Mail Tribune News - Jury acquits former Ashland police captain

Mail Tribune (Medford, OR — Wayback)

2001-07-11

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Jury acquits former Ashland police captain By Sara Murphy Tears streamed down Lisa Brooks� cheeks as she listened to the jury�s verdict: Not guilty. The former Ashland police captain was acquitted Thursday of assault and harassment charges stemming from a workplace dispute last summer. Dispatcher Mary Ann Siegel alleged she was assaulted by Brooks in the police station break room July 5 after correcting the captain�s pronunciation of the word yarmulke, a Jewish skullcap. Brooks testified Wednesday that she was provoked by Siegel. She said the dispatcher hit her arm, which was sunburned, and she reacted "instinctively" by grabbing Siegel�s wrist. Both sides threaten to file civil suits ASHLAND � Two former police department employees are threatening to sue the city in the fallout of a July 5 altercation in the station�s break room. Dispatcher Mary Ann Siegel alleged she was assaulted by Capt. Lisa Brooks after correcting her pronunciation of the word yarmulke, a Jewish skullcap. Brooks was fired in August as a result of an internal investigation of the incident. She was acquitted of misdemeanor assault and harassment charges Thursday. Siegel, who resigned from her position in October, first filed a tort claim with the city July 10 � five days after the altercation with Brooks. After swapping attorneys, Siegel notified the city of a new tort claim on Dec. 21. Siegel is now represented by Eugene attorney Martha Lee Walters. Her claim for damages � which names the city, Brooks and Police Chief Scott Fleuter � alleges Siegel was the victim of retaliation and discrimination after she reported being assaulted by Brooks. Siegel claims she was "constructively discharged from her employment when she was forced to resign her position." The tort claim also alleges Siegel was threatened with "unwarranted disciplinary actions" and "potential criminal charges" and falsely accused of wrongdoing, including parking illegally in a disabled parking space and "gloating" that Brooks had been fired. Brooks, represented by Eugene attorney Shaun McCrea, filed a notice of tort claim on Jan. 31. The notice claims Brooks was damaged by "unlawful arrest, false imprisonment, malicious prosecution and violation of civil rights." Though the incident lasted an estimated 13 seconds, the trial took two-and-a-half days. After hearing Thursday�s verdict, Brooks said she was glad to have the experience behind her. "This has been a very difficult time for me," she said. "I just can�t say enough about the people who have come forward to stand by me and support me. Mostly, I just want to say thank you." Brooks� supporters who attended the trial said the verdict was music to their ears. "Hallelujah!" said Karla Clements, a friend. "I�m very ecstatic," said Greg Hateley, Brooks� husband. "Justice was well-served." Lane County Deputy District Attorney Buzz Mattson, who handled the case to avoid a potential conflict of interest for local prosecutors, argued during closing statements that the altercation between Brooks and Siegel was a case of "workplace violence" and "intimidation." "This was a case of a boss who�s so touchy that she can�t keep control of herself," he said. "And with an eccentric subordinate, she assaults her." The defense argued that Siegel is more litigious than eccentric. Eugene defense attorney Shaun McCrea reminded the jurors Thursday of two witnesses� testimony that they had overheard Siegel make comments in public places about plans to sue Brooks and the city. "Obviously, this is something that�s on her mind," McCrea said. Siegel has filed tort claims threatening to sue the city, alleging retaliation and discrimination for her role in Brooks� termination. Siegel couldn�t be reached for comment Thursday. Brooks, who was fired in August, also is threatening suit in a tort claim against the Ashland Police Department, alleging unlawful arrest and malicious prosecution. Police Chief Scott Fleuter said he couldn�t comment on the pending litigation, but was pleased the trial was finished. "Closure on at least this piece of it is such a good thing," he said. "We�ll just have to move on with whatever else we have to deal with." Brooks, who worked as an officer in Ashland for 12 years, was the department�s first female sergeant and first female captain. In closing statements, McCrea characterized Brooks� conduct as both "inappropriate" and "wrong," but argued that the state hadn�t proved her client�s behavior was criminal. Witnesses to the altercation testified they saw Brooks use a "pain compliance technique" on Siegel�s wrist, but did not see whether Siegel touched or hit the captain. "Where there are questions, there is doubt," McCrea said. "And given the questions in this case, there is reasonable doubt." Reach Ashland bureau reporter Sara Murphy at 482-4655, or e-mail [email protected]     Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.