By ALEX PIAZZA
apiazza@record-eagle.com
November 06, 2009 07:50 am SUTTONS BAY -- A union representing two Leelanau sheriff's deputies filed a grievance contending their recent firings were "unjust," the latest incident of discord that's pitted officers against administrators and caught the eye of civil rights advocates. Leelanau County Sheriff Mike Oltersdorf recently terminated Sgt. James Kiessel and Deputy Duane Wright for allegedly "abusing their power" during a recent traffic incident. Kiessel and Wright allegedly improperly arrested a county man at his house last month while investigating a traffic accident that involved his son. The incident came on the heels of the American Civil Liberties Union's contention that deputies illegally entered Leelanau County homes on at least five separate occasions from mid-2007 through this summer in search of underage drinkers. "I've got to hold the deputies responsible for their actions," Oltersdorf said. "If I do nothing based on the deputies' actions, then the community gets upset. I can't win and keep everybody happy." Michael Dettmer, a Traverse city attorney who represents Kiessel and Wright, contends they contacted a witness and verified the vehicle's damages prior to visiting the owner's home. On Wednesday, Kiessel and Wright responded by filing a grievance with the Police Officers Association of Michigan, alleging Oltersdorf retaliated against them for a prior complaint they filed against the department. Five officers, including Kiessel and Wright, contend Oltersdorf digitally recorded their telephone conversations. "It's simply retribution and retaliation," Dettmer said. Dettmer said both Kiessel and Wright had good standing with the department prior to their termination. Oltersdorf said the complaint had "nothing to do" with their firings. Authorities concluded Oltersdorf's former practice of recording and reviewing telephone conversations from the sheriff's department did not violate laws. Kiessel and Wright were dispatched to a "car in the ditch" incident on Oct. 11, but instead of examining the vehicle's damages, both men bypassed the accident and visited the owner's home in the Sugar Loaf area, Oltersdorf said. The officers questioned the vehicle's owner, who said his son was behind the wheel that night, but he refused to let Kiessel and Wright question him. Kiessel and Wright then handcuffed the man and placed him in the back of their patrol car for "obstructing an investigation," Oltersdorf said. The son later agreed to talk and was arrested for drunken driving. Oltersdorf said Kiessel and Wright should have examined the vehicle at the accident scene, which would have given them probable cause for a search warrant of the suspect's house.
—
Copyright © 1999-2010 cnhi, inc.