SANTA ANA – A lawsuit pitting five former department leaders against Orange County Sheriff Sandra Hutchens is now in the hands of a judge, who must weigh the dismissed officers’ demand for $19 million in damages.
Superior Court Judge Frederick P. Aguirre said Friday he plans to rule within 10 days whether the five were terminated because of a budget crunch, or if the sheriff used the layoffs as an excuse to jettison those she associated disgraced ex-Sheriff Mike Carona.
Attorney Joel W. Baruch, who represents the ex-high-ranking officials, accused Hutchens of lying at the time of the 2009 layoffs and during her testimony in the long-running civil trial.
“They were unceremoniously dumped,” Baruch told the judge Friday during the trial’s closing arguments. “Sheriff Sandra Hutchens lied to them about why she did what she did, so she could avoid hearings and oversight.”
S. Frank Harrell, an attorney hired by the county, said he was shocked at Baruch’s request on Friday for $19 million in toal damages.
Harrell said Hutchens was forced to dismiss the officers for financial reasons and that they don’t deserve any damages.
“Layoffs don’t happen because someone did something wrong and needs to be punished,” Harrell said. “The sheriff didn’t want to lay anybody off. She was fighting for her men and women. She was fighting for their jobs.”
The lawsuit was filed by five ex-command staff members: former assistant sheriff’s Jack Anderson and John Davis, and former captains Brian Cossairt, Deana Bergquist and Robert Eason.
Baruch contends they deserve $19 million to cover their lost income, as well as penalties and emotional damages.
The non-jury civil trial began in June and testimony and legal filings have been off and on ever since. Both sides returned to Santa Ana courthouse on Friday for final arguments.
The lawsuit stems from the tumultuous months in 2009 after the county hired Hutchens to overhaul the embattled department, which was reeling from the federal indictment of Sheriff Carona on corruption charges and the death of inmate John Chamberlain, who was beaten by fellow jail inmates.
By the time of Hutchens‘ appointment, Carona’s inner circle had already fallen apart, as the man once dubbed “America’s Sheriff” was on his way to serving time as a convicted felon.
Former Assistant Sheriff George Jaramillo had been indicted and convicted of corruption charges. Don Haidl, another former assistant sheriff handpicked by Carona, had resigned and ultimately wore a wire to capture Carona making incriminating statements. Carona’s undersheriff, JoAnn Galisky, had been fired during the Chamberlain scandal.
The five suing the department were among those who remained in the department during the transition to the Hutchens’ regimes. They were joined in Hutchens newly-created command staff by John Scott and Michael Hillman, veteran law enforcement officials who Hutchens knew from the Los Angeles County Sheriff’s Department.
The suit alleges that a rift developed between new arrivals and the holdovers who believed that Hutchens and two officers she brought into her command staff looked at Orange County as “backwoods” territory still rife with corruption. The five suing the department say they butted heads with Hutchens and were moved into less-powerful positions.
Just months after taking the department’s reins, Hutchens faced the task of closing a multi-million-dollar budget shortfall. Rather than letting go of deputies and investigators, Hutchens said she decided to trim from the top.
During the trial, Hutchens said she overhauled the department by combining numerous divisions. Those left without divisions to command were dismissed, the sheriff said.
“I did it by function, because there were no performance issues,” Hutchens said. “I did not want to lay off anybody.”
During the trial, Baruch challenged the sheriff over her layoff decisions. The lawyer contended she retained the command staffers she brought in despite their higher pay, and contended she ultimately ended up moving lower-ranked members of the department she was perceived to favor up the promotion ladder.
Superior Court Judge Frederick P. Aguirre said Friday he plans to rule within 10 days whether the five were terminated because of a budget crunch, or if the sheriff used the layoffs as an excuse to jettison those she associated disgraced ex-Sheriff Mike Carona.
Attorney Joel W. Baruch, who represents the ex-high-ranking officials, accused Hutchens of lying at the time of the 2009 layoffs and during her testimony in the long-running civil trial.
“They were unceremoniously dumped,” Baruch told the judge Friday during the trial’s closing arguments. “Sheriff Sandra Hutchens lied to them about why she did what she did, so she could avoid hearings and oversight.”
S. Frank Harrell, an attorney hired by the county, said he was shocked at Baruch’s request on Friday for $19 million in toal damages.
Harrell said Hutchens was forced to dismiss the officers for financial reasons and that they don’t deserve any damages.
“Layoffs don’t happen because someone did something wrong and needs to be punished,” Harrell said. “The sheriff didn’t want to lay anybody off. She was fighting for her men and women. She was fighting for their jobs.”
The lawsuit was filed by five ex-command staff members: former assistant sheriff’s Jack Anderson and John Davis, and former captains Brian Cossairt, Deana Bergquist and Robert Eason.
Baruch contends they deserve $19 million to cover their lost income, as well as penalties and emotional damages.
The non-jury civil trial began in June and testimony and legal filings have been off and on ever since. Both sides returned to Santa Ana courthouse on Friday for final arguments.
The lawsuit stems from the tumultuous months in 2009 after the county hired Hutchens to overhaul the embattled department, which was reeling from the federal indictment of Sheriff Carona on corruption charges and the death of inmate John Chamberlain, who was beaten by fellow jail inmates.
By the time of Hutchens‘ appointment, Carona’s inner circle had already fallen apart, as the man once dubbed “America’s Sheriff” was on his way to serving time as a convicted felon.
Former Assistant Sheriff George Jaramillo had been indicted and convicted of corruption charges. Don Haidl, another former assistant sheriff handpicked by Carona, had resigned and ultimately wore a wire to capture Carona making incriminating statements. Carona’s undersheriff, JoAnn Galisky, had been fired during the Chamberlain scandal.
The five suing the department were among those who remained in the department during the transition to the Hutchens’ regimes. They were joined in Hutchens newly-created command staff by John Scott and Michael Hillman, veteran law enforcement officials who Hutchens knew from the Los Angeles County Sheriff’s Department.
The suit alleges that a rift developed between new arrivals and the holdovers who believed that Hutchens and two officers she brought into her command staff looked at Orange County as “backwoods” territory still rife with corruption. The five suing the department say they butted heads with Hutchens and were moved into less-powerful positions.
Just months after taking the department’s reins, Hutchens faced the task of closing a multi-million-dollar budget shortfall. Rather than letting go of deputies and investigators, Hutchens said she decided to trim from the top.
During the trial, Hutchens said she overhauled the department by combining numerous divisions. Those left without divisions to command were dismissed, the sheriff said.
“I did it by function, because there were no performance issues,” Hutchens said. “I did not want to lay off anybody.”
During the trial, Baruch challenged the sheriff over her layoff decisions. The lawyer contended she retained the command staffers she brought in despite their higher pay, and contended she ultimately ended up moving lower-ranked members of the department she was perceived to favor up the promotion ladder.
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