State v. Mr. Y (DMC No. 1098) – Sexual Conduct with a Fellow Officer While Working (High-Profile Media Case) – Reprimand Only (at Police Department Disciplinary Review Board) – Mesa Police Department Investigated (Internal Affairs Case No. 99-90)

In this high-profile media case, seven officers were suspected of having sex within the patrol cars, or while on the job. Officer Y was swooped into this investigation and the Chief of Police from Mesa Police Department made various comments to the media that “these people know better” and “they will clearly be disciplined, but we have yet to decide what it will be”. It was at that time that Officer Y secured the services of DM Cantor.

We immediately received the 25-page Internal Affairs police report, and Officer Y Denied all Allegations throughout the investigation. The Police Department was relying on a Polygraph Test that he allegedly failed. We pointed out at the Disciplinary Hearing that Polygraphs are not allowed into evidence, and they are notoriously suspect. We also had Officer Y present all evidence what had occurred on various dates where he was accused of having sex with another officer. Ultimately, the Disciplinary Panel ruled that he had improperly used his Police car during work hours, and they gave him an “Informal Reprimand”. Had he been originally found responsible of all the Charges, he would have not only been terminated as a Police Officer, he would have lost his retirement savings and his POST certification. Instead, Officer Y went on to have a successful Police career.