PROVIDENCE, R.I. (AP) - A Providence police sergeant has asked that a misdemeanor assault case be thrown out after the unauthorized release of video evidence.
Sgt. Joseph Hanley’s lawyer argued Monday that the publicity of the case has denied his client due process rights, the Providence Journal reported.
“As a police officer, he is entitled to the privileges afforded to police officers while using force to effectuate an arrest, the appropriateness of which can only be tested in a court of law, in due course and following due procedure and process,” Hanley’s lawyer, Michael Colucci of Olenn & Penza LLP, wrote.
In another civil action, Hanley asked the judge to restore his pay that was cut off in October following a six-month suspension.
Hanley faces a simple assault charge after prosecutors say he kicked, punched and kneeled on the head of a handcuffed man. Hanley has pleaded not guilty.
The Providence police’s civilian oversight board voted against releasing the video, but then-executive director, José Batista, released the video to media outlets.
Batista, a Democratic state representative-elect, was fired on Monday for violating Providence External Review Authority’s rules.
Colucci described Batista as a “rogue” executive director that violated the will of the attorney general’s office and the city police commissioner.
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