The attorney General Guidelines on internal affairs states:
"Where county prosecutor has decided to terminate a criminal investigation and return the matter to the agency for appropriate disciplinary action [...] "The 45 day rule will apply.”
Once the Prosecutor determined he would bring no criminal charges, he could be asked to provide the subject of the investigation, and all named witnesses, with use immunity which would bar the use of their testimony in a criminal prosecution of each.
If the Prosecutor did not want to bring criminal charges, or felt there were no criminal acts, what reason could he have for refusing to grant use immunity?
Failure of a witness or accused to answer a question in an administrative hearing is grounds for dismissal.
The Town was not bound to spend years in litigation. It could hold its own hearing, obtain evidence, and come to a conclusion within thirty days.
The burden of proof in a disciplinary hearing is "by a preponderance of the evidence" not the more difficult criminal standard of "beyond a reasonable doubt."
How long would or could officers fight where they are forced to testify?
"Administrative Decisions are in the hand of the Administration." "If the Prosecutor has declared no criminal action will be taken, then the Town is free to correct or condone."
Once the Prosecutor determined he would bring no criminal charges, he could be asked to provide the subject of the investigation, and all named witnesses, with use immunity which would bar the use of their testimony in a criminal prosecution of each.
If the Prosecutor did not want to bring criminal charges, or felt there were no criminal acts, what reason could he have for refusing to grant use immunity?
Failure of a witness or accused to answer a question in an administrative hearing is grounds for dismissal.
The Town was not bound to spend years in litigation. It could hold its own hearing, obtain evidence, and come to a conclusion within thirty days.
The burden of proof in a disciplinary hearing is "by a preponderance of the evidence" not the more difficult criminal standard of "beyond a reasonable doubt."
How long would or could officers fight where they are forced to testify?
"Administrative Decisions are in the hand of the Administration." "If the Prosecutor has declared no criminal action will be taken, then the Town is free to correct or condone."
Dave, I mss our lunches together. Can you call Battiloro and ask him if we can resume our 2hour lunch dates? Did you tell Jeanie about our special relationship?
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