Former PPD Officer Awaits Ruling on Termination

A former Paducah Police officer is awaiting a judge's ruling on a motion to reverse his termination.

Michael Redmon was terminated on September 21, after the Paducah City Commission ruled that he used excessive force against Joseph Cerullo during a june 29 incident at Lourdes Hospital. Redmon's attorney Jeremy Ian Smith filed a motion for summary judgement on April 25, which claims that Redmon's rights were violated during his client's termination hearing.

At a hearing Thursday in McCracken Circuit Court in front of judge Tim Kaltenbach, Smith argued that Cerullo was called to testify at Redmon's termination hearing, but asserted his fifth amendment right not to speak. A recorded interview of Cerullo was then played during the hearing. This, according to Smith, was hearsay and violated his client's right to cross examine Cerullo. He also argued that the law firm representing the city should have been disqualified from participating in the process, because at the time of the hearing they represented the city in another police brutality case.

"I find it extremely strange that an officer gets fired for excessive force when the alleged victim has no injuries. You've got to play by the rules, and I don't think the rules were played by. I think officer Redmon's rights were violated. We are waiting for Judge Kaltenbach to issue a ruling." Smith said.

Attorney Stacey Blankenship, who represents the city says that since this was an administrative hearing and not a criminal case, Cerullo's taped interview was allowable in the proceedings. She says this assertion is backed up by a Kentucky Court of Appeals ruling last year.

"There is a case almost exactly on point, it's a City of Ludlow case, that was issued last year in fact, where the same argument was made," Blankenship said. "It was written statements of people who were not testifying there at the hearing, and the Kentucky Court of Appeals said that hearsay is perfectly admissible in these administrative hearings.  Again, we're not in a criminal court. This is an administrative hearing, and so the rules are different."

Blankenship also said there is no law that says the attorney representing the city cannot represent the Chief of Police in a termination hearing. 

"This firm does represent the city periodically almost on a continuous basis. Chief Barnhill is an employee of the city, so needless to say when he needs to file disciplinary charges against an employee, he goes to the attorneys who represent the city. There is no law, case or statute that says the attorney representing the chief, who is a city employee, cannot be the city attorney."

Smith said if Kaltenbach rules in Redmon's favor, his case will be sent back to the Board of Commissioners for another hearing. He says he thinks the city would likely appeal that decision.