Providence Mayor Brett Smiley’s administration asked a judge Thursday to allow the city to fire an embattled police sergeant who was filmed kicking and punching a handcuffed man five years ago.
In June, a panel of law enforcement officers said Sgt. Joseph Hanley violated the city’s misconduct policy in the 2020 assault of Rishod Gore. The panel, convened under the state’s Law Enforcement Officers’ Bill of Rights process, suspended Hanley for 45 days, but said he should be reinstated to the force.
The appeal filed in R.I. Superior Court by city attorneys asks the court to overturn the suspension. If the court agrees with the city, the city could have final say over whether Hanley returns to the force.
“The actions in question are not reflective of the professionalism and integrity that the department is meant to uphold and this decision could harm the trust in local law enforcement we have worked hard to build within our communities,” Smiley said in a statement. “That is why [Police Chief Col. Oscar Perez and I] have decided to appeal this decision. We need to hold officers accountable for actions that do not meet the high professional standards we hold them to.”
Hanley was convicted of assault in 2021, but a hung jury led to a mistrial on appeal. In December, Hanley pleaded no contest to misdemeanor assault.
Hanley’s lawyer, Michael J. Colucci, said in an email that while the city has “every right to file the challenge,” the panels convened under the state’s disciplinary process for law enforcement officers are “intended to be the exclusive forum for resolving disciplinary matters involving police officers.”
“The Rhode Island Supreme Court has long held the court’s role is limited to a review of the record to see if any competent evidence exists to support the findings made,” Colucci said. “If so, the court must uphold the decision, even if it were to disagree with it. In this matter, there is an abundance of evidence which supports the decision, the least of which is 25 years of disciplinary history within this department for treatment of officers with similar infractions and records of achievement.”
Hanley’s saga is one of the cases that prompted Rhode Island legislators to overhaul the state Law Enforcement Officers’ Bill of Rights last year. The new measure increases the size of panels that will review LEOBOR cases, and changes the way the panels are chosen — previously, the accused could pick one of the panelists. Hanley’s case was adjudicated under the previous LEOBOR process.
