Officer Kurt Rosenthal Accused of Leaving Sexually Explicit Messages on Cell Phone While Driving Drunk

DES MOINES, Iowa

The Iowa Court of Appeals on Thursday upheld a ruling that allows a Dubuque police officer who left a drunken, sexually explicit telephone message with a female officer to keep his job.

Officer Kurt Rosenthal was accused of placing calls to the female officer's cell phone while out drinking with other off-duty officers in October 2007. Court records said he left one sexually explicit message. He also was accused of driving around the city the same evening while intoxicated.

The following month, Rosenthal was fired and he challenged the termination. The Dubuque Civil Service Commission reduced his punishment to a 30-day suspension without pay, but the city appealed that decision to the Dubuque County District Court.

That court upheld the suspension, finding that the firing of Rosenthal, an officer since 2002 with no prior disciplinary record, wasn't warranted. The city also appealed that decision.

Barry Lindahl, an attorney for the city of Dubuque, said Thursday morning that even the majority of the three-member appeals court panel "thought it was a close case." He said he'll speak with the chief of police and city manager to consider further legal options including asking the full appeals court to review the case, or applying for the supreme court to hear the case.

Lindahl said Rosenthal remains on paid administrative leave as the case works its way through the courts. He confirmed that the female officer continues to work for the police department.

In its ruling, the appeals court said there is "no question that Rosenthal's actions constituted misconduct," but it notes his prior record and lack of any previous discipline.

"In fact, his personnel file is replete with letters of commendation from his superiors and notes of appreciation from members of the public," the court wrote in its ruling. "The absence of a disciplinary history militates in favor of suspension rather than termination."

The court also points out that the day after the incident Rosenthal called the female officer to apologize for his phone calls the night before, and the following month he enrolled in an alcohol rehabilitation program.

"That apology reflects an understanding of the severity of his misconduct and reflects remorse for that conduct," the court wrote.

Finally, the court examined Rosenthal's action on the public, saying he placed members of the community at risk by driving while intoxicated and he affected the "prestige of the police department." However, it found that his record suggests the misconduct was an isolated incident.

Chief Judge Rosemary Shaw Sackett dissented from the majority opinion. She would reverse the district court opinion, saying the "officer's conduct is such that the police chief was clearly justified in firing him."

Other Information: http://www.radioiowa.com/gestalt/go.cfm?objectid=FF694989-5056-B82A-37B9C7FFDC66F4DE

************
What about the Drunk Driving? Just because he didn't get caught and he has a clean record...he's good to go? He's just another bad cop that hasn't got caught yet.