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Cop Sues Over Firing, Blames Meatballs

waggy

No Lifer
NEW YORK - A counterterrorism detective who says his failed drug test came because his wife had spiked his meatballs with marijuana has filed a lawsuit to get his job back.

Anthony Chiofalo asked the court to declare that his firing in August from the New York Police Department was unreasonable and unconstitutional, to declare that a damning hair sample was improperly taken and to order his rehiring with back pay plus interest, seniority and all benefits.

Chiofalo, a 22-year veteran assigned to the Joint Terrorism Task Force, was suspended without pay in November 2005 after a random drug test found marijuana in his system. He denied using drugs and demanded a hearing.

During an investigation, Chiofalo's wife, Catherine Chiofalo, said she secretly put enough marijuana for about six cigarettes in her meatball recipe in July 2005, hoping a failed blood test would force him to retire, court papers say.

Catherine Chiofalo, according to court papers, testified at the hearing that she "just wanted my husband not to die of a heart attack or get killed. I wanted him to be around to help raise my son."

The couple later took and passed lie-detector tests about how the marijuana was ingested, Anthony Chiofalo's court papers say.

Chiofalo says his wife had marijuana at home because she used it to relieve nausea caused by medications she took for back pain. He said he did not know where she got it.

An administrative judge recommended that Chiofalo be reinstated. But police Commissioner Raymond Kelly, who has the last word on firings, rejected the recommendation and fired Chiofalo.

A police department spokesman, John Kelly, said in an e-mailed comment on Chiofalo's firing, "The officer's excuse was not credible."




wow. not sure if i beleive him. BUT what a excuse. But what i don't get is why is he sueing the city? he had pot in his system so they had a right to fire him.

if anyone he should be sueing his wife heh.



 
Crap, from the title I thought that Bill Murray was somehow involved in this. Color me disappointed!!!
 
Originally posted by: waggy
Originally posted by: Throckmorton
OP, why would you not believe him after he and his wife passed lie detector tests?

lie detector test are not very accurate.

But I guess it is accurate enough to charge people with the crime if they "fail" the test. Why use it in the first place.
 
Originally posted by: crystal
Originally posted by: waggy
Originally posted by: Throckmorton
OP, why would you not believe him after he and his wife passed lie detector tests?

lie detector test are not very accurate.

But I guess it is accurate enough to charge people with the crime if they "fail" the test. Why use it in the first place.

IIRC lie detector results aren't usable as evidence most of the time
 
Chiofalo says his wife had marijuana at home because she used it to relieve nausea caused by medications she took for back pain. He said he did not know where she got it.

I thought he was an officer of the law? He allows illegal drugs/use in his home while children are present, perhaps that reason alone makes him morally unfit for duty. They claim illegal drug profits are used to support terrorists, that's one hell of a conflict of interest on his part as well.
 
Originally posted by: nakedfrog
You'd think a guy with 22 years on the force might get a second chance or something.

Fire him for that and they'll save a shitload of money on retirement pension that he would no longer qualify for.
 
Originally posted by: crystal
Originally posted by: waggy
Originally posted by: Throckmorton
OP, why would you not believe him after he and his wife passed lie detector tests?

lie detector test are not very accurate.

But I guess it is accurate enough to charge people with the crime if they "fail" the test. Why use it in the first place.

Lie detector results are inadmissible in court. No DA in his right mind would ever file charges if the only evidence at all was a failed polygraph.

ZV
 
It is such a crock of shit that its not legal. This is ridiculous. How many cops are drunks? I bet a lot.
 
Originally posted by: OdiN
Originally posted by: nakedfrog
You'd think a guy with 22 years on the force might get a second chance or something.

Fire him for that and they'll save a shitload of money on retirement pension that he would no longer qualify for.

That would make it an even crappier thing to do.
 
Reinstate him pending the outcome of the trial.

Charge the wife with felony tampering with a food. If his wife is found guilty - she goes to prison and he gets his job back.
 
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