If this goes to trial,
I'm sure the City of Canton feels they can utilize Harless's partner along with the tape to successfully prosecute Bartlett.
After all, Harless's partner was dummy #2 for getting into the back seat of the car without clearing the vehicle first.
But given the fact that Harless is out on sick leave, again, which is more than likely 'mental stress' related and will not attend the hearing and the fact that this hearing will not be about the deplorable tactics used in the stop by Harless and his partner, but rather whether Mr. Barlett tried to inform LEO's of his ccw at the onset of the stop, the prosecution will have to use what they have to try and prove their case. Which will largely be the testimony of Harless's partner.
For the life of me, I can't understand why departmental charges have not been put on Harless's partner as well. I'm sure there's training procedure's and very likely departmental policies about entering a vehicle to search before properly clearing it.
As far as Harless goes, at this stage of the game, IMO, he knows he's screwed. He's opened up the City of Canton to a very large,costly lawsuit. Which in turn has caused national embarrassment to all Canton officials from the mayor on down, including his fellow officers. He's put the union in a position that makes it very hard for them to defend him....sooo, he'll use any angle he can to come out of this the best he can.
If that includes using the city established policies, union by-laws, the sick leave policy(which IMO, there's no doubt he's doing right now) or fellow LEO's, he's gonna do it to try and come out of this as un-scathed as possible.
What the City of Canton has to do is not only be very careful as to how they are dealing with Bartlett's situation, which is going to be very costly for them, but make sure they dot all their i's and cross all the t's in getting rid of Harless.
Hard as it is to believe, if the city doesn't, they may end up getting sued by Harless as well. Especially if Harless is out on mental stress at this point which can be a very touchy issue.
After everything thats happened in this case so far, I'm not sure the leadership in Canton is smart enough to keep this whole thing from doing anything but getting worse.... at an incredible overall cost to the taxpayers.
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Oooops, after posting the above I clicked onto the site that drcook posted earlier about updates.
Reading the second item : 'other statements of that nights events', seems as though Officer Diel, Harless's partner only remembers details of SOME of the events that happened the evening of the arrest of Barlett when questioned by IA.
Basically, he couldn't remember any derogatory conversation Harless had with Barlett.
How convenient when a veteran cop like Diel can remember so many details of the nights events. He CAN remember Harless saying/asking certain things about the gun and being upset with Barlett but CAN'T remember Harless threatening Bartlett when the tape shows him no more than three feet away facing the two, CAN'T remember the berating Harless gave Bartlett from Barletts car to the cruiser which continued after everyone was in the cruiser.
All this, "I CAN'T remember" stated to IA by Diel and the fact that no departmental charges were pressed on Diel for covering up for Harless, doesn't give much faith in Canton PD IA dept.
If his memories that bad, maybe he shouldn't be on the street either. He may forget a call he's sent on while enroute to the call.
Also the answer by Diel in regards to the question asked him by IA of the dashcam/recorder being on/off was interesting as well.