http://rdu.news14.com/content/your_news/triangle/default.asp?ArID=91451
Fired Durham police officer will fight for job
Updated: 9/25/2006 12:46:37 PM
By: Gretchen Bartelt
RALEIGH -- A former Durham police officer will fight to get his job back.
Scott Tanner was fired more than a week ago for allegedly getting into a fight with a cook at a Raleigh sports bar.
Tanner and fellow officer Gary Lee have been charged with assault.
They appeared before a Wake County judge who continued their hearing to October 30. So far neither has entered a plea.
According to police reports, the two off-duty officers were at Blinco's Restaurant and Bar on Glenwood Avenue July 20 for a "going away" party. When they were leaving, they encountered cook, Rene Thomas, who was taking a smoke break.
Thomas says he yelled, "Whoo-hoo!" after a truck carrying some of the officers peeled out of the parking lot.
He says a man in the truck in turn yelled a racial slur and then they fought.
After an internal investigation, Durham's police chief said his department has not been able to determine that any racial slurs were exchanged.
He is, however, satisfied that Lee and Tanner instigated the incident and fired them, saying his department doesn't see a need to wait for a verdict from the legal system.
Tanner's attorney says he will file paperwork with the city and appeal to get his job back in the next few days.
No word yet if Lee will do the same.
Ultimately the decision could fall into the hands of Durham's city manager.
Three other Durham officers have been cleared in the assault case, including investigators working on the Duke lacrosse rape case.
Thought I'd pass along some information from a former Deputy AG in NC. The story going around the NC legal community is that Nifong's case is built on air (yeah, yeah, we already knew that). At the beginning of this debacle in March, Nifong was convinced that something violent happened in the house but couldn't prove anything. His tried and true formula was to turn the screws ever tighter to get the players to flip -- it has worked before. The indictments were a last-ditch attempt to get one of hte players to flip. The most telling comment from Nifong was words to the effect that "once indictments come down, criminals start turning on each other." It simply never occurred to Nifong that there was no assault of any nature, let alone a violent gang rape. Nifong believed in his bones that once the indictments came down, at least one of the players would come forward with "the truth," except Nifong never accepted that the truth would be that nothing happened. Now he has no way out unless a court starts excluding evidence or a hury acquits. The NC legal community is embarrassed by this whole affair, making the good state of NC look like a banan republic.
What a dirtball to pursue this strategy.