollywood Police Department, said he wasn't at all surprised by news of the deal.

"They're going to cover up for each other," he said of prosecutors and police. "There is no doubt that Internal Affairs is corrupt. As long as you go along with the good ole boy network, you're going to move forward."

For nine months, Haberland and Redding remained home while collecting a paycheck.

They returned to work in June, but because they were still under investigation by the State Attorney's Office they were not allowed to go back to their jobs. Instead, they were given administrative duties outside the police department.

Neither Haberland nor Redding will be back on the force any time soon.

The department is now doing its own investigation to determine whether the men engaged in misconduct, the chief said.

Fernandez declined to say whether the men might face demotions if the investigation determines they engaged in misconduct. He also declined to say whether the deleted files had been recovered.

Haberland's attorney says the men are both eager to return to work.

"For the past 14 months, it's been a living hell for them," Schwartzreich said. "They want to get back to their lives and get back to work."

Haberland will return to work at the department, but not as assistant chief. Redding is already working at the department, but not as a major or police officer. The men will remain relieved of duty and work in an administrative capacity, the chief said.

Rank and file officers were relieved to learn their longtime supervisors would not face criminal charges, said Jeff Marano, president of the police union.

"Everyone is happy they're not facing charges," Marano said.

Still, Marano says the officers expect Haberland and Redding to face discipline if the internal investigation finds they ran afoul of department policy.

"If they violated anything administratively, we want them treated just like anyone else," Marano said.

In Haberland's absence, the chief has named two longtime Hollywood officers to serve as second in command.

Earlier this year, Fernandez promoted veteran Tomas Sanchez to assistant police chief. Because Hollywood has two assistant police chiefs, Maj. Chris O'Brien has been temporarily placed in the role of acting assistant chief.

source