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Story from the Wednesday, October 27, 2004 Edition of the Chronicle Telegram

 

Lawsuit Takes Aim at Dennis Will

Brad Dicken, The Chronicle-Telegram


ELYRIA — An Elyria police officer suing the city and police Chief Michael Medders wants to add county prosecutor candidate Dennis Will as a defendant in the federal lawsuit, contending Will forced officers to behave unprofessionally in his dual role as an Elyria police captain and an assistant county prosecutor.


Officer Hetzel See alleges Will ordered officers to testify before county grand juries in cases they had not worked. He also contends Will had officers use their court time to campaign for local politicians and appear in a campaign television commercial for a judicial candidate while on duty.  U.S. District Magistrate Judge William Baughman has yet to rule on the Oct. 21 motion on whether to allow See to include Will in the lawsuit.


See alleges that Medders and Will conspired to punish him for his work as a union leader and for telling a confidential informant wearing a wire that the department’s top two officers could not be trusted.  He initially filed the $6 million lawsuit in October 2003, a little less than a year after an arbitrator ruled that See had been unjustly terminated as a police officer in November 2002. The reasons given for his termination were insubordination, violation of departmental policies, unbecoming conduct and unsatisfactory performance.


The lawsuit alleges See had been denied his constitutional right to free speech by Medders and the city.  Will, a Democrat, said Elyria Law Director Terry “Pete” Shilling advised him not to comment on the lawsuit. Will did say, however, that he found the timing of See’s action “suspect.”  See, however, said the decision to add Will as a defendant had nothing to do with Will’s race against County Prosecutor Gary Bennett.


“I wanted Will to be included in the beginning,” he said. “But I was advised at that time that it would be better to wait.”  See said his former attorney, Geoffrey Smith, urged him not to include Will in the lawsuit until after the election. See said he believes Will offered Smith a job with the prosecutor’s office if Will wins the election, an allegation Smith denied.


“I indicated to him that I felt that Dennis Will was a good candidate for the prosecutor’s office, and he didn’t agree with me,” Smith said. “We clearly had a difference of opinion.”  See said he does not support Will’s bid to become county prosecutor and worries that Will could abuse his power and not keep police in check if he is elected.  “Personally, I don’t think he’s a very good candidate,” he said.


Jillian Davis, one of See’s new attorneys, said the city knew See planned to amend the complaint.  “The claim’s a good claim and it’s been the intention all along to include Mr. Will,” she said. “We’re not under any obligation to wait until after the election.”  Schilling declined comment on the lawsuit, as did Bennett.


Contact Brad Dicken at 329-7147 or bdicken@chronicletelegram.com.



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