Hobart cop seeks dismissal of departmental charges
By Karen Caffarini Post-Tribune correspondent June 27, 2014 6:58PM
Hobart police patrolman Kirk Homoky | Provided photo~Sun-Times Media
Updated: June 28, 2014 2:02AM
HOBART — The attorney for police officer Kirk Homoky filed a motion Friday to dismiss the notice of discipline lodged against Homoky by Police Chief Richard Zormier, claiming the five charges were either false or lacked evidence to prove, among other reasons.
Homoky’s attorney, Christopher Cooper, also claims in the document that Zormier, who is an attorney, could be sanctioned by the court for making an allegation against Homoky he knew to be false.
Sanctions could include a payment to the court or a nonmonetary directive, the document stated.
Both Cooper and City Attorney Anthony DeBonis, who is presiding over a hearing on the charges slated to start Monday morning, declined comment.
“It’s a matter for the hearing,” DeBonis said.
Homoky’s hearing will be before the Board of Public Works and Safety in the City Hall chambers. Homoky could be terminated from the force if found guilty. He is on paid administrative leave, pending the hearing’s outcome.
Homoky is accused of violating the rules and regulations of the department by running multiple license plates of vehicles parked in front of his ex-wife’s house, taking $20 from a vehicle during a traffic stop then returning it when confronted, refusing to take a voice stress analysis test, cashing checks he was not entitled to and committing perjury during his own bankruptcy filing.
In his motion, Cooper contends that running the license plate of Homoky’s ex-wife’s boyfriend is not a termination offense; that Homoky was not present when the $20 went missing, but two other officers were; and there was no evidence to indicate he intended to commit a crime or wrongdoing when he cashed checks from an employer he worked for part-time that were mistakenly issued to him.
Cooper also contends in the document that video and audio will show that Homoky did not refuse to take the voice stress test.
“Since the video speaks for itself ... one can conclude that Chief Zormier has presented Count III for improper purpose, such as to harass,” Cooper stated in the document.
Cooper also stated in the document that the Board of Public Works and Safety lacks jurisdiction to prosecute for perjury.
Cooper is seeking copies of all documents, videos and audios and any other evidence the city plans to use against Homoky. He said he also plans to ask DeBonis to recuse himself as hearing officer on Monday, saying DeBonis has a conflict of interest because he is also representing the city in a lawsuit Homoky filed against the city.
“If he doesn’t recuse himself, it will be an issue in Indiana courts,” Cooper said.
Homoky contends in the lawsuit, filed in November 2012, that the police department violated his rights when he was suspended without pay and the former chief tried to fire him.
Homoky had been on unpaid administrative leave for more than a year, pending the outcome of criminal charges of theft and fraud on a financial institution pertaining to the missing $20 and cashed checks. The criminal charges were dropped in a pretrial diversion program, after which Zormier filed the administrative charges on May 29.
The Board of Works had already rejected a previous request by Cooper that a neutral person be named as hearing officer. DeBonis said he represents the Board of Works, not the police officers.
DeBonis said if the goes beyond the two days scheduled this week, he will need to confer with Board of Works members, Cooper and attorney Dan Whitten, who is representing Zormier, to see what other dates they are available.
“We’ll take as long as needed,” DeBonis said.