Ellis County Sheriff Charles Edge, who, in his role as interim Kyle police chief in 2015 indefinitely suspended Sgt. Jesse Espinoza from the department, testified today during the resumption of the civil service hearing Espinoza sought to win his job back that he felt he had the responsibility to investigate misdeeds Espinoza allegedly committed regardless of when they occurred.
The testimony is crucial because part of Espinoza’s case is that Civil Service regulations prohibit the punishment of a police office for actions that occurred 180 days before the application of said punishment. The city is arguing that Espinoza was not suspended for these misdeeds, but because he was "insubordinate" when asked about those incidents during a series of interviews conducted within weeks of his suspension.
The city rested its case following Edge’s testimony. Espinoza’s attorney, Grant Goodwin, called one witness as it began its case, but Goodwin was repeatedly frustrated from getting significant portions of that witness’ testimony in the record.
Edge was on the stand Aug. 17, testifying on behalf the city, when hearing examiner Dr. Paula Ann Hughes granted Goodwin’s request to postpone cross-examination until the hearing could resume following what has turned out to be a two-month-plus recess. Edge’s testimony today was part of that cross-examination.
Edge testified he wrote Espinoza’s letter of indefinite suspension based on three separate interviews he conducted with Espinoza, plus a series of interviews conducted by an investigator the city hired earlier to look into the case. Goodwin questioned Edge whether it was proper, under civil service rules, for him to question the police sergeant about incidents that allegedly occurred beyond the 180-day window.
"This is what I had been given as the event whatever date it occurred," Edge answered. ""I had the opportunity to talk to one of the individuals who was a party to that event. So I would want to ask a question about that event and get his perception. Fifty-three items coming at me. I get to ask him about all 53. If it turns out that 52 are just totally bad information, I’m not going to know that unless I talk to one of the parties involved in that incident. If it looks like somebody’s not telling the truth or two people just have two totally different, legitimate viewpoints of the same incident then I need to know that in order to make any decision on any possible discipline. So I will ask questions about an incident that happened before."
Bettye Lynn, the attorney representing the city, asked Edge on re-direct whether Espinoza would even be fit to return to service with the KPD. Edge said Espinoza has been issued a "Brady Letter," and according to the U.S. Supreme Court ruling Brady v Maryland (1963) prosecutors in a criminal proceeding are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a sustained record for knowingly lying in an official capacity. The issuance of a Brady letter officially designates an officer as one having such a sustained record.
When Lynne asked Edge about the specific requirement of a Kyle police sergeant, Edge read from a list that said a sergeant must be able to testify in civil, traffic and criminal proceedings, parole board hearings and to give depositions.
"Would all those be under oath?" Lynne asked Edge.
"Yes," the sheriff replied.
"In your experience if a person has been untruthful in his or her career in law enforcement, hypothetically, are they going to be able to meet this particular essential job function of a police officer?" Lynne asked.
"No," Edge replied.
One of the issues around Espinoza is the allegation that he somehow conspired with Louisiana anesthesiologist, Dr. Glenn Hurlston, to get Kyle Police Chief Jeff Barnett fired.
Goodwin asked Edge whether he "had any facts to support that Jesse Espinoza provided information or support to Glenn Hurlston."
"No, sir," Edge admitted, but added a few minutes later that, upon an examination of Espinoza’s phone records "I concluded they were constantly talking back and forth."
The hearing is scheduled to resume tomorrow with Goodwin calling his second witness.
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