Pubdate: Fri, 22 Jun 2007 Source: Milwaukee Journal Sentinel (WI) Copyright: 2007 Journal Sentinel Inc. Contact: http://www.jsonline.com/news/editorials/submit.asp Website: http://www.jsonline.com/ Details: http://www.mapinc.org/media/265 Author: Marie Rohde Bookmark: http://www.mapinc.org/find?246 (Policing - United States) Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States) FIRED POLICE DETECTIVE SEEKS BACK PAY Sliwinski Cites Legal Technicality During Proceeding Over Theft of Drug Money Planted by FBI A Milwaukee police detective who was fired after being caught taking drug money in an FBI sting is asking a court to order more than three years in back pay and benefits, due to a state Court of Appeals ruling. The appeals court said the detective was wrongly denied the right to fully cross-examine the federal agent involved in the sting, according to a filing in Milwaukee County Circuit Court. While the firing of the detective, Philip Sliwinski, was upheld by the Fire and Police Commission and Circuit Judge Patricia McMahon, the Court of Appeals ruled that Sliwinski, who has maintained his innocence and was not charged criminally with the theft, was entitled to cross-examine a federal agent involved in the sting during proceedings before the commission in 2004. Jon Cermele, a lawyer for the Milwaukee Police Association who is representing Sliwinski, filed a motion last week before Circuit Judge Clare Fiorenza arguing that while the appeals court decision, issued in January 2006, did not reinstate Sliwinski to the force, state law entitles a Milwaukee police officer to pay and benefits until the Fire and Police Commission completes its hearing. He further argued that the backlog of disciplinary cases pending before the commission is so great that Sliwinski's rehearing will not be held "for many months." There are 33 cases of disciplinary action against officers pending before the commission, including nine for officers who have been fired, according to officials. Assistant City Attorney Jan Smokowicz told Fiorenza at the hearing that it was the city's policy to first schedule hearings for fired officers who are still collecting pay, so Sliwinski's case had not yet been given a date. The sting occurred Aug. 31, 2000, after Milwaukee police were told that another detective, Edwin Bonilla, had stolen money seized in other drug busts. Then-Police Chief Arthur Jones asked the FBI to join the investigation. Sliwinski was fired in 2002, and the commission upheld the dismissal in March 2004. For the sting, the FBI planted $23,000 in rooms at a hotel that were wired for surveillance. The bait, placed in a paper bag, was hidden in a dresser drawer well. It was found by Bonilla, who told investigators that he, Sliwinski and a third officer, Frank Velasquez, each decided to take $1,000. Bonilla admitted he took $3,000 more without telling the other two. Bonilla called Lt. Edward Liebrecht, told him that $17,000 was found and the two rode back to the Police Administration Building together. Liebrecht has since been promoted to inspector of police. Bonilla, who was charged in federal court with defrauding the government, was sentenced to five years in jail but, according to the appeals court decision, was shown leniency in exchange for his testimony against Sliwinski and Velasquez and was incarcerated for six months. Sliwinski and Velasquez denied participating in the theft and said Bonilla acted alone and without their knowledge. Neither was charged with a crime. Fiorenza said she would rule on the request for back pay and benefits later. - --- MAP posted-by: Richard Lake