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Protesters in October protesting inaction on the Eaton case.
Hamden Officer Devin Eaton may now keep his job for a while yet, due to a judge’s decision on Friday.
New Haven Superior Court Judge John Blue granted the Hamden Police Union’s application Friday to enjoin the Hamden Police Commission from holding a disciplinary hearing on Eaton’s termination until after his criminal case is resolved. That means the town cannot take any disciplinary action against Eaton until his criminal case is over, said lawyers from both sides and town officials.
In April, Eaton opened fire on an unarmed black couple in New Haven, prompting a state’s attorney investigation into the incident. In October, State’s Attorney Patrick Griffin brought one felony and two misdemeanor charges against Eaton. In November, Hamden Acting Chief of Police John Cappiello concluded an internal affairs investigation and recommended that the town terminate Eaton’s employment.
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Devin Eaton.
The Hamden Police Commission, according to the collective bargaining agreement with the Hamden police union, was supposed to hold that hearing within 30 days of Cappiello’s announcement. Friday’s court decision prevents that hearing from taking place until after Eaton’s criminal case is over.
“The injunction is effective today,” said Attorney Charles Tiernan, who represents the Hamden Police Commission. “It stays in effect until such time as the officer either enters a guilty plea, is acquitted after a trial, or is found guilty after a trial, and everything will have to be addressed at that time.”
He said that the judge “felt the interests that the officer has, his constitutional rights, outweighed the interests of the town in wanting to move forward as quickly as possible.”
Attorney John Walsh, who represents the Hamden Police Union, UPSEU Cops Local 062, said that he had argued that the police commission’s hearing was going to force Eaton to forfeit his constitutional rights.
Under the Fifth Amendment, Eaton has the right to not make incriminating statements. That means that if he spoke in a police commission hearing, he would be forfeiting that right because he might make potentially incriminating statements that could then be used against him in court, said Walsh.
On the other hand, Walsh explained, the Fourteenth Amendment gives Eaton the right to due process if the town is going to take away his property interest — that is, his employment. Therefore, Walsh said, if Eaton chose to uphold his Fifth Amendment right to not make incriminating statements, he would then forfeit his right to due process because he would not be able to respond to the charges against him
The town, on the other hand, sought to move forward with the hearing on Eaton’s discipline. Tiernan said that the town wanted a “speedy resolution,” but that the judge had deemed Eaton’s constitutional rights outweighed the town’s desire for speed.
A police commission hearing was originally scheduled for Friday. After the hearing was scheduled, Walsh said he filed an injunction on behalf of the union. Because of the union’s injunction application, and scheduling complexities, Tiernan said the commission then changed its plans to hold the hearing on Dec. 17 or 18.
The police union contract requires that the commission hold a hearing before terminating an officer. Tiernan said that means the town cannot fire Eaton without the hearing.
Cappiello said that the decision means the town cannot take any disciplinary action against Eaton until his criminal case has been resolved. He said Eaton will remain on unpaid administrative leave until then.
Walsh also said Eaton’s pay will not be reinstated while his court case proceeds. Though the police union contract says an officer’s pay must be reinstated after 60 days if a hearing has not been completed, Walsh said that does not apply to Eaton. The language refers to when the police commission fails to hold the hearing within 60 days, he said, but in this case, it’s the court that has ordered the hearing’s delay. He said the union will not seek to reinstate Eaton’s pay.
“We are legally bound to abide by the judge’s decision,” said Police Commission Chair Michael Iezzi.
Hamden Mayor Curt Leng said he is not pleased with the decision, and that he is discussing the town’s options with its legal team.
“I am so very disappointed in this decision and the Town is exploring options for appealing the decision,” he told the Independent.
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Kerry Ellington.
Kerry Ellington, an organizer for People Against Police Brutality who has led a series of protests calling for action from Hamden, slammed the decision.
“It’s outrageous. It’s outrageous. It boils my blood,” she told the Independent. She said it shows the complicity of the court system “in protecting violent police officers.”
Cases against cops can drag on for long periods. In November, the court allowed New Haven Lt. Rahgue Tennant to delay his court case, after it had dragged on for 14 months, because he allegedly did not have enough time to discuss his case with his lawyer. He has remained on paid leave, and the department has not begun an internal investigation let alone any action to fire him, meaning he will probably reach full retirement legibility before that could happen.
It's a fundamentally corrupt system in which police, labor arbitrators, judges and legislators conspire to support police departments which protect and serve the police rather than the public.