WASHINGTON — Metropolitan Police Department Chief Cathy Lanier can’t use part of her intended defense in the whistleblower case brought against her and the District after a former police commander was demoted in 2011, a judge has determined.
In the lawsuit, former Cmdr. Hilton Burton says he was demoted as a form of retaliation after speaking out about police escorts given to celebrities. The District and Lanier maintain the demotion was based on performance.
Lanier says she demoted him from that position because of problems with managing large events and standoffs — in particular a Caribbean festival. She says his tactics, which included lining the route with motorcycle patrols, were “inappropriate” and prevented the participants from interacting with bystanders, which is normally the case.
Testimony by police leaders also said Burton was too quick to act when a person had barricaded himself inside a home in Mount Pleasant in 2011.
However, a civil case following the Mount Pleasant barricade determined action of police to be “objectively reasonable” — a position the District argued for.
Judge Brian Holeman said this was a “clearly inconsistent stance” which could create the perception that one of the two courts was misled.
Lanier’s testimony was interrupted by numerous objections after a judge ruled the Mt. Pleasant incident couldn’t be used as evidence.
Lanier is expected to be cross examined Monday.
In 2011, after a police escort was given to Charlie Sheen from Dulles International Airport, Burton testified to D.C. City Council that police escorts were routinely provided for celebrities visiting Washington. The testimony contradicted statements by Lanier.
When Burton filed the suit he was seeking his previous rank and $6 million.
WTOP’s John Aaron contributed to this report.
