Judge: Fired cop's hearing wrongly delayed

A  former Milwaukee detective who was fired for pummeling a handcuffed suspect during an interrogation didn't get a valid hearing on his appeal, a judge has ruled.

But it's unclear how the legal victory might help Rodolfo Gomez Jr. now; he's since been convicted of a felony in federal court for the same conduct, and the conviction prohibits him from rejoining the Police Department.

Gomez, 50, was fired in December 2013 after department video showed him beating a handcuffed suspect in an interrogation room at police headquarters in August of that year. Gomez appealed the termination to the Fire and Police Commission.

But because Gomez was also under criminal investigation, the commission put off scheduling a hearing on Gomez's appeal, which wasn't held until July 2015, when it upheld Chief Edward Flynn's decision to fire Gomez.

It was that long delay that led Circuit Judge Glenn Yamahiro to throw out the commission's action earlier this month. He found that the commission exceeded its authority because it failed to schedule a trial within 120 days of Gomez's appeal as required by statute.

Yamahiro rejected the commission's argument that the deadlines were merely suggestions or "directory," and not hard requirements, noting that Gomez was unpaid the entire time he was awaiting his hearing.

"Instead of being afforded the speedy resolution afforded him by statute, Gomez's employment status was held in limbo," Yamahiro wrote. "Without the ability to move forward to contest his removal from his job and defend his reputation as a detective, this Court believes Gomez was injured,"  by the board's delay.

Gomez's attorney applauded the ruling.

"We are pleased Judge Yamahiro did the right thing and held the (commission) accountable for its blatant disregard of the law and its own procedural rules," Brendan Mathews said.

An attorney for the commission did return a message Friday.

As the district attorney investigated him, Gomez applied for duty disability retirement, saying stress had left him unable to do his job. His claim was denied and he did not appeal.

Gomez was eventually charged with two felonies by state prosecutors, but a jury acquitted him of misconduct in office and abusing a prisoner in February 2015.

This year, Gomez was charged in federal court with  "willfully depriving an arrested subject of his civil right not to be subjected to excessive force," and pleaded guilty in June. His sentencing is scheduled for Oct. 13. As part of a plea agreement, prosecutors will recommend a year and a day in prison.