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Officer Loses Bid To Overturn Discipline

Orlando Police Officer Given 24-Hour Suspension

POSTED: Friday, March 12, 2010
UPDATED: 10:21 pm EST March 12, 2010

An Orlando police officer -- already suspended once for pushing a woman down the steps of a nightclub, then charging her with battering him -- is having another suspension upheld by the courts.

Fernando Trinidad sued to block OPD from disciplining him after an internal investigation found he left threatening voicemails with an acquaintance of his wife.

He was given a 24-hour suspension without pay for failing to observe the law that prohibits making threatening phone calls.

Trinidad sued the city, claiming the department waited too long -- more than six months -- from the time the complaint was lodged in February 2008 until he was issued the discipline in September of that year.

But Friday, the Fifth District Court of Appeal let stand an Orange County Circuit Court ruling that found the six-month period to complete the investigation did not begin until OPD launched its formal internal investigation in April 2008.

That was more than two months after the woman showed up at OPD headquarters to complain about the profanity-laced calls that, she said, left her crying, shaking and in fear that the armed officer would come to her house and harm her.

She was told then by OPD she could seek an injunction against Trinidad or file a criminal complaint against him with the police in Maitland, where she lived. She chose to do both, but the injunction was denied and Maitland police declined to investigate.

Meanwhile, her complaint lay dormant in OPD Internal Affairs -- which said it was waiting to hear back from her about the outcome of the criminal complaint before deciding whether to launch a formal internal affairs investigation.

But OPD decided to launch the formal probe after Local 6 began investigating Trinidad in the nightclub incident, which was videotaped by a surveillance camera.

As we reported then, Trinidad pushed Jessica Asprilla down the steps of the now-defunct Club Paris, then charged her with battery -- charges that prosecutors dismissed when they saw the videotape contradicted Trinidad’s claims. Trinidad got an eight-hour suspension for his role in that case.

The state attorney investigated Trinidad for possible perjury and battery charges, but no charges were filed.

Trinidad and the city still face a federal lawsuit suit filed by Asprilla, who claims the agency violated her civil rights.

A second, similar lawsuit is also pending against them and other officers, after a woman who saw the Club Paris videotape recognized Trinidad as being among those who arrested her after responding to a call at her house. She claims she was maliciously prosecuted by OPD on trumped-up battery charges.

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