Expert Flipped Opinion After Suspension

David Acosta reversed a position he offered in an investigation into another police officer’s conduct — after he himself landed in some trouble involving drug use.

Acosta, who retired at the end of 2020, served as the department’s use of force expert.

In that role, he offered a crucial decision that led to the department’s firing of Officer Jason Santiago for using unreasonable, excessive force when he kicked a handcuffed suspect in the groin and pulled that suspect’s hair while making an arrest. The Internal Affairs investigation of Santiago’s action hinged on Acosta’s determination that his use of force was excessive and in violation of department policy.

In a recent decision, the Connecticut State Board of Mediation and Arbitration (SBMA) upheld the city’s decision to fire Santiago, and turned down the police union’s appeal. 

In the arbitration award, the state labor board noted that, over the course of the five hearings that took place between November 2020 and February 2021, the city called on Acosta to testify about Santiago’s use of force.

Contrary to what he had told city investigators in March 2020, Acosta reversed his opinion when testifying before the state labor panel. He told them that ​“the hair pulling might be justified if it were not actually bearing or pulling” the suspect’s weight, according to the arbitration award. Acosta also testified ​“he could not say with certainty, and then, did not have an opinion on, whether the kick was justified because he would need to know more about Santiago’s state of mind and his view of the totality of the circumstances.”

What happened in between the times Acosta changed his mind?

The SBMA award offers one clue: It states that Acosta was disciplined by then-Chief Otoniel Reyes ​“between the IA interview and when Acosta testified before this Panel. Further, the Chief testified that there was pressure on the matter from his fellow officers.”

The Independent subsequently obtained the one-page write-up about Acosta’s discipline in response to a Connecticut Freedom of Information Act request.

The heavily redacted document, dated Sept. 11, 2020, is written by then-Police Chief Otoniel Reyes.

The memo states that Acosta was randomly selected to take a drug test on Monday, Aug. 24, 2020. He was subsequently suspended for two days in mid-September. And he would be allowed to return to work after ​“the passing of a return to work drug test,” Reyes wrote.

Acosta, who retired last Dec. 31, could not be reached for comment for this article.

City police union attorney Marshall Segar provided the following comment to the Independent: ​“In a previous statement provided to the New Haven Independent, the Police Union indicated that we would not comment further on the Santiago arbitration award until such time as a Motion to Vacate the award was filed. To date, no appeal of the arbitration panel’s decision has been made. As Officer Acosta’s testimony was part of the Santiago hearings the Police Union respectfully, and consistent with our prior position, declines to comment at this time.”