I bet he was framed.
Birmingham police officer fired for texting photos of his penis says other officers did similar acts
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Kent Faulk | kfaulk@al.com By Kent Faulk | kfaulk@al.com
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on July 16, 2014 at 1:42 PM, updated July 16, 2014 at 1:43 P
http://www.al.com/news/birmingham/index.ssf/2014/07/former_birmingham_police_offic.html#incart_m-rpt-2BIRMINGHAM, Alabama – A former Birmingham police officer, fired for texting pictures of his genitals to a woman while on duty, says in the appeal of his termination that other officers had done similar sexual acts while on the job without being fired.
In his appeal, the former officer provides information on 20 other investigations by the police department's Internal Affairs unit - dating back to 2001 - into 17 sexual harassment and three misconduct complaints against officers. The complaints were filed by citizens, jail detainees, or fellow officers.
Several complaints were determined to be unfounded, in many cases the officers were given time off without pay and in several the officers resigned or were fired, including one fired for texting obscene pictures.
City and police department officials declined to comment because they said it involves personnel matters. The police department has more than 1,100 employees.
Jason Yarbrough filed an appeal Monday in Jefferson County Circuit Court of the Jefferson County Personnel Board's July 8 order upholding his firing. He had been fired Jan. 17 as a result of an Oct. 14 Birmingham Police Department hearing.
Yarbrough states in his appeal that his termination "is too severe a punishment" for his conduct. He states that "similarly situated employees whose conduct was the same or worse were not terminated."
Yarbrough's attorney, Scott Morro, said that while Yarbrough shouldn't have texted the photos while on duty, the police department was trying to make the incident sound like Yarbrough was a predator. Yarbrough and the woman had known each other for years, he said. "He shouldn't have been fired," he said.
Yarbrough asks a Jefferson County Circuit Judge to reverse the personnel board decision and reinstate him as a police officer.
The personnel board, in its order, followed the report and recommendation of a hearing officer who heard Yarbrough's appeal. "The evidence is undisputed that respondent (Yarbrough) admits that while on duty as a police officer for the City of Birmingham he sent photographs of his penis to a private citizen," according to the personnel board order.
According to the hearing officer's report, besides complaining his firing was too severe a punishment, Yarbrough also argued that his termination "was motivated by his inability to work regular duty as a street police due to an on-the-job injury, and that Chief Roper showed deference to African American employees of the Birmingham Police Department who had been reprimanded for actions such as his or comparably close to said action."
The hearing officer stated that Yarbrough's claims of race disparity by Chief Roper were not substantiated by the evidence. Yarbrough also failed to successfully provide evidence substantiating his claim that his firing was based upon assignment of light duty due to his on-the-job injury, the hearing officers stated.
Yarbrough was assigned to light administrative desk duty in the homicide department as the result of an on-the-job injury of his right shoulder, according to the hearing officer's report and recommendation.
The incident that ended with Yarbrough's firing began with an informal complaint by a woman to a police lieutenant, according to the report. The woman told the lieutenant that Yarbrough's inappropriate communication, while he was on duty, made her "uncomfortable."
The woman forwarded the lieutenant the text message depicting a picture of Yarbrough's genitalia. The lieutenant later reassured the woman that the incident had been referred to Internal Affairs. The Internal Affairs officer also reported she had received an email from the woman's husband reporting the explicit message and picture of Yarbrough's genitals he found on his wife's cell phone.
The husband also stated in his email that the communication with his wife could lead to actions endangering her welfare and the welfare of his children and that he wanted it handled by the police department.
The Internal Affairs officer, however, stated that she requested the woman come sign a formal complaint. The woman explained that she and her family were on the road headed out of town and she would not be available to give a statement or sign a formal complaint, according to the report.
The IA officer testified that she spoke with Yarbrough.
Yarbrough stated he had met the woman about six years before, but had lost contact. "He continued his statement by saying that he recently located her on Facebook and that they had been communicating by text."
Yarbrough admitted to texting the woman the picture of his penis. But he also stated that the woman had transmitted "inappropriate and otherwise nude photos of herself to him" but those were apparently deleted from the text communication she had provided to police.
"He further stated that he had deleted the same from his cell phone as well, and that citizen (the woman) was not insulted by the communication by respondent (Yarbrough) until her husband discovered the messages on her cell phone," according to the hearing officer report.
Attached to the appeal are the synopses of 17 sexual harassment complaints and three sexual misconduct complaints, against police officers that the Birmingham Police Department Internal Affairs unit investigated.
They are:
July 29, 2013 – A correctional officer stated that while she and a male officer were in a control tower, the male officer massaged her shoulders and unbuttoned her shirt. She asked the male officer to stop, but he continued and placed his mouth on her left breast and sucked it. He only stopped after a detainee came onto the post. The detainee left the post and the male officer exposed his penis and attempted to pull her hand towards him. She told him no and he continued trying to get her to touch him. The male officer was given five days Penalty Without Pay (PWOP).
Jan. 16, 2013 – A citizen complaint alleged an officer made disrespectful and inappropriate comments including "do you do oral?" The officer was fired Jan. 30, 2013.
Nov. 8, 2012 – A citizen complaint alleged an officer made unwanted advances towards her by telephone and texted her unwanted pornographic picture of his penis. The officer was fired Nov. 13, 2012.
Nov. 13, 2012 – A female officer alleged that while conversing with another officer about her working overtime, the officer stated "you look tired and should go home to rest. You look sleepy, you go home and go to bed and you should not do anything else, don't get a boot call." The female officer stated that a sergeant interjected "don't get any booty calls because I'm still at work, don't get any booty calls because I'm still here!" The female officer alleges the statement made by the sergeant made her feel uncomfortable. The sergeant received a letter of reprimand on Feb. 12, 2013.
Jan. 7, 2012 – A detainee at the city jail complained that she did not feel comfortable sticking her fingers into her body cavity as instructed by a female corrections officer. That officer received a letter of censure on Jan. 31, 2012.
Jan. 7, 2012 – Another complainant alleges that the same female officer in the other incident on the floor she was assigned asked her if she was a man and had she had a sex change operation. The complainant states she told her no and she could check; the officer stated "are you sure?" The officer did not check the complainant at that time. The next day the female officer was assigned to that floor again, the complainant states that the officer came into her room and stated she smelled smoke. The officer asked complainant to take off all her clothes, squat, cough and bend over and cough. There were no other officers present and no cigarettes found. Complainant states she felt as though she wanted to check to see if I was a man and she felt violated. The officer received PWOP for three days on Feb. 1, 2012.
Oct. 27, 2011 - Complainant alleges that while she was checking a specific email within her Yahoo email account that she shares with her husband, who is a police officer, she found numerous pornographic emails from a police lieutenant. She alleges that the emails were offensive to her. The lieutenant was given five working days PWOP on Oct 28, 2011.
Oct. 18, 2011 – A female officer stated that a male officer had shown her a picture of his genitals on his cell phone while at a precinct. The incident was deemed unfounded.
June 8, 2011 – A female lieutenant was alleged to have made a gender discrimination statement that "if I had my way, I wouldn't get any females..." The lieutenant was given a letter of counseling.
Oct. 18, 2010 – A female officer complained that she was being sexually harassed by a sergeant and that she was receiving unfair treatment and disparities by adjusting her time which caused her to lose time she legitimately earned. The sexual harassment part of the complaint was not sustained, but the sergeant did get a reprimand and was transferred to another precinct and ordered to earn a supervisor training certificate.
Aug. 4, 2010 – A female police department employee complained that on occasion made comment that she felt were inappropriate and sexual in nature and even asked her for a date and touched her in ways that made her feel uncomfortable. The sergeant was demoted and had to attend sexual harassment and gender training.
Oct. 14, 2009 –A woman complained that an officer was transporting her to where her child was located when the officer made several sexual comments. The next day the officer came to her residence and while there grabbed her wrist and began to kiss the back of her hand and continued kissing up her arm. The officer resigned while under investigation Dec. 1, 2009.
Aug. 4, 2009 – A sergeant reported that when he instructed a female officer of who her partner would be for the shift the female officer appeared distressed and stated that the male officer assigned to ride with her that shift had motioned to her in a sexual nature. The male officer was given one day PWOP.
Feb. 15, 2009 – A woman alleged an officer responded to her residence on a domestic call with her child's father. The officer stayed behind after two other officers left. The officer commented that she should leave her child's father. Then he asked to see her breast. Then he transported her to a park where he requested that she play and kiss his penis. Then he forced his penis in her mouth. Also, she alleged that after he took her back home he commented again about her leaving the child's father and if she didn't the neighborhood could vote them out of the neighborhood. The officer was fired.
Jan. 28, 2009 – A woman alleged that when she called dispatch to report an accident, the male who answered told her she sounded like a baby and asked where she was employed. After discovering that she worked at Victoria's Secret he began to question her about whether they have a sale and did she shop there and did her husband or boyfriend enjoy it. The male employee received three days PWOP.
Jan. 22, 2008 – Three police officers alleged that another officerplaced pornographic pictures on their desks. The officer was placed on PWOP for 10 days.
Feb. 1, 2005 – Officer alleges she was sexually harassed by sergeant. Case resolved between the parties and no disciplinary action noted.
The three other sexual misconduct charges investigated are:
June 23, 2011 – While assigned to Birmingham Municipal Court an officer made inappropriate remarks and unwanted sexual advances. The officer was given 30 days PWOP, ordered to attend sexual harassment training class, and was reassigned.
Oct. 8, 2002 and Aug. 7, 2001 – Two different women complain that on those dates an officer propositioned them while writing citations. One woman stated that he gave her his phone number after writing the citation. The other woman alleged that the officer threatened her if she didn't cooperate and would go ahead and issue the citations. The officer was given 10 days PWOP in September 2012.
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