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Detroit cops win legal battle against mayor

By Jeff Karoub
The Associated Press

DETROIT Two former police officers were awarded $6.5 million on Tuesday in a whistle-blower lawsuit that alleged extramarital affairs by the mayor and other misdeeds by his security unit.

The Wayne County Circuit Court jury agreed that Mayor Kwame Kilpatrick and the city unlawfully dismissed the officers and violated the state’s Whistleblower Protection Act.

Kilpatrick, 36, denied the allegations against him and said the city would appeal the verdict.

“I’m absolutely blown away at this decision. I know Detroiters are, too,” he said, adding that it wouldn’t affect his mayoral duties. “I’ll be here tomorrow at work carrying my laptop, ready to do my job as mayor.”

It was unclear how the verdict would affect Kilpatrick’s political career.

He had to fight for re-election in 2005 following a campaign dogged by questions about his spending, including the use of city credit cards for expensive out-of-town travel and the city lease of a luxury sport utility vehicle for his family. Just 31 when first elected mayor, Kilpatrick has tried to reshape his image into a mature leader of one of the nation’s largest cities, even shedding a trademark earring.

Michael Stefani, the plaintiff’s attorney, said the jury sent the right message.

“The jury did what I asked - they put the blame on the mayor,” he said.

Gary Brown claimed he was fired in 2003 because he was looking into allegations of drunken-driving accidents, falsified overtime records and a possible cover-up of incidents involving members of the security unit. He said he also was investigating claims from two former mayoral bodyguards that the mayor used his bodyguards to facilitate and cover up extramarital affairs.

Harold Nelthrope said he sued after Kilpatrick’s administration released a confidential police memo naming him as a source of allegations of misconduct by other bodyguards.

Nelthrope said he was transferred out of the security detail and ultimately couldn’t return to work out of fear for his safety and that of his family.

He described escorting the mayor to trysts with Christine Beatty, Kilpatrick’s chief of staff, and other women. Kilpatrick, a married father of three, and Beatty denied the allegations in court.

Kilpatrick and his attorneys said the mayor’s decision to remove Brown as deputy chief in charge of internal affairs came after he lost professional confidence in his abilities. Brown was demoted - not dismissed - and received a full-service retirement from the city, they said.

Defense attorneys also said that Nelthrope received a disability pension.

Nelthrope said the verdict offered him personal and professional vindication.

“The main thing I wanted was to have my name and reputation back and to be compensated for what they did because it was wrong,” he said.

The jurors awarded $3.6 million to Brown and $2.9 million to Nelthrope, plus interest for four years. The jury members declined to comment as they left the building.

“The verdict was more reflective of improper information that went into this trial,” Kilpatrick lawyer Sam McCargo said. “It was two cases in one. A morality trial was added to this employment case.”

Judge Michael Callahan instructed jurors Tuesday morning that the state’s Whistleblower Protection Act is designed to provide protection to employees who report or are about to report suspected violations of rules, laws or regulations by their employer or a co-worker. The protection applies only to employees who have a “reasonable belief” of violations, he said.