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Attorney disputes officer's allegations
By LEANORA MINAI © St. Petersburg Times, published January 5, 2001 TAMPA -- A former attorney for the city of St. Petersburg denied Thursday in federal court that he ever said the police chief sought to fire Karen Lea, a former officer who has sued the city for up to $300,000. Attorney Robert Eschenfelder also denied saying that Police Chief Goliath Davis III lobbied the mayor and others to uphold the discipline Lea received for making profane remarks about an employee's sexuality. "That's ridiculous," Eschenfelder told jurors. Eschenfelder's testimony came on the third day of Lea's trial against the city. Lea has alleged that Eschenfelder once told her Davis wanted her fired and that she lacked credibility. In her suit, Lea says she is a victim of retaliation. She says she was harshly disciplined because she complained about a subordinate officer who made sexually suggestive remarks to her. Lea was demoted from sergeant to officer, and suspended, after a March 1998 incident in which a computer manager inadvertently deleted a file Lea had worked on for two hours. Lea berated him and made profane comments about his sexuality. "I was angry," Lea testified Thursday. For Lea's retaliation claim to stick, she must convince seven jurors that she genuinely thought she was being sexually harassed when Officer James McConaughey made sexually suggestive comments to her. Although Lea wrote a memo describing the comments as inappropriate, the city contends Lea never submitted an official sexual harassment complaint. Furthermore, the city says, she took action against the city only after she lost an appeal of her demotion. Much of Thursday's testimony focused on Lea's credibility, or on a comparison between her punishment and the discipline given Officer McConaughey. Eschenfelder, the former assistant city attorney, acknowledged in testimony Thursday that he spoke with a city hearing officer after a grievance hearing for Lea. Lea's attorney asked Eschenfelder if the hearing officer considered her demotion and suspension excessive. "Yeah, that was part of his initial thoughts -- that it might be too severe," testified Eschenfelder, who now works as an attorney for Manatee County. Distinctions also were made Thursday between discipline given to Lea and to other officers. Even though McConaughey abused alcohol, dropped his shorts and cussed at other officers and hospital nurses, he received milder discipline than Lea. In a routine procedural matter, U.S. Distict Court Judge Ann Aldrich ordered both parties to prepare written arguments on why the case should, or should not, be thrown out. Recent coverageFormer police officer: Discipline was biased (January 4, 2001) Chief conflicts (December 3, 2000) Judge removes police chief from lawsuit (May 3, 2000) Ex-officer's lawsuit alleges retaliation by the brass (March 11, 2000) Attorney to give statement on chief (September 10, 1999) One more chapter in the saga of the police chief (August 31, 1999) Davis brings change, spawns controversy (May 30, 1999) Defender of chief is also his inquisitor (May 15, 1999) Investigators: Testimony led to punishment (May 8, 1999) Ex-officer's lawsuit claims retaliation (February 23, 1999) Who truly gets dignity, respect at police station? (February 9, 1999) St. Petersburg chief walks tightrope (June 14, 1998)
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