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. 
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