SBNEWSPAPER.COM EXCLUSIVE!
San Benito Police Officer David Ortega is shown during a civil service hearing held Wednesday morning. Various scenes from the hearing are also seen here. (Staff photos by Francisco E. Jimenez)
By FRANCISCO E. JIMENEZ
Staff Writer
reporter@sbnewspaper.com
A public hearing was held Wednesday morning at the San Benito Municipal Building for officer David Ortega of the San Benito Police Department (SBPD), who received a three-day suspension last year for allegedly refusing a direct order from Sergeant Rene Garcia to complete a questionnaire.
Ortega claims that he was denied his right to seek legal advice before answering the questionnaire, which was based on a statement he made 24 hours earlier in regards to allegations made accusing him of defacing a photograph belonging to another officer.
“We’re seeking to have the suspension set aside,” said Senior Staff Attorney John J. Curtis, who is representing Ortega. “We want the Bill of Rights, especially the Sixth Amendment, to apply south of the Nueces River, because apparently it doesn’t apply here.”
Representing the city was Rick Navarro of Denton, Navarro, Rocha and Bernal P.C.
“The facts are pretty straight forward,” said Navarro of the case. “They’re trying to determine whether or not officers have legal rights to stop a questioning process. Basically, do officers have Miranda Rights like criminals do, and the answer is no.”
For the full story, pick up a copy of the April 17 edition of the San Benito News. Or view our E-Edition by clicking here.
2 comments
Where was the police union when all this happened? Thats what they are there for. Police Officers have a bill of rights that gives them the right to have a lawyer or union rep present before/during any questioning by mgmt.
That is exactly what he was asking for!!!!!! He was denied of that! I believe that is why he is there.